Joint Circular No. 100/2008/TTLT-BTC-BGTVT-BCA-BTP-NHNNVN guiding the implementation of Clause 2, Article 47 of Decree No. 146/2007/NĐ-CP dated September 14, 2007 on administrative penalties for violations in the field of road traffic.

 JOINT CIRCULAR

Guidelines for Implementing Clause 2, Article 47 of Decree No. 146/2007/NĐ-CP

dated September 14, 2007 on administrative penalties for violations

in the field of road traffic

Pursuant to the Ordinance on Handling Administrative Violations 2002 and the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations 2008;

Pursuant to Decree No. 146/2007/NĐ-CP dated September 14, 2007 on administrative penalties for violations in the field of road traffic,

The Ministry of Finance, the Ministry of Transport, the Police Department, the Ministry of Justice, and the State Bank of Vietnam provide guidelines for collecting and paying administrative fines in the field of road traffic by deducting from the violator's account as stipulated in Clause 2, Article 47 of Decree No. 146/2007/NĐ-CP dated September 14, 2007 on administrative penalties for violations in the field of road traffic as follows:

I. GENERAL PROVISIONS

1. Scope of Application

a) These Circulars guide the procedures and formalities for paying fines to organizations and individuals in Vietnam and foreign organizations and individuals who commit administrative violations in the field of road traffic within the territory of Vietnam (hereinafter referred to as the violator) by deducting from their accounts opened at banks, credit institutions, state treasuries, or other organizations permitted to provide payment services in Vietnam (hereinafter referred to as banks).

b) Paying fines by deducting from the violator's bank account is when the violator requests the bank where they have an account to transfer money to the temporary holding account of the financial authority recorded in the penalty decision. Deducting the fine payment from the violator's account is carried out through payment by mandate.

c) Payment of administrative fines in the field of road traffic in cash shall be implemented according to Decree No. 124/2005/NĐ-CP dated October 6, 2005 on receipts for fine payments and management and use of fine payments and Circular No. 47/2006/TT-BTC dated May 31, 2006 of the Ministry of Finance guiding the implementation of certain provisions of the aforementioned Decree No. 124/2005/NĐ-CP.

2. Conditions for Paying Fines by Deduction from the Violator's Account

a) The violator voluntarily pays the fine by deducting from their own account at the bank instead of paying in cash.

b) The violator has an account open at a bank, the account is operating normally, and there is sufficient money to execute the penalty decision.

c) The violator is fined with an amount exceeding 200,000 VND (two hundred thousand dong).

3. Principles of Collection and Payment of Fines

a) Payment of fines by deduction from the account must be completed within ten days from the date the violator receives the penalty decision.

b) Upon receiving a valid mandate signed by the violator, if there is sufficient money in the violator's account to comply with the penalty decision, the bank where the violator has an account is responsible for immediately processing the payment procedures to transfer the fine payment to the temporary holding account of the financial authority recorded in the penalty decision.

II. PROCEDURES FOR COLLECTION AND PAYMENT OF FINES

1. Penalty Procedures

a) When discovering a violation, the authorized authority must record the administrative violation in accordance with Article 55 of the Administrative Violation Handling Ordinance and issue a penalty decision in accordance with Article 56 of the Administrative Violation Handling Ordinance.

b) The penalty decision must be handed over to the violator for execution, kept at the issuing authority for monitoring, and sent to the State Treasury where the financial authority has a temporary holding account for verification, comparison, and retention of documents.

c) In cases where only a fine is applied to the violator, the authority issuing the penalty decision may temporarily hold the vehicle registration certificate or driver's license or other relevant documents until the violator completes the execution of the penalty decision. If the violator does not have these documents, the authority issuing the penalty decision may temporarily hold the contraband or the violating vehicle.

2. Fine Payment Procedures

a) Based on the penalty decision, the violator issues a mandate to request the bank to transfer the fine payment from their account to the fine collection account recorded in the penalty decision. The fine payment is considered complete from the moment the violator's request is accepted by the bank where the violator has an account.

b) After paying the fine, the violator retains the mandate as proof of full payment when going to the issuing authority to reclaim seized documents, contraband, or vehicles.

As soon as the violator presents evidence proving that the full fine amount has been transferred to the correct account recorded in the penalty decision, the issuing authority is responsible for returning all seized documents or vehicles to the violator to ensure compliance with the penalty decision, except for confiscated contraband or in cases where the driver's license is revoked or the vehicle is suspended from operation for a period of time.

3. Accounting, Settlement, Management, and Use of Fines

The accounting, settlement, management, and use of fines paid in the field of road traffic by deducting from the violator's account shall be carried out in accordance with the guidance provided in Circular No. 89/2007/TT-BTC dated July 25, 2007 of the Ministry of Finance on the collection, payment, management, and use of funds from administrative penalties in the fields of road traffic, railways, and inland waterways.

4. Responsibilities of Related Parties and Implementing Organizations

a) The violator is responsible for

- Complying with the penalty decision in accordance with Article 50 of Decree No. 146/2007/NĐ-CP dated September 14, 2007 on administrative penalties in the field of road traffic and Article 64 of the Administrative Violation Handling Ordinance.

- Bearing related costs associated with transferring the fine payment.

- Where the violator has not completed execution of the penalty decision within the time limit prescribed in Article 50 of Decree No. 146/2007/NĐ-CP dated September 14, 2007 on penalties for administrative violations in the field of road traffic and Article 64 of the Administrative Violations Handling Ordinance, the enforcement measures to compel execution of the penalty decision shall be applied according to the procedures and formalities stipulated in Article 66 of the Administrative Violations Handling Ordinance and Decree No. 37/2005/NĐ-CP dated March 18, 2005 on the procedures for applying enforcement measures to compel execution of administrative violation penalty decisions.

b) The bank where the violator maintains an account shall be responsible for transferring the fine payment to the violator's account within the required time frame upon the violator's request, and shall be liable to the violator if delays in processing payment procedures result in the violator failing to comply with the penalty decision within the required timeframe; provide complete information about the fine payment on the payment receipt for the State Treasury in accordance with current regulations.

c) The State Treasury shall be responsible for

- Managing the penalty decision to monitor and verify when receiving the fine payment transferred from the bank.

- Upon receiving a fine payment via bank transfer, the State Treasury must reconcile it with the amount recorded in the corresponding penalty decision, credit it to the temporary holding account of the financial authority, and notify the financial authority of the deposit.

- Periodically, the State Treasury shall reconcile the fine payments received from banks with the penalty decisions and inform the issuing authority of the unresolved penalty decisions to monitor and urge compliance with the payment.

III. EFFECTIVE DATE OF IMPLEMENTATION

This Circular shall take effect fifteen days from the date of publication in the Official Gazette. Any difficulties encountered during implementation should be reported to the Ministry of Finance for coordination with the Ministry of Transport, the Ministry of Public Security, the Ministry of Justice, and the State Bank of Vietnam to study and resolve them./.