Vehicles violating alcohol concentration are detained, if damaged, will there be compensation?

Regarding this issue, Article 9 of Decree 138/2021/ND-CP stipulates responsibilities in managing and preserving seized and confiscated exhibits and means, and 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 handing over the seized exhibits, means, licenses, and practice certificates to the manager and custodian.

- The person who decides to temporarily detain or confiscate is responsible for managing and preserving the seized or confiscated objects, means, licenses, and practice certificates. In case the seized objects, means, licenses, and practice certificates are lost, sold in violation of regulations, swapped, damaged, have lost parts, or 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 confiscated 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 parts, 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 violating administrative regulations is handed over to the violating organization or individual for safekeeping, the person with authority to temporarily detain the vehicle is responsible for managing and preserving the vehicle violating administrative regulations from the time of temporary detention until the time of handing over the vehicle 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 of epidemics. 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, transfer seized exhibits, means, licenses, and practice certificates or receive, transfer confiscated exhibits and means to agencies, organizations, and individuals when there is a written decision from a competent authority.

Thus, the traffic police who draw up a record of temporary detention and decide 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 temporary detention decision 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 to have a record of 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 to determine the value of the damaged property.

Minh Hoa (t/h)

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