Regarding this issue, Article 9 of Decree 138/2021/ND-CP stipulates the responsibilities in managing and preserving seized and confiscated exhibits, means, and temporarily seized licenses and practice certificates as follows:
-The person making the record of temporary detention is responsible for managing and preserving the seized exhibits, means, licenses, and practice certificates until the seized exhibits, means, licenses, and practice certificates are handed over to the manager and custodian.
- The person who decides to temporarily detain or confiscate is responsible for managing and preserving the seized or confiscated exhibits, means, licenses, and practice certificates. In case the seized exhibits, means, licenses, and practice certificates are lost, sold illegally, swapped, damaged, have lost components, or are replaced, the person who decides to temporarily detain or confiscate is responsible for compensation and will be handled according to the provisions of law.
- The person managing and preserving the seized exhibits, means, licenses, and practice certificates is directly responsible for managing and preserving the seized exhibits, means, and licenses and practice certificates.
In case the seized exhibits, means, licenses, and practice certificates are lost, sold in violation of regulations, swapped, damaged, have lost components, or are replaced, the person who issued the decision to temporarily detain or confiscate must be responsible before the law and the person who issued the decision to temporarily detain or confiscate for the management and preservation of the seized exhibits, means, licenses, and practice certificates.
- In case the vehicle involved in an administrative violation is handed over to the violating organization or individual for safekeeping, the person with the authority to temporarily detain the vehicle is responsible for managing and preserving the vehicle from the time of temporary detention until the vehicle is handed over to the violating organization or individual for safekeeping.
Specifically:
The seized and confiscated objects and means must be managed, preserved strictly, safely, arranged reasonably, easy to check, avoid confusion, not cause environmental pollution, spread disease. The seized and confiscated objects and means must be guaranteed to be intact, regardless of the loss of value due to objective reasons such as weather, humidity, wear and tear over time and other reasons.
Only receive, return, or transfer seized exhibits, means, licenses, or practice certificates or receive or transfer confiscated exhibits and means to agencies, organizations, or individuals when there is a written decision from a competent authority.
Thus, the traffic police who draw up a record of temporary detention and issue a decision to temporarily detain a vehicle violating traffic laws, including alcohol concentration violations, are responsible for managing and preserving the detained vehicle until the vehicle is handed over to the owner. If the detained vehicle is damaged or has lost parts, the police who issued the decision to temporarily detain it are responsible for compensation and will be handled according to the provisions of law.
In case the traffic police assign a person to manage and preserve the detained vehicle, that person is directly responsible for managing and preserving it. If the detained vehicle is damaged or has lost parts, the person must be held responsible before the law and the traffic police decide to temporarily detain the detained vehicle.
However, it should be noted that in order to have a basis for requesting compensation for damages, the vehicle owner needs a record of the temporary detention of the violating vehicle, legal documents showing legal ownership of the vehicle, information about the vehicle's condition, vehicle type, vehicle year, etc., thereby having a basis for determining the value of the damaged property.
Minh Hoa (t/h)
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