Decree No. 176/2024/ND-CP on the management and use of funds collected from administrative penalties for violations related to traffic order and safety on roads and auctioning of vehicle registration plates after being deposited into the state budget.

DECREE

Regulations on management and use of funds collected from administrative penalties for violations of traffic order and safety on roads and auction proceeds from vehicle license plates after being deposited into the state budget

administrative violations concerning traffic order and safety on roads and the auction of vehicle registration plates after payment to the state budget

license plates after depositing into the state budget

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the State Budget Law dated June 25, 2015;

BASED ON THE ROAD TRAFFIC ORDER AND SAFETY LAW dated June 27, 2024;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government promulgates this Decree to regulate the management, use, and settlement of accounts for funds collected from administrative penalties for violations of traffic order and safety on roads and auction proceeds from vehicle license plates after being deposited into the state budget.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the procedures for preparing budgets, managing, using, and settling accounts for funds; the content and levels of expenditure for activities ensuring traffic order and safety with respect to funds collected from administrative penalties for violations of traffic order and safety on roads and auction proceeds from vehicle license plates after being deposited into the state budget.

Article 2. Applicability

1. Agencies authorized to use funds collected from administrative penalties for violations of traffic order and safety on roads after being deposited into the state budget:

a) Ministry of Public Security;

b) Provincial People's Committees, municipal people's committees under the central government, and other agencies at the local level outside the subject specified in point a, Clause 1, Article 2 of this Decree, participating in traffic order and safety assurance work.

2. The Ministry of Public Security may use funds collected from auctions of vehicle license plates after being deposited into the state budget.

3. Other organizations, entities, and individuals related to the management and use of funds collected from administrative penalties for violations of traffic order and safety on roads and auction proceeds from vehicle license plates after being deposited into the state budget.

Chapter II

PREPARATION OF BUDGETS, MANAGEMENT, USE, AND SETTLEMENT OF ACCOUNTS FOR FUNDS

COLLECTED FROM ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF TRAFFIC ORDER,

SAFETY ON ROADS AND AUCTION PROCEEDS FROM LICENSE PLATES

AFTER DEPOSIT INTO THE STATE BUDGET

Article 3. Preparation of budgets for funds collected from administrative penalties for violations of traffic order and safety on roads and auction proceeds from vehicle license plates after being deposited into the state budget

At the same time as preparing the annual state budget, based on implementation progress and funding needs, the Ministry of Public Security shall prepare corresponding budgets for the amount collected from administrative penalties for violations of traffic order and safety on roads and 30% of the amount collected from the previous year's auction proceeds from vehicle license plates that have been deposited into the state budget, and submit them to relevant agencies for consolidation and submission to competent authorities for allocation according to the State Budget Law and related regulatory documents.

For funds collected from administrative penalties for violations of traffic order and safety on roads, the Ministry of Public Security shall propose plans for allocating these funds to the Ministry of Public Security and localities, consolidate and include them in the annual budget report of the Ministry of Public Security for submission to relevant agencies for consolidation as required.

Article 4. Management, use, and settlement of accounts for funds collected from administrative penalties for violations of traffic order and safety on roads and auction proceeds from vehicle license plates after being deposited into the state budget

1. The preparation of budgets, management, use, and settlement of accounts for funds collected from administrative penalties for violations of traffic order and safety on roads and auction proceeds from vehicle license plates after being deposited into the state budget by the Ministry of Public Security shall be carried out in accordance with regulations governing the management and use of the state budget for activities within the field of security and social order and safety.

2. Based on the funds allocated from administrative penalties for violations of traffic order and safety on roads, provincial people's committees, municipal people's committees under the central government shall develop budget allocation plans for agencies at the local level specified in point b, Clause 1, Article 2 of this Decree, submit them to the same-level People's Council for decision-making, and send them to the Ministry of Public Security and relevant agencies for consolidation as required; the management, use, and settlement of allocated funds shall be carried out in accordance with the State Budget Law and related regulatory documents.

3. In cases where regular funding sources or other sources from the state budget allocated for traffic order and safety assurance activities are insufficient, funds collected from administrative penalties for violations of traffic order and safety on roads and auction proceeds from vehicle license plates after being deposited into the state budget may be utilized.

Chapter III

CONTENT AND LEVELS OF EXPENDITURE FOR ACTIVITIES ENSURING

TRAFFIC ORDER AND SAFETY WITH RESPECT TO FUNDS COLLECTED

FROM ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF TRAFFIC ORDER,

SAFETY ON ROADS AND AUCTION PROCEEDS FROM LICENSE PLATES

AFTER DEPOSIT INTO THE STATE BUDGET

Article 5. Contents of expenditures of the Ministry of Public Security

1. Investment, procurement of equipment and means to serve traffic order and safety work; repair, maintenance, servicing, upgrading of equipment and means.

2. Construction, operation, management, upgrading, ensuring security and safety of information systems and databases on traffic order and safety.

3. Construction, renovation, repair, maintenance, upgrading, expansion of works, command centers, offices, workplaces, places for temporary detention of means.

4. Leasing assets (houses, land, means, equipment and other assets) to serve traffic order and safety work.

5. Expenditure on fuel, oil, and other fuels to serve traffic order and safety work.

6. Conducting investigation, handling traffic accidents; resolving administrative violations in the field of traffic order and safety; remedying incidents, preventing and combating congestion, addressing potential accident points.

7. Expenditure on travel expenses, inspection and supervision activities related to traffic order and safety work.

8. Operation of hotlines, application of technology and software in traffic order and safety activities.

9. Propaganda, education, dissemination of laws on traffic order and safety; training, capacity building, checking knowledge of laws on traffic order and safety.

10. Mid-term review, finalization, organization of conferences, seminars to implement tasks and traffic order and safety work; rewarding collectives and individuals with outstanding achievements in traffic order and safety work.

11. Supporting individuals and organizations providing information reflecting administrative violations concerning traffic order and safety.

12. Expenditure on materials, office supplies, printing of files and documents; electricity to maintain information technology systems and databases on traffic order and safety; postal and communication fees to serve traffic order and safety work.

13. Survey, evaluation, proposal for construction of regulatory legal documents, construction of regulatory legal documents, establishment of systems and policies on traffic order and safety; organizing research, statistical surveys, implementation of scientific topics, conducting experimental activities, development of products and services for traffic order and safety.

14. Capacity building for officers directly participating in traffic order and safety work at night.

15. Data entry to serve traffic order and safety work.

16. International cooperation in traffic order and safety.

17. Other expenditure contents within the scope of security and social order and safety as prescribed.

18. Implementation of tasks assigned by the Government and the Prime Minister related to traffic order and safety work.

Article 6. Contents of expenditures of provincial People's Committees, municipal People's Committees under the central government, and other local agencies

1. Procurement of equipment and means to serve traffic order and safety work; repair, maintenance, servicing, upgrading of equipment and means.

2. Operation, management, upgrading, ensuring security and safety of information systems serving traffic order and safety work.

3. Renovation, repair, maintenance, upgrading, expansion of works, offices, workplaces serving traffic order and safety work, places for temporary detention of means.

4. Leasing assets (houses, land, means, equipment and other assets) to serve traffic order and safety work.

5. Expenditure on fuel, oil, and other fuels to serve traffic order and safety work.

6. Operation of hotlines, application of technology and software serving traffic order and safety work.

7. Visiting, supporting victims of traffic accidents, families of victims who died in particularly serious traffic accidents; victims with severe injuries, families of victims who died due to traffic accidents with difficult circumstances.

8. Training, capacity building for business operations serving traffic order and safety work.

9. Rewarding collectives and individuals with outstanding achievements in traffic order and safety work.

10. Expenditure on materials, office supplies, printing of files and documents, postal and communication fees serving traffic order and safety work.

11. Mid-term review, finalization, implementation of traffic order and safety tasks.

12. Construction, directing, inspecting, urging, organizing implementation of plans, programs, projects on traffic order and safety.

13. Capacity building for civil servants, public officials, and other forces at the local level directly participating in traffic order and safety work working at night, overtime.

14. Data entry to serve traffic order and safety work.

15. Resolving traffic congestion, remedying consequences of traffic accidents, rescue and performing other tasks assigned by the Government and the Prime Minister related to traffic order and safety work.

Article 7. Funding Levels

The funding levels for the contents specified in Articles 5 and 6 of this Decree are as follows:

1. The allowance for officers and soldiers directly participating in traffic order and safety assurance at night shall not exceed 200,000 VND per person per shift (one shift being four hours or more, nighttime work from 10:00 PM to 6:00 AM the next morning), half a shift (two hours) shall not exceed 100,000 VND per person, with a maximum of ten shifts per month.

2. The overtime allowance for civil servants, public officials, and other forces directly participating in daytime traffic order and safety assurance work shall not exceed 100,000 VND per person per shift, with a maximum of ten shifts per month; for night shifts, it shall not exceed 200,000 VND per person per shift (one shift being four hours or more, nighttime work from 10:00 PM to 6:00 AM the next morning), half a shift (two hours) shall not exceed 100,000 VND per person, with a maximum of ten shifts per month.

3. The support amount for individuals and organizations providing information on administrative violations related to traffic order and safety of one case shall not exceed 10% of the fine imposed for such violation, with a maximum of 5,000,000 VND per case.

4. Other funding levels shall be implemented in accordance with the provisions of the law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 8. Effective Date

This Decree takes effect from January 1, 2025.

Article 9. Implementation Organization

1. The Ministry of Public Security is responsible for guiding and organizing the management and use of funds collected from traffic administrative violations and auction proceeds from vehicle license plates after they have been deposited into the state budget within the People's Police.

2. Ministries, agencies equivalent to ministries, agencies under the Government, provincial People's Committees, and municipal People's Committees directly under the central government shall implement the provisions of this Decree within their respective functions, tasks, and authorities.

3. Ministers, heads of agencies equivalent to ministries, heads of agencies under the Government, and Chairpersons of provincial and municipal People's Committees directly under the central government are responsible for enforcing this Decree.