Shake hands with the ‘ownerless’ car? | News

12/13/2020 Business



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For material evidence and means of administrative infringement whose temporary embargo period expires but the offenders do not receive them, after 30 days of issuing the notices or publishing them publicly, the competent persons will issue decisions on confiscation and sale. price, state funds supplement.

However, for the hundreds of “unclaimed” vehicles piling up in the parking lots of airports, bus stations, hospitals … in Ho Chi Minh City, there is still no solution.

Stacking “ownerless” cars

Talk to PV Youth, Tran Van Phuong, Deputy General Manager of Mien Tay Bus Station, said: “At the station, there are a lot of motorcycles left because customers do not come to pick them up, although the parking fine clearly indicates that parking will not exceed 30 days. The accumulation is completely filled with gas, but the risk of fire and explosion remains constant ”. As for damages, according to Mr. Phuong, the immediate future is about storing and preserving the vehicle. Parking does not collect money, but it does take up storage space.

Mr. Phuong urged: “Recently, we were too much to bear the delay, so we sent a document to the An Lac Ward Police, the Binh Tan District Police to request help with the arrangement. . While waiting for the documents and procedures to be processed and auctioned, 310 motorcycles are pending, so far 100 more remain in stock for more than 6 months ”.

A representative from Mien Dong Bus Station (District 26, Binh Thanh District) said that at the end of 2018, the number of “abandoned” cars in the motorcycle parking lot was nearly 200 units and was increasing year by year. “If they are dispersed, the abandoned cars will occupy about 600 m2This equates to one floor of the parking lot, so we have to stack some cars out of the way, he added.

Also, according to TCP Company (the unit that manages and operates the Tan Son Nhat airport parking lot, Tan Binh district), in the last 4 years, this unit has also had difficulty managing and operating hundreds of vehicles. (mainly motorcycles) are shipped beyond the time specified here. Currently, the Tan Son Nhat airport parking lot has 250 cars overdue and has steadily increased over time.

In some hospitals, according to PV’s report, District 9 Hospital currently has 9 “abandoned” cars, Gia Dinh People’s Hospital has 10 “abandoned” cars that have been around for about a year. According to representatives of these hospitals, the hospital drew up a list of vehicle license plates, sent to ward police for assistance with the treatment plan, but has so far not been resolved.

Arduous settlement process

Speaking about the process to proceed to liquidate the number of “abandoned” cars, Tran Van Phuong said that in March 2019, the West Bus Station sent a document to the police, asking for support from the bus station in handling vehicles. this. After that, the Binh Tan District Police sent people to work, recording the chassis number and engine number of each vehicle.

“Through a series of” background “check steps, in October 2019, we received the police registration and motorcycle accumulation. On 10/19/2019, we took this list to publish information to find the owner in the newspaper (publish 2 numbers, each number costs 30 million VND), ”said Mr. Phuong.

According to Mr. Phuong, so far (end of November 2020), more than 365 days have passed since the publication of the newspaper but the owner does not come to receive the car, the portfolio will be sold and settled according to regulations. However, there is still no action from the authorities on the portfolio sale.
Car

“Owner” of the car in the motorcycle parking lot of the Mien Dong bus station

Mr. Le Hoang Son, Head of the Western Bus Station Service Business, was also angry: “The liquidation procedure, in my opinion, is too long, it takes too long! Not to mention the 365 days from the moment of publication to the processing of the liquidation auction procedures. As for the extension of the sale and liquidation, the bike will deteriorate seriously and the sale will not have much money left. It’s really a disadvantage and a disadvantage, ”Mr. Son admitted.
Similarly, the representative from the Mien Dong bus station said that he had contacted the local authority to report on the current situation in order to have a solution; however, the “ownerless” car driving in the parking lot has not been resolved. Meanwhile, Mr. Le Minh Hieu, Chairman of the People’s Committee of District 26 (Binh Thanh District), said, “It will be difficult to get rid of neglected cars in parking lots because this is a civil case.”

Establish ownership of the parking lot owner

According to Mr. Huynh Van Ut (Ca Mau Province People’s Court Judge), the relationship between the parking lot owner and the car owner is the one that maintains the property. Consequently, the depositary has the right to sell the salvaged property that is in danger of being damaged or destroyed for the benefit of the surety, notify the surety, and pay the depositor for the proceeds of the sale. property, after deducting reasonable expenses to sell it, in accordance with article 558 of the Civil Code 2015.

Expired vehicles area in the Tan Son Nhat airport parking lot. Photo: TRAN TIEN

Expired vehicle area in the Tan Son Nhat airport parking lot

Regarding the solution to this “abandoned” property, Mr. Vo Van Them, former deputy director of the Institute for the Protection of Advanced Persons in Ho Chi Minh City, suggested that the search process for the owner of the intangible object could be carried out. owners and objects of unidentified owners according to the Civil Code 2015.

“After the parking time has passed, after a year, from the date of the public announcement without identifying who the owner is, it is natural to establish the ownership of the car for the person who manages the property,” Mr. Add Speaking and adding, agree With Article 228 of the Civil Code of 2015, after the aforementioned one-year period, when the property of the person managing the property has been established, the owner now has the right to bring the property. After subtracting the conservation and auction costs, the income belongs to the owner of the parking lot.

However, at present it is believed that all the above solutions are possible in accordance with the regulations, but so far, almost no parking has been done for fear and fear of disputes if, after the liquidation, the owners find. Therefore, according to Mr. Vo Van Them, the Government also needs to have a decree or specific guidance, which clearly stipulates, in the previous case, how to handle it so that the parking lots are implemented, in a similar way. in case of expired administrative infraction, means and material evidence.

Not driving for fear of responsibility?

Mr. Pham Van Sy, Director of the Property Auction Services Center (Ho Chi Minh City Department of Justice), said that so far the center has not received the application or signed an asset auction contract for the property. it is a car “without an owner”. According to Mr. Sy, public opinion is also having a lot of controversy related to the disposal of this asset, making it difficult for related parties to handle it bravely.

“In the event that no owner can be found and after establishing ownership with abandoned property or unidentifiable property, the relevant individual or organization (Parking Owner – PV) can be contacted at any auction center to settle the ownership, ”Sy said.



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