A draft bill that calls for the confiscation and subsequent sale of vehicles used in illegal racing is causing National Assembly deputies difficulties.
National Assembly delegates are confused over what to do with seized vehicles
According to Clause 26 in the draft, vehicles used in illegal racing will be confiscated and sold. Clause 84 in the same draft clarifies that seized vehicle not belonging to violator will be returned to its legal owner, manager, or user.
This view is based on the belief that the vehicle owner hasn’t violated the law, so they don’t have to be responsible for other people’s actions.
Thousands of confiscated vehicles have lain unused in parking lots throughout the country and maintaining these lots is a drag on public funds.
However, some NA deputies said that the seizure of vehicles was necessary to act as a deterrent. The legal interests of the users of seized vehicles will receive compensation from those who violated the law.
If such vehicles are returned to their legal owners, this regulation will create loopholes in the law, and violators will quickly take advantage of the situation. It may also create injustice among violators because if they use their own vehicles and violate the laws, their vehicles will be seized, but those using other people’s vehicles won’t suffer the same sanction.
However, Chairman of Judiciary Committee, Nguyen Van Hien said that seizing vehicles not belonging to violator is irrational, because if it cannot be proven its legal owner has violated the law, then their property cannot be confiscated.
Chairman of Finance and Budget Committee, Phung Quoc Hien suggested a more particular sanction citing the example of a parent allowing their child to use a vehicle the parent owns.
Deputy Chairman of NA, Uong Chu Luu required a reasonable amendment in which vehicle will be returned to legal owner after administrative measures have been carried out, and where enforcers could not prove its owner has violated laws.
There were two administrative sanctions proposed by Law Committee. The first sanction suggests that individual may be fined from VND50,000-VND1 billion (USD2.3- USD47,940), while organisations and legal entities may be fined up to VND2 billion (USD95,900) in case of violating administrative laws.
The second sanction suggests both individuals and organisations may be fined from VND50,000-VND1 billion (USD2.3- USD48,000).
The Law Committee seemed to support the first sanction because most NA deputies agreed that violations by organisations were often much more serious than those caused by individuals.
Another sanction which received the support of many NA deputies is that enforcers should be permitted to fine violators at penalty rates two times higher than those mentioned previously. This serious sanction may be applied to traffic, environmental, and urban management violations in five inner central cities including Hanoi, HCM City, Danang, Can Tho, and Haiphong.
