Mẫu biên bản khám nơi cất giấu tang vật, phương tiện VPHC mới nhất

What is the sample of the inspection report of the place where the evidence and means of administrative violation are hidden? Sample minutes of search of the place where administrative evidences and means are hidden? Guidelines for writing minutes? Procedures for searching places where administrative evidences and means are hidden?

Searching places where material evidences and means of administrative violations are hidden is a measure to prevent administrative violations and ensure the handling of administrative violations. objects and means of administrative violations and according to the procedures prescribed by law. when searching places where material evidences are hidden, administrative administrative means are to record the search of places where material evidences are hidden, administrative administrative means are used as evidence in some cases and must be recorded in writing.

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1. What is the form of the inspection report of the place where the administrative evidences and means are hidden?

Sample of minutes of search of places where material evidences and means of administrative violations are hidden is a record recording the process of searching places where material evidences and means of administrative violations are hidden.

Minutes on search of places where material evidences and means of administrative violations are hidden is a form of minutes made to record the search of places where material evidences and means of administrative violations are hidden.

2. Sample minutes of search of administrative evidences and means of concealment:

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

—————

REPORT

Searching for hiding places of material evidences and means of administrative violations*

Execution of Decision on search of hiding places of material evidences and means of administrative violations No. ……/QD-KNCGTVPT dated …../…./…….. of (2) …………

see more: What is the process of impounding exhibits and means of administrative violations?

Today, when…. hours…. minutes, date …../…./………….. at (3) …………

We include:

1. Full name: ……, rank: ………….., position: …………….., unit: ………………..

Full name: …………, rank: ………….., position: ………….., unit: ……………….

2. In the presence of (4):

a) Full name (5): …………… Occupation: ……

Accommodation today: ………

b) Full name (6): …………….. Occupation: ……

see more: Application form to receive back the vehicle, vehicle papers seized, application for return of exhibits

Accommodation today: ………

c) Full name (6): …………….. Occupation: …………

Accommodation today: ………………

d) Full name(7): ………….. Position: …………..

Organ: ………

Carrying out an examination(8) …………

is a place where there are grounds to believe that there are material evidences and means of administrative violations hidden under the Decision on search of places to hide material evidences and means of administrative violations No. ……./QD-KNCGTVPT dated …./…. /…… of 2) ………

1. After searching the hiding place, we discovered the exhibits and means of administrative violations, including (9):

see more: What are artifacts? Confiscation of exhibits and means of administrative violations

……

2. Opinions presented by the owner of the place being searched (adult in the family):

…………

3. Opinions of witnesses:

…………

4. Other additional comments (if any):

…………

In addition to the exhibits and means of administrative violations mentioned above, we did not detect anything else.

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see more: Order and procedures for handling confiscated material evidences and means of administrative violations

The examination ended at…. hours …. minutes(10), date …../…/…….

All furniture at the place to be searched has been arranged in the same position as the original, no damage or loss has occurred.

This document includes…. sheet, made up of…. copies have the same content and value; read it back to the people named above, acknowledged it to be true and signed below; assigned to Mr. (Ms.) (5) ……………………………………………………. being the owner of the place being searched or an adult in their family/the representative of the organization that is the owner of the searched place, 01 copy, 01 copy for record keeping.

THE OWNER OF THE PLACE EXECUTED / REPRESENTATIVE OF THE ORGANIZATION IS THE OWNER OF THE SERVICE

(Sign)

(Specify full names)

GOVERNMENT REPRESENTATIVE

(Sign)

see more: Regulations on temporary seizure of material evidences and collection of material evidences in criminal cases

(Please specify title, first and last name)

WITNESSES

(Sign)

(Specify full names)

RECORD MAKERS

(Sign)

(Specify rank, first and last name)

DISCUSSION DECISION MAN

see more: Competence and procedures for temporary seizure of material evidences and means of administrative violations

(Signature, seal)

(Specify rank, position, full name)

3. Instructions for making minutes:

– Fill in all the information

(1) Enter the name of the agency of the person competent to make the minutes.

(2) Record the position and agency of the person who makes the decision to search the hiding place of material evidences and means of administrative violations.

(3) Enter the address where the minutes are made.

(4) In case the owner of the place being searched or an adult in their family/representative of the organization who is the owner of the place being searched is absent and the search cannot be delayed, the person competent to make a record must invite the main representative of the place to be searched. rights and 02 witnesses.

(5) Enter the full name of the owner of the place being searched or an adult in their family/representative of the organization that is the owner of the place being searched.

see more: Time limit for impounding crime vehicles and material evidences for investigation

(6) Enter the first and last name of the witness.

(7) Fill in the full name and position of the representative of the People’s Committee of the commune, ward or township where the material evidences and means of administrative violations are hidden.

(8) Specify the address of the place of examination.

(9) Specify the name, quantity, unit of calculation, brand, type, characteristics and condition of the material evidences and means of administrative violations detected (if there are many, make a separate statistical report).

(10) The search for the hiding place of material evidences and means of administrative violations must not be carried out at night, except in urgent cases or the search is being carried out but has not yet ended but the reason must be clearly stated in the minutes.

4. Procedures for searching places where administrative evidences and means are hidden:

According to the Law on Handling of Administrative Violations, regulations on:

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Article 129. Searching for hiding places of material evidences and means of administrative violations

1. Searching of places where administrative violation material evidences and means are hidden may only be conducted when there are grounds to believe that there are hidden material evidences and means of administrative violations.

see more: Return of seized material evidence? Compensation for damaged vehicles?

2. The persons specified in Clause 1, Article 123 of this Law have the right to decide to search the places where the material evidences and means of administrative violations are hidden; in case the place where the material evidences and means of administrative violations are hidden is a residence, the district-level People’s Committee presidents are requested to consider and decide.

3. When searching the place where the material evidences and means of administrative violations are hidden, the owners of the places being searched or the adults in their families and witnesses must be present. In case the owner of the place being searched and the adults in their family are absent and the search cannot be delayed, there must be a representative of the government and 02 witnesses.

4. Not to search the place where the material evidences and means of administrative violations are hidden at night, except in urgent cases or the search is being carried out but has not yet ended but the reason must be clearly stated in the minutes.

5. All cases of searching places where material evidences and means of administrative violations are hidden must be decided in writing and recorded in writing. The decision and minutes on searching the place where the material evidences and means of administrative violations are hidden must be handed over to the owner of the place being searched.

Pursuant to the above law, search of places where material evidences and means of administrative violations are hidden is a measure to prevent administrative violations and ensure the handling of administrative violations, conducted when there are grounds to believe that in where administrative violation material evidences and means are hidden and according to procedures handled by law and only persons prescribed by law can decide to search the place where administrative violation material evidences and means are hidden . If the place where the material evidences and means of administrative violations are hidden is a residence, the search decision must be approved in writing by the chairperson of the district-level People’s Committee before conducting and taking note of all cases of searching the place of storage. concealment of material evidences and means of administrative violations must be decided in writing and recorded in writing.

Besides Article 81. Procedures for confiscating material evidences and means of administrative violations:

1. When confiscating material evidences and means of administrative violations as prescribed in Article 26 of this Law, the person with sanctioning competence must make a record. The minutes must clearly state the name, quantity, type, registration number (if any), condition and quality of the confiscated objects, money, goods and means of administrative violations and must be signed by the owner. the person conducting the confiscation, the sanctioned person or the representative of the sanctioned organization and the witness; In case the sanctioned person or the representative of the sanctioned organization is absent, there must be two witnesses. For material evidences and means of administrative violations that need to be sealed, they must be sealed right in front of sanctioned persons, representatives of sanctioned organizations or witnesses. The sealing must be recorded in the minutes.

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For material evidences and means of administrative violations being temporarily seized, if the person with sanctioning competence finds that the state of such material evidences and means has changed compared to the time of issuance of the decision on temporary seizure, he/she must make a record of such changes. this change; the minutes must bear the signatures of the record maker, the person responsible for custody and the witness.

see more: Form of decision to establish council to handle material evidences and means of violation (39/QD-TLHDXLTVPT)

2. Confiscated exhibits and means of administrative violations must be managed and preserved according to the Government’s regulations.

and handle confiscated material evidences and means of administrative violations as follows:

Confiscated material evidences and means of administrative violations shall be handled as follows:

+ For material evidences of administrative violations being Vietnamese currency, foreign currencies, valuable certificates, gold, silver, precious stones and precious metals, they must be remitted into the state budget; For papers, documents and vouchers related to material evidences and means of administrative violations, they shall be transferred to agencies assigned to manage and use properties as prescribed at Point d of this Clause; For material evidences and means of administrative violations being drugs, weapons, explosives, combat gears, objects of historical value, cultural value, national treasures, antiques, forest products precious and rare objects, objects banned from circulation and other properties shall be transferred to state management agency specialized to manage and handle according to the provisions of law; For material evidences and means of administrative violations which have been transferred under decisions of competent authorities to state agencies for management and use, the agencies that have issued confiscation decisions shall assume the prime responsibility for, and coordinate with financial agencies in, administrative violations against regulations on administrative violations. the organization itself transfers it to state agencies for management and use; For material evidences and means of administrative violations that are confiscated outside the cases prescribed by law, they shall hire a professional auction organization in the province. central cities the place where the violation occurred in order to conduct the auction; if it is not possible to hire an auction organization, a council shall be established for auction.

Based on the above, we see that the search of the place where the material evidences and means of administrative violations are hidden must comply with the provisions of law and be accompanied by a record of the search of the places where the material evidences and means of administrative violations are hidden. as evidence when necessary, here is all the detailed information prescribed by current law

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