Overcoming overload of temporary parking lots for violating vehicles

X E VIOLATION OF SUN EXPOSURE

On January 19, according to Thanh Nien reporters, the temporary parking lot for traffic violations on Nguyen Van Quy Street (District 7, Ho Chi Minh City) is about 3,000 square meters wide, surrounded by corrugated iron more than 2 meters high, without a roof. Inside the parking lot, thousands of vehicles are exposed to the sun and rain. Motorbikes and three-wheeled vehicles are stacked on top of each other, packed tightly, with only about 1 meter of space left in the middle of the parking lot for walkways. Looking from the outside, it is easy to see overgrown grass and vines climbing up the discolored, dusty, and dilapidated vehicles. Many of them are rusted and have broken tires.

The temporary parking lot for traffic violators of the Traffic Police - Public Order Team of Binh Tan District Police has no roof.

Similarly, at the traffic violation vehicle impoundment lot of Thu Duc City Police (Thong Nhat Street, Binh Tho Ward, Thu Duc City), thousands of motorbikes were parked close together, tightly packed. Due to the lack of a roof, the vehicles were rusted by the rain and sun, many vehicles were rotten and damaged... At around 3:00 p.m. the same day, we recorded the parking attendants struggling to arrange and move the vehicles in the parking lot. Previously, in 2021, this parking lot had a fire.

From the story of 'innocently' livestreaming the sale of 7,000 motorbikes: How did the police liquidate the evidence?

The temporary parking lot for traffic violations of the Traffic Police Department of Ho Chi Minh City Police, covering an area of over 5,000 square meters on Hoang Dieu 2 Street (Linh Trung Ward, Thu Duc City) also has no roof. According to the records on the afternoon of January 19, this parking lot was still quite empty. At the end of the lot, hundreds of rusty three-wheeled vehicles were stacked on top of each other. Some cars had signs of fading due to being exposed to the sun for a long time. In the same situation, inside the temporary parking lot for traffic violations of the Binh Tan District Police at the intersection of Ho Van Long - Vo Tran Chi, thousands of old, rusty motorbikes... were lined up outdoors.

Sharing with Thanh Nien reporter, the leader of a Traffic Police - Order Team of Ho Chi Minh City Police said that since the peak period of crime suppression in 2023, the number of vehicles that have been temporarily detained has increased rapidly, along with the auction of seized vehicles having to go through many procedures, taking a lot of time, so "old cars plus new cars" has caused the warehouse to be overloaded. In many teams, traffic police have to take advantage of the workplace to store seized vehicles. According to this person, the auction process of seized vehicles takes about 2 years, with many strict regulations.

Violators abandon vehicles

According to Ho Chi Minh City Police, in recent times, the Traffic Police force has carried out many special projects to handle violations leading to traffic accidents. Among them, there is a project related to traffic participants violating alcohol concentration. In 2023, Ho Chi Minh City Traffic Police detected and handled 651,585 violations (temporarily impounding 1,537 cars, 153,493 motorbikes and 1,283 3- and 4-wheel vehicles). Among the violations, there were 128,149 cases of drivers violating alcohol concentration (accounting for about 19.67%). Due to the high fine for alcohol concentration violations (sometimes higher than the value of the violating vehicle) along with the additional penalty of having their driving licenses revoked, many violators abandoned their vehicles. This is one of the reasons for the increase in the number of vehicles that have been detained for a long time at warehouses and yards of Ho Chi Minh City Police and districts.

The Traffic Police Department (PC08) of Ho Chi Minh City Police said that in addition to the fact that violators of alcohol concentration levels abandon their vehicles, the number of "broken-down" vehicles and three-wheeled vehicles seized during the campaigns were also "forgotten" by violators. This is also the main reason why the warehouses temporarily holding violators are overloaded.

In 2023, Ho Chi Minh City Traffic Police organized a specialized plan to handle vehicles that do not meet technical safety standards, mainly three-wheeled vehicles, rudimentary vehicles, and motorbikes carrying bulky goods. Traffic police discovered 16,491 motorbikes carrying oversized goods, 3,356 motorbikes with unsafe technical equipment, and 2,029 three-wheeled vehicles. Most drivers of "outdated" vehicles, "broken-down" vehicles, and three-wheeled vehicles that violated the law abandoned their vehicles when the traffic police drew up a record to temporarily impound their vehicles.

Vehicles piled up, vines wrapped around them at an uncovered temporary parking lot for traffic violators in Ho Chi Minh City.

PC08 said that in Ho Chi Minh City, about 500 vehicles violating traffic laws are detained by traffic police every day (PC08 teams alone detain 200 vehicles per day). All of the above-mentioned vehicles are detained at 7 warehouses managed by PC08.

According to PC08, this unit has tried to arrange vehicles and evidence of administrative violations in warehouses and yards. However, the current warehouse area has not met the demand for receiving evidence and means of violations. Currently, PC08 is short of about 10,000 m² of warehouses and yards to temporarily detain vehicles violating administrative violations. The parking lot for vehicles violating administrative violations is overloaded, posing many potential risks of fire and explosion. Therefore, PC08 has installed and maintained fire prevention and fighting systems according to regulations; fire extinguishers have been periodically inspected; and fire prevention and fighting plans have been developed at each warehouse and yard. PC08 assigned officers and soldiers managing warehouses and yards to inspect and operate the fire prevention and fighting systems weekly and to check, remove batteries, and drain all gasoline from detained vehicles before bringing them to the yard.

Many drunk people abandon their vehicles, traffic police's temporary holding area is overloaded

LONG LIQUIDATION PROCESS

A leader of the Ho Chi Minh City Police Department's professional department informed that in 2023, the city police confiscated and auctioned 27,571 vehicles, of which PC08 had confiscated and auctioned 6 times with 19,105 vehicles. From 2018 to March 2023, PC08 coordinated with relevant agencies to conduct many auctions of vehicles seized as evidence of violations and collected more than 17 billion VND.

However, Ho Chi Minh City Police Department recognizes that the process of carrying out the auction of seized and confiscated vehicles is related to the ownership rights of citizens according to the provisions of the Constitution. Therefore, the regulations on the procedures and order of confiscation, handling and auctioning of seized vehicles and exhibits are very strict and time-consuming. Specifically, to confiscate and auction seized vehicles and exhibits, many steps must be taken according to the provisions of law, such as: organizing the verification and appraisal of the vehicle's chassis number and engine number; publishing in newspapers to find the owner; making a plan to handle seized vehicles and exhibits and reporting to the Ministry of Public Security (through the Department of Professional Affairs for approval). After that, Ho Chi Minh City Police Department issues a decision approving the auction plan and organizes the steps to auction the property according to the regulations.

Speaking to Thanh Nien reporter, a traffic police officer of Ho Chi Minh City said that currently, the procedure for liquidating vehicles abandoned by violators always goes through many procedures and takes a lot of time. For a confiscated vehicle, the process for liquidating the vehicle from the time the violator abandons the vehicle must comply with the statute of limitations for handling administrative violations of 12 months. In addition, it must go through the steps of verification, notification, confiscation, price appraisal, and auction, which takes about 2 years. In addition, there are no regulations on collecting fees for keeping temporarily detained vehicles, so there is no source of funds for reinvestment, renovation, and repair of warehouses... This situation causes difficulties in the management, operation, and repair of illegal parking lots to ensure safety, especially fire prevention and fighting.

Irony of fines for old cars: No papers, no mirrors and no car

A representative of the Traffic Police Department (C08) of the Ministry of Public Security said that the overloaded situation of temporary detention areas for violating vehicles does not only occur in big cities, but in 100% of provinces, cities as well as districts, towns and cities.

Regarding the cause of overload, according to the representative of C08, it is because violators do not come to comply with the penalty decisions and leave their property behind. For example, a vehicle used for about 10 - 15 years can only be sold for about 2 - 3 million VND, but when the owner violates the alcohol concentration limit and is fined 7 million VND, they are willing to abandon the vehicle. This behavior causes many units to be overloaded, having to rent parking lots to store violating vehicles. There are covered parking lots, and there are outdoor parking lots. However, if the vehicle is left outdoors, it will quickly deteriorate, and if it is left in a warehouse, it will also deteriorate, become dilapidated, and degrade. Therefore, the traffic police force hopes to remove obstacles and simplify the procedures for liquidating vehicles that have violated the deadline and have not been picked up to avoid overloading the temporary detention yard, avoid having to pay parking rental fees, and limit the deterioration and damage of the vehicle.

On the side of the Ministry of Finance , the Ministry said that it has completed the draft decree regulating the authority and procedures for establishing the ownership of the entire people over assets and handling assets with established ownership of the entire people. Up to now, this decree has completed the drafting and appraisal procedures and is being submitted to the competent authority for consideration and promulgation.

In the draft decree, the Ministry of Finance has proposed detailed plans for handling confiscated assets, means of administrative violations. Specifically, the handling of confiscated assets, means of administrative violations is carried out for assets of each case. In case the value of assets of a case is less than 100 million VND, the unit in charge of asset management can consolidate assets of many cases for one handling, but the maximum handling period is not more than 6 months from the date of the confiscation decision of the case with the first confiscation decision.

The draft decree, when approved, is expected to help speed up the process and procedures for handling assets that have been established as public ownership; thereby contributing to limiting the waste of assets such as old, damaged vehicles that have violated administrative regulations.

Dan Thanh - Tran Cuong

People rarely choose to deposit money as security instead of impounding their vehicles.

At the regular press conference on Ho Chi Minh City's socio-economic situation on the afternoon of January 18, Lieutenant Colonel Le Manh Ha, Deputy Head of the Ho Chi Minh City Police Department's Staff Department, said that recently, Ho Chi Minh City Police have also applied many solutions to reduce the temporary detention of vehicles to limit overloading of the vehicle detention yard. Among them, allowing people to deposit a security deposit instead of temporarily impounding the vehicle. However, this option is rarely chosen by people. The reason is that people deposit a security deposit at the maximum fine level (so it is very high) and have to go through many procedures to receive the remaining amount after paying the fine.

Regarding this issue, at the end of March 2023, the Legal Committee of the Ho Chi Minh City People's Council had a supervision session at PC08 of the Ho Chi Minh City Police Department on the management, preservation and handling of exhibits and means of administrative violations that were temporarily detained and confiscated according to administrative procedures.

According to Lieutenant Colonel Doan Van Quoi, Deputy Head of PC08, there are no instructions on the deposit of bail money for self-preservation of vehicles, on the receipt of invoices and documents when violators deposit money, on how to handle this amount of money, and on the handling regulations in case violators continue to use the vehicle to participate in traffic... Therefore, no citizen has asked PC08 to let them deposit bail money for the vehicle in violation of preservation.

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