The Ministry of Public Security has just responded to the people about the situation where a vehicle that violates traffic laws is temporarily detained but is damaged. In that case, who will be responsible, the violator or the authorities?
According to the Ministry of Public Security, Decree No. 138/2021/ND-CP dated December 31, 2021 of the Government regulating the management and preservation of exhibits, means of administrative violations that are temporarily seized, confiscated, and licenses and practice certificates temporarily seized according to administrative procedures has provisions on this matter.
Specifically, Clause 2, Article 3 clearly states that the seized and confiscated exhibits and means must be kept intact, regardless of the reduction in value due to objective reasons such as weather, humidity, wear and tear over time and other reasons.
In addition, Clause 3, Article 9 states that 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 confiscating the seized 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.
Therefore, the Ministry of Public Security affirms that when encountering the above situation, vehicle owners need to contact the agency that issued the decision to temporarily detain the vehicle for resolution.
Proposal to abolish temporary detention of vehicles for minor violations
Regarding administrative procedure reform, the Vietnam Private Hospital Association has proposed amending regulations on temporary detention of violating vehicles.
According to the content of Notice No. 71/TB-VPCP dated February 28, 2024 of the Government Office , the Vietnam Private Hospital Association explained the proposal: Currently, there are millions of vehicles (cars, motorbikes, and scooters) nationwide that have been detained due to violations by drivers. Statistics from 2013-2019 show that more than 4.3 million cars and scooters have been detained. According to a report by the National Traffic Safety Committee, in the first 6 months of 2023, the police detained 528,461 vehicles of all kinds.
"This leads to overload at vehicle detention facilities under the management of the traffic police force," the association cited.
The association also pointed out that in big cities, land funds are limited, and temporary vehicle detention areas are constantly overloaded. Many temporary vehicle detention areas do not ensure security and order, fire safety, and vehicles are damaged by rain and sun. Fires and explosions have even occurred at some temporary vehicle detention areas, causing great property damage. Investing in and maintaining temporary vehicle detention facilities also costs the budget...
According to the Association, since 2023, after the traffic police force deployed alcohol concentration measurement, the number of violating vehicles has increased dramatically, causing heavy pressure on warehouses and temporary vehicle impoundments. Some cases of alcohol concentration violations are fined large amounts, more than the value of the vehicle, so many people have abandoned their vehicles, leading to an increasing number of violating vehicles being put into temporary impoundments. In addition, the procedures for auctioning offending assets are very complicated and time-consuming, so the number of temporary vehicle impoundments has only increased, not decreased.
The Vietnam Private Hospital Association recommends: Therefore, except for vehicles that are evidence in criminal cases or cases where the violator commits serious violations, it is necessary to study and amend the temporary detention of vehicles in some cases of minor violations. Fines can be increased instead of temporary detention of vehicles.
The association also analyzed that the violator had his driving license temporarily suspended, so the right to drive the vehicle was revoked, so the temporary detention of the vehicle was not really necessary. Thereby, limiting the number of vehicles being detained, reducing pressure on management agencies, saving land funds, state budget, etc.
TM
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