Circular No. 122/2009/TT-BTC guiding the implementation of Decision No. 548/QĐ-TTg dated April 29, 2009 of the Prime Minister on supporting the replacement of agricultural and construction vehicles; motorized rickshaws; three-wheeled motor vehicles; and three- and four-wheeled unregulated vehicles that have been suspended from traffic participation.

CIRCULAR

Guidelines for implementing Decision No. 548/QD-TTg dated April 29, 2009 of the Prime Minister on supporting the replacement of agricultural tractors; motorized rickshaws; three-wheeled motor vehicles; three- and four-wheeled unregistered vehicles prohibited from traffic participation.

năm 2009 của Thủ tướng Chính phủ vềviệc hỗ trợ thay thế xe công nông;

agricultural tractors; motorized rickshaws; three-wheeled motor vehicles; three- and four-wheeled unregistered vehicles prohibited from traffic participation.

diện bị đình chỉ tham gia giao thông

 _________________________________________________________

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Resolution No. 32/2007/NQ-CP dated June 29, 2007 of the Government on urgent measures to control traffic accidents and traffic congestion;

Pursuant to Decision No. 548/QD-TTg dated April 29, 2009 of the Prime Minister on supporting the replacement of agricultural tractors; motorized rickshaws; three-wheeled motor vehicles; three- and four-wheeled unregistered vehicles prohibited from traffic participation. hỗ trợ thay thế xe công nông; xe lôi máy; xe cơ giới ba bánh; xe thô sơ ba, bốn bánh thuộc diện bị đình chỉ tham gia giao thông;

The Ministry of Finance provides guidance on the following matters:

Article 1. Objectives, conditions, levels of support, and time frame for implementation of support

1. The subjects eligible for support policies, conditions for receiving support, levels of support, and implementation shall be carried out according to the provisions of Clause 1, Clause 2, and Clause 3 of Article 1 of Decision No. 548/QD-TTg dated April 29, 2009 of the Prime Minister on supporting the replacement of agricultural tractors; motorized rickshaws; three-wheeled motor vehicles; three- and four-wheeled unregistered vehicles prohibited from traffic participation (referred to in this Circular as Decision No. 548/QD-TTg).

2. Support shall only be provided to owners of vehicles that were owned before the effective date of Decision No. 548/QD-TTg and were prohibited from circulation.

3. Time frame for providing support: until December 31, 2009.

4. Households residing in northern mountainous provinces and Central Highlands who have received support for replacing agricultural tractors and trucks beyond their service life under Decision No. 1491/QD-TTg dated November 8, 2007 of the Prime Minister shall not be eligible for the support policy for purchasing trucks issued with Decision No. 548/QD-TTg and the guidelines set forth in this Circular.

Article 2. Method of support

The support shall be implemented through the State Treasury at the district level based on complete documentation and confirmation by relevant agencies as stipulated in this Circular.

Article 3. Application for support documents

The application for support from the owner of a vehicle prohibited from traffic participation includes:

1. An application for support to replace a vehicle prohibited from traffic participation, confirmed by the People's Committee of the commune, ward, or town where the owner resides, regarding the following contents:

a) Confirmation of the owner's lawful residence.

b) Confirmation that the owner has replaced the vehicle prohibited from traffic participation according to regulations.

c) Confirmation of the owner's occupational change if they switch occupations.

(The application form follows Model 1 attached for new vehicle purchases and Model 2 attached for occupational changes).

2. A certified copy or confirmation by the People's Committee of the commune, ward, or town where the owner resides regarding the registration certificate of the vehicle prohibited from traffic participation if it was registered and assigned a license plate.

3. A certified copy or confirmation by the People's Committee of the commune, ward, or town where the owner resides regarding the registration certificate of the vehicle purchased to replace the vehicle prohibited from traffic participation.

Article 4. Procedures and formalities for support

1. The vehicle owner who is eligible to receive support under this policy shall complete the application dossier in accordance with Article 3 of this Circular and submit it to the People's Committee of the commune, ward, or town where they reside.

2. The People's Committee of the commune, ward, or town shall compile a list and send all application dossiers to the specialized department at the district level responsible for traffic management functions (hereinafter referred to as the District Specialized Department). The District Specialized Department shall take the lead in coordinating with the District Finance and Planning Department to review the application dossiers submitted by the vehicle owners.

The review results must be documented in writing and kept by the reviewing agency together with the application dossier. In cases where the application dossier does not meet the required conditions, the reviewing agency must notify the vehicle owner in writing within ten working days to continue supplementing and completing the dossier.

3. Based on the review results, the District Specialized Department shall prepare a report to submit to the District People's Committee for consideration and issuance of a decision regarding the list and amount of support for the vehicle owners.

The decision on the list and amount of support for the vehicle owners shall be sent to the following agencies: Provincial People's Committee; Department of Transport; Department of Finance; District Specialized Department; District Finance and Planning Department; State Treasury at the district level; People's Committee of the commune, ward, or town where the supported vehicle owners reside.

4. Based on the decision to support the vehicle owners issued by the District People's Committee, the People's Committee of the commune, ward, or town shall post and publicly announce the list and amount of support for the vehicle owners. The public announcement of the list and amount of support for the vehicle owners shall be carried out in accordance with Circular No. 54/2006/TT-BTC dated June 19, 2006, issued by the Ministry of Finance guiding the implementation of the regulations on publicizing direct budget support from the state for individuals and residents.

5. Based on the decision to support the vehicle owners issued by the District People's Committee, the State Treasury at the district level shall coordinate with the People's Committee of the commune, ward, or town to promptly inform the vehicle owners of the schedule for disbursing the support funds so that the vehicle owners can come to the State Treasury at the district level to process the receipt of the support funds.

6. Regarding the procedures for receiving funds at the State Treasury at the district level: the vehicle owner shall base their actions on the support decision issued by the District People's Committee and the schedule for disbursing the support funds announced by the State Treasury at the district level to go to the State Treasury at the district level to receive the support funds. To receive the support funds, the vehicle owner must present a valid national identity card for verification. In case the national identity card is lost, a household registration book or a report of loss of the national identity card with a photo attached and confirmed by the local authority where the vehicle owner resides may be used for verification.

Article 5. Allocation of Funds for Implementation

1. For localities receiving central government funding according to Clause 1 and Clause 2 of Article 3 of Decision No. 548/QĐ-TTg, the People's Committee of the province or centrally-administered city shall implement:

a) Statistics the number of vehicles subject to suspension from traffic participation, compile the demand for support up to December 31, 2009, and submit it to the Ministry of Finance and the Ministry of Transport before July 31, 2009 (using Form No. 3).

b) Advance fund allocation to promptly disburse support money based on citizens' requests and report to the Ministry of Finance and the Ministry of Transport on the implementation status every quarter before the tenth day of the first month of each quarter for the Ministry of Finance to allocate funds according to regulations.

In cases where the local budget has difficulties in funding support, timely reports should be made to the Ministry of Finance for the Ministry of Finance to advance funds to the locality.

2. For the remaining localities, the People's Committee of the province or centrally-administered city shall proactively allocate the local budget to promptly disburse support funds based on citizens' requests.

Article 6. Accounting and settlement regime

The support funds for implementing Decision No. 548/QĐ-TTg shall be recorded under Chapter 757, Category 340, Clause 369, Section 7750, Subsection 7758, and consolidated into the local government budget expenditure settlement in accordance with the State Budget Law.

Article 7. Reporting System

The People's Committees of provinces and centrally governed cities shall report to the Ministry of Finance and the Ministry of Transport on the implementation of the support for replacing agricultural and utility vehicles; motorized rickshaws; three-wheeled motor vehicles; three- and four-wheeled non-motorized vehicles that have been prohibited from traffic every quarter before the 15th day of the first month of the following quarter, and submit a summary report on the implementation for the entire year 2009 no later than February 1, 2010 (in accordance with Form No. 4 attached) for the Ministry of Finance and the Ministry of Transport to report to the Prime Minister.

Article 8. Implementation organization

This Circular takes effect 45 days from the date of signature and is implemented from the date Decision No. 548/QĐ-TTg comes into force.

All levels of People's Committees are responsible for inspecting and supervising the implementation of the support to prevent cases where beneficiaries have received support funds but continue to use the banned vehicles or vehicle owners who have received support funds transfer their banned vehicles to others for continued use to apply for further support. Any difficulties encountered during implementation should be reported to the Ministry of Finance for study, consideration, and resolution.

During the implementation process, any difficulties should be reported to the Ministry of Finance for study, consideration, and resolution./.