Question: If a vehicle is impounded for a traffic violation but when it is returned it is damaged, will the traffic police have to compensate?

Reply:

If the vehicle is temporarily detained and damaged, will the traffic police have to pay compensation?

According to Article 9, Decree No. 138/2021/ND-CP stipulates responsibilities in the management and preservation of seized and confiscated exhibits and vehicles, and temporarily seized licenses and practice certificates as follows:

- The person who prepares the temporary detention record is responsible for managing and preserving the temporarily detained exhibits, vehicles, licenses, and practice certificates until the seized exhibits, vehicles, licenses, and practice certificates are handed over. Temporarily detained for management and preservation.

- The person who issues the decision on temporary seizure or confiscation is responsible for managing and preserving temporarily detained or confiscated exhibits, vehicles, and temporarily seized licenses and practice certificates. In case the temporarily seized exhibits, vehicles, licenses, and practicing certificates are lost, sold illegally, swapped, damaged, lost of components, or replaced, the person who issued the decision on temporary seizure or confiscation is responsible. liable to compensate and be handled according to the provisions of law.

- The person who manages and preserves temporarily seized exhibits, vehicles, licenses, and practicing certificates is responsible for directly managing and preserving temporarily detained and confiscated exhibits, vehicles, licenses, and certificates. practice is temporarily detained. In cases where temporarily seized exhibits, vehicles, licenses, or practice certificates are lost, sold illegally, swapped, damaged, missing components, or replaced, they must be responsible before the law and the decision-maker. to temporarily confiscate and confiscate the management and preservation of seized exhibits, vehicles, licenses and practice certificates.

- In case a vehicle with an administrative violation is assigned to a violating organization or individual to keep and preserve according to the provisions of Articles 14 and 15, Decree No. 138/2021/ND-CP, the competent person Temporarily impounding vehicles is responsible for managing and preserving vehicles that commit administrative violations from the moment the vehicle is impounded until the vehicle is handed over to the violating organization or individual for custody and preservation.

Thus, the Traffic Police who issue the decision to temporarily impound the vehicle are responsible for compensation in case the impounded vehicle is damaged.

 Principles of management and preservation of impounded vehicles

Pursuant to Article 3, Decree No. 138/2021/ND-CP stipulating the principles of management and preservation of seized and confiscated exhibits and vehicles, temporarily seized licenses and practice certificates include:

- Temporarily detained and confiscated exhibits and vehicles must be managed and preserved strictly, safely, reasonably arranged, easy to check, to avoid confusion, and not to pollute the environment or spread diseases.

- Temporarily detained and confiscated exhibits and vehicles must be kept intact, regardless of the loss of value due to objective causes such as weather, humidity, wear and tear over time and other factors. Other causes.

- Temporarily detained licenses and practice certificates must be managed and preserved strictly, safely, reasonably arranged, easy to check, and to avoid confusion; ensure integrity.

- Only receive, return, and transfer seized exhibits, vehicles, licenses, and practice certificates or receive and transfer confiscated exhibits and vehicles to agencies, organizations, and individuals when there is a decision. written decision of a competent person.

Specifically, Clause 1, Article 6, Decree No. 138/2021/ND-CP regulates the places where temporarily seized and confiscated exhibits and vehicles, licenses and practice certificates are temporarily kept as follows:

The place where exhibits and vehicles are temporarily detained or confiscated is the house, warehouse, wharf, yard, port, seaport water area, agency headquarters or other place decided by the person with authority to temporarily confiscate or confiscate. regulations and must ensure the conditions prescribed in Clauses 2, 3 and 4, Article 6, Decree No. 138/2021/ND-CP.

The place where temporarily detained licenses and practice certificates are kept is the headquarters of the person who prepares the temporary detention record and the person who issues the temporary detention decision.

The place where the vehicle is temporarily impounded