Circular No. 106/2004/TT-BTC guiding the use of funds for traffic order and safety guaranteed by the central budget

 CIRCULAR

Guidelines for the use of funds to ensure traffic order and safety provided by the central budget traffic safety funded by the central budget

Pursuant to Decree No. 36/2001/NĐ-CP dated July 10, 2001 of the Government on ensuring road traffic order and safety and urban traffic order and safety; Decree No. 39/CP dated July 5, 1996 of the Government on ensuring railway traffic order and safety; Decree No. 40/CP dated July 5, 1996 of the Government on ensuring inland waterway traffic order and safety; Resolution No. 13/2002/NQ-CP dated November 19, 2002 of the Government on measures to control and reduce traffic accidents and congestion.

The Minister of Finance issues this Circular regulating the preparation of budgets, management, use, and settlement of funds supported by the State budget for organizations assigned or authorized by the Ministry of Foreign Affairs to perform tasks of selecting, introducing, and managing Vietnamese workers working for foreign organizations and individuals in Vietnam.

Pursuant to Decree No. 10/2004/NĐ-CP dated January 7, 2004 of the Government on management and use of state budget and assets for certain activities within the national defense and security sector;

After reaching consensus with the Ministry of Public Security, the Ministry of Transport (National Traffic Safety Committee), and the Ministry of Finance, guidelines for the use of funds from the central budget allocated for ministries and central agencies directly involved in traffic order and safety work are hereby issued as follows: using funds from the central budget to enable ministries and central agencies to directly participate in traffic order and safety assurance as follows:

I. GENERAL PROVISIONS

1- These guidelines apply to the Ministry of Public Security and the Ministry of Transport (National Traffic Safety Committee) which have been assigned tasks by the Government to ensure traffic order and safety.

2- The funds for implementing the task of ensuring traffic order and safety shall be guaranteed by the central budget. Such funds must be used according to the approved purposes and contents by the Minister of Public Security and the Minister of Transport (Chairman of the National Traffic Safety Committee).

3- Management, use, and settlement of accounts for funds to ensure traffic order and safety shall be carried out in accordance with the State Budget Law, guiding documents for the implementation of the Law, and the provisions of this Circular.

II - SPECIFIC PROVISIONS

1- Contents of expenditure:

1.1- Ministry of Public Security:

a- Expenditure for training and supporting personnel directly participating in traffic order and safety work, not exceeding 300,000 VND per person per month. Expenditure for training and supporting officers and soldiers directly participating in night traffic order and safety work (including night traffic police forces combating illegal racing), not exceeding 30,000 VND per person per night.

b- Awards for collectives and individuals with outstanding achievements in traffic order and safety work.

c- Expenditure for propaganda, conferences, seminars, training sessions, and competitions on traffic order and safety work; expenditure for supporting training and vocational education on traffic order and safety.

d- Expenditure for international cooperation and support for inter-sectoral inspection activities related to traffic order and safety work.

e- Expenditure for printing materials, forms, and decisions on administrative violations in the field of traffic order and safety.

f- Expenditure for purchasing equipment, vehicles, and fuel to serve traffic order and safety work.

Purchasing shall be carried out in accordance with current regulations of the State.

g- Expenditure for supporting repair and upgrading command posts, teams, and traffic control stations; repair of equipment and vehicles serving traffic order and safety work.

h- Expenditure for supporting the compilation, revision, and supplementation of legal documents on traffic order and safety.

i- Other expenditures.

1.2- Ministry of Transport (National Traffic Safety Committee):

1.2.1- Expenditure for the operations of the National Traffic Safety Committee's permanent office.

1.2.2- Expenditure for national traffic order and safety:

a- Expenditure for regular meetings to review and summarize traffic order and safety.

b- Expenditure for awards to individuals and collectives with outstanding achievements in national traffic order and safety work as decided by the Prime Minister and the Chairman of the National Traffic Safety Committee.

c- Expenditure for educational and legal awareness-raising work on traffic order and safety, including support for printing teaching materials for students at all levels to incorporate traffic laws into schools.

d- Expenditure for building programs and projects on traffic order and safety and organizing pilot applications of solutions in practice.

e- Expenditure for conferences, seminars, training sessions, and competitions on traffic order and safety work.

f- Expenditure for international cooperation on traffic order and safety.

g- Expenditure for emergency response to serious traffic accidents.

h- Expenditure for supporting vocational training on traffic order and safety.

i- Expenditure for supporting the compilation, revision, and supplementation of legal documents on traffic order and safety.

k- Expenditure for supporting costs for inter-sectoral inspection activities related to traffic order and safety work.

2- Preparation, execution, and settlement of funds:

The preparation, execution, and settlement of funds allocated from the central budget to the Ministry of Public Security and the Ministry of Transport (National Traffic Safety Committee) for the implementation of tasks to ensure road traffic order and safety, urban traffic order and safety, inland waterway traffic order and safety, and railway traffic order and safety shall be carried out in accordance with the provisions of Circular No. 59/2003/TT-BTC dated June 13, 2003 of the Ministry of Finance guiding the implementation of Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the State Budget Law, and Joint Circular No. 54/2004/TTLT-BTC-BCA dated June 10, 2004 of the Ministry of Finance and the Ministry of Public Security guiding the preparation, execution, settlement of the state budget, and management of state assets for certain activities within the security sector. In addition, the following points should be noted:

2.1- Preparation of estimates:

2.1.1- The Ministry of Public Security and the Ministry of Transport are responsible for preparing estimates for expenditures to serve traffic order and safety work together with annual estimates for state budget revenue and expenditure, and submitting reports to the Ministry of Finance. Specifically:

a- Pursuant to the content of expenditure stipulated in Point 1.1, Section 1, Part II, the Ministry of Public Security shall prepare the budget estimate for expenditures serving traffic order and safety work, consolidate it into the Ministry's state budget revenue and expenditure plan, and report to the Ministry of Finance.

b- Pursuant to the content of expenditure stipulated in Point 1.2, Section 2, Part II, the National Traffic Safety Committee shall prepare the budget estimate for expenditures serving traffic order and safety work, report to the Ministry of Transport for consolidation into the Ministry's state budget revenue and expenditure plan, and report to the Ministry of Finance.

2.1.2- Based on the budget estimates prepared by the Ministry of Public Security and the Ministry of Transport, the Ministry of Finance shall balance and allocate funds from the central government's economic development expenditure budget to support traffic order and safety work for the relevant ministries.

2.2- Allocation of funds:

Pursuant to the budget allocated by the Government and the current regulations, standards, and norms, as well as the norms prescribed in this Circular, the Ministry of Public Security and the Ministry of Transport shall be responsible for allocating the budget to subordinate units and submitting it to the Ministry of Finance for review according to the prescribed procedures.

The allocation of funds shall be carried out in accordance with Circular No. 59/2003/TT-BTC dated June 13, 2003, issued by the Ministry of Finance, and Joint Circular No. 54/2004/TTLT-BTC-BCA dated June 10, 2004, issued by the Ministry of Finance and the Ministry of Public Security.

2.3- The annual settlement of funds for traffic order and safety shall be conducted in accordance with the provisions of the State Budget Law and its guiding documents; Circular No. 10/2004/TT-BTC dated February 19, 2004, issued by the Ministry of Finance, guiding the examination, verification, and notification of annual settlements for administrative agencies, public institutions, and budgets at all levels; and other guiding documents of the Ministry of Finance regarding accounting closure and annual settlement work.

2.4- For contributions, donations, and sponsorships from organizations, businesses, and individuals both domestically and internationally, the Ministry of Public Security and the Ministry of Transport shall be responsible for consolidating and reporting to the Ministry of Finance on the management and utilization of these funds. The management, utilization, and settlement of these funds shall be carried out in accordance with the current regulations applicable to each corresponding source of funding.

IV- IMPLEMENTATION

This Circular shall take effect fifteen days after its publication in the Official Gazette and shall replace Circular No. 12/2002/TT-BTC dated February 4, 2002, issued by the Ministry of Finance, guiding the use of funds for traffic order and safety provided by the central government budget.

For localities, the use of revenues from administrative penalties for violations of traffic order and safety shall be implemented in accordance with the current regulations.

During implementation, if there are difficulties or obstacles, the relevant ministries and central-level agencies are requested to promptly reflect them to the Ministry of Finance for study and resolution./.