HANDLING OF MATERIAL EVIDENCES FOR COMMISSION OF ADMINISTRATIVE VIOLATIONS
On August 18, 2017, the Government issued the Decree No. 97/2017/ND-CP on amending and supplementing a number of articles of the Government’s Decree No. 81/2013/ND-CP of July 19, 2013, detailing a number of articles of, and providing measures to implement, the Law on Handling of Administrative Violations.
Firstly, the Decree also supplement regulations on Handling of material evidences and means which are illegally appropriated or used for commission of administrative violations and subject to confiscation. Temporarily seized material evidences and means which are illegally appropriated or used for commission of administrative violations and subject to confiscation shall be returned to their lawful owners, managers or users. In this case, individual or institutional violators shall pay a sum of money equal to the value of the administrative violation’s material evidences and means into the state budget in lieu of the confiscation of such material evidences and means; if failing to pay, they shall be forced to do so. Also in accordance with this Decree, the time limit for amendment, supplementation, correction, cancellation of a decision on handling of an administrative violation or issuance of a new one is 1 year after such decision is issued, except the case of expiration of the statute of limitations. At the same time, The time limit for implementation of a decision amending or supplementing a decision on handling of an administrative violation or a new decision on handling of an administrative violation is 10 working days after the violator receives such decision. For a decision amending or supplementing a decision on application of the measure of education in commune, ward or township or a new decision on application of the measure of education in commune, ward or township, the violator shall execute such decision right after receiving it.
Besides, the Decree prescribes that organizations, individual can pay fines for administrative violations in the field of road traffic into the State Treasury by the public-utility postal service.
This Decree takes effect on October 05, 2017.
