If the vehicle owner does not drive, can he take the vehicle that violated the alcohol concentration and was seized?

Mr. Nguyen Cong Minh from Bac Ninh asked, I live and work in Ho Chi Minh City. When I went back to my hometown for Tet, I borrowed a motorbike from my relatives to celebrate Tet. I was fined by the traffic police and had my motorbike impounded for violating alcohol concentration. So after the impoundment period, can the owner of the motorbike come and get the motorbike or do I have to go and do the paperwork?

Lawyer Nguyen Thu Trang, Hung Dao Thang Long Law Office, said that the return of vehicles violating alcohol concentration is carried out according to Decree No. 138/2021/ND-CP of the Government.

Accordingly, the person managing and preserving the exhibits, means, licenses, and practice certificates shall be temporarily detained in the following order:

Check the decision to return seized exhibits, means, licenses, and practice certificates or the decision to transfer exhibits and means; check the Citizen Identification Card or Identity Card of the recipient.

The person who comes to receive the seized exhibits, means, licenses, and practice certificates must be the violator or the owner whose exhibits, means, licenses, and practice certificates are seized or the representative of the administrative violation organization as stated in the decision to temporarily detain exhibits, means, licenses, and practice certificates. If the owner, organization, or individual who violates authorizes another person to receive the seized exhibits, means, licenses, and practice certificates, a written authorization must be made in accordance with the provisions of law;

Request the person who comes to receive the seized exhibits, means, licenses, and practice certificates to compare them with the record of the seizure to check the type, quantity, volume, quality, characteristics, and current status of the seized exhibits, means, licenses, and practice certificates under the witness of the manager. The handover and receipt of the seized exhibits and means must be recorded in a record;

In case of transferring exhibits and means to an investigation agency, a specialized state management agency or an appraisal agency, the person managing and preserving the exhibits and means being temporarily detained or confiscated must make a record of the quantity, volume, weight, characteristics, type, brand, origin and condition of the exhibits and means. The record is made in 02 copies signed by the delivering and receiving parties, each party keeps 01 copy;

For confiscated exhibits and means for which the ownership of the entire people has been established or for which the competent authority or person has approved the property handling plan, the authority of the person who issued the previous confiscation decision shall coordinate with the authority assigned to preside over the property handling to organize the transfer of the property and records and documents related to the property to the receiving authority or organization.

Thus, according to current regulations, the person who comes to receive the evidence and vehicle (the vehicle temporarily detained for alcohol concentration violation) must be the violator or the owner. Mr. Minh or the vehicle owner can come to receive the vehicle that is temporarily detained for alcohol concentration violation.

If authorizing another person, Mr. Minh or the vehicle owner must have a written authorization in accordance with the provisions of law.