Joint Circular No. 19/2000/TTLT/BTC-BQP guides the organization of collection, submission, management, and utilization of administrative penalty fines in Vietnam's territorial sea, contiguous zone, exclusive economic zone, and continental shelf.

 

JOINT CIRCULAR

Guidelines for organizing the collection, submission, management, and use of administrative fines in the territorial sea, contiguous zone, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam.

Implementing Article 37 of Decree No. 36/1999/NĐ-CP dated June 9, 1999 of the Government on administrative penalties in the territorial sea, contiguous zone, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam.

The Ministry of Finance and the Ministry of National Defense provide guidance on the following points:

1. Individuals and organizations from Vietnam and foreign countries violating administrative regulations in the territorial sea, contiguous zone, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam, who are subject to monetary penalties under Decree No. 36/1999/NĐ-CP, shall be responsible for paying the fine in Vietnamese dong at the designated location specified in the penalty decision. Foreign individuals and organizations may pay in foreign currency at the exchange rate published by the State Bank of Vietnam at the time of collection.

The model for the administrative penalty decision in the Vietnamese maritime areas and continental shelf is attached to this Joint Circular.

2. Individuals who have registered as the principal investigator of a Research Project or Pilot Production Project and those participating in its implementation shall not participate in the Evaluation and Selection Council for that Research Project or Pilot Production Project (hereinafter referred to as the Council). In necessary cases, members of the Council may be staff members of the organization registering as the principal investigator of the Research Project or Pilot Production Project, but not more than one person and they cannot serve as Chairperson, Vice-Chairperson, or reviewing member.

2. Receipts for collecting fines are uniformly issued, managed, and used by the Ministry of Finance (General Department of Taxation) according to current regulations.

3. Maritime Police forces and State Treasury offices where the Maritime Police Bureau or Region is located shall enter into agency collection contracts to facilitate the prompt, convenient, lawful collection and submission of fines, ensuring that the person imposing the fine does not directly collect the fine, and that all collected fines are deposited into the State Treasury.

II. GUIDELINES FOR SPECIFIC PROCEDURES FOR THE COLLECTION, SUBMISSION, MANAGEMENT, AND USE OF FUNDS FROM ADMINISTRATIVE PENALTIES

1. Collection and submission of fines.

1.1. The administrative penalty decision made by the authorized authority based on Article 35 of Decree No. 36/1999/NĐ-CP or the decision resolving complaints by the authorized authority serves as the basis for collecting fines to be submitted to the state budget.

There are two types of penalty decision forms: Form 01A/XPHC is used when a violation report must be prepared; Form 01B/XPHC is used for on-the-spot fines up to 20,000 dong.

When issuing a penalty decision, the authorized authority must prepare three copies (one copy given to the person being penalized, one copy sent to the authorized maritime police unit for collection, and one copy retained by the issuing authority).

For fines of 2,000,000 dong or more, an additional copy of the penalty decision must be sent to the People's Procuracy of the province where the maritime police region or bureau is located or where the violation was discovered.

1.2. The State Treasury office where the maritime police region or bureau is located authorizes the maritime police unit to collect administrative fines. The agency collection must be conducted through an agency agreement. The content of the agency agreement follows the State Treasury's template, clearly defining the responsibilities of each party.

1.2.1. Responsibilities of the State Treasury office where the maritime police region or bureau is located:

Delivering fully the receipts and related documents for collecting fines to the authorized maritime police unit. The issuance and receipt of fine collection receipts must comply with the regulations for issuing receipts to fine collection desks as stipulated in Point 3, Section II of Circular No. 527 KB/CĐ dated July 25, 1995 of the State Treasury;

- Guiding the authorized maritime police units on the use of receipt links and procedures for submitting funds to the State Treasury in accordance with the regulations set by the Ministry of Finance;

- Paying full agency fees to the authorized maritime police units;

- Regularly and randomly checking the use of fine collection receipts and documents.

1.2.2. Responsibilities of the authorized maritime police units:

- Receiving, using, preserving, and settling accounts of fine collection receipts in accordance with the State Treasury's authorization;

- Promptly reporting counterfeit receipts, lost, or damaged receipts to the State Treasury that has authorized the collection;

- Bearing material responsibility as stipulated in Item 6.1, Point 6, Section II of Circular No. 527-KB/CĐ dated July 25, 1995 of the State Treasury if they damage or lose fine collection receipts;

- Adhering strictly to the fine collection agency agreement authorized by the State Treasury.

1.2.3. Regarding agency fees:

Agency fees are agreed upon between the State Treasury directly authorizing and the authorized maritime police units, taking into account the special costs incurred by the maritime police force when collecting fines in distant maritime and island areas. The agency fee is funded from the local government's retained portion of the fine revenue.

1.3. The authorized maritime police unit collecting fines must issue a fine collection receipt to the person being penalized once they have paid the full fine as proof of payment. The fine collection receipt consists of four parts: one for verification, one for the person being penalized to keep, one retained by the authority issuing the penalty decision, and one retained as the stub. The person tasked with collecting the fine must register the receipt number in accordance with the general regulations for financial receipts of the Ministry of Finance.

1.4. The person being penalized is responsible for paying the full fine within a maximum period of five days from the date of the penalty decision. Upon payment, the person being penalized will receive the second part of the fine collection receipt.

1.5. If the violator fails to pay the fine as prescribed in the penalty decision, enforcement measures will be taken pursuant to Article 55 of the Administrative Violations Handling Ordinance, including temporary detention of the person's documents or property corresponding to the fine amount until the fine is fully paid. Once the fine is paid, the person being penalized will receive the second and third parts of the fine collection receipt, with the third part submitted to the entity holding the detained documents or property as evidence for their return.

1.4. The person subject to punishment shall be responsible for paying the full fine as decided in the penalty decision within a maximum period of five days from the date of issuance of the decision. When paying the fine, the person subject to punishment shall be issued two copies of the fine receipt.

1.5. In cases where the violator fails to pay the fine as prescribed in the penalty decision, they shall be enforced compulsorily pursuant to Article 55 of the Administrative Violation Handling Ordinance and other compulsory measures such as temporarily withholding the offender's documents or property corresponding to the amount of the fine until the person subject to punishment pays the full fine as decided. Upon payment of the full fine, the person subject to punishment shall be issued two and three copies of the fine receipt, with the third copy returned to the place holding the documents or property as evidence for reclaiming the withheld documents or property.

1.6. At the end of each day, the maritime police unit entrusted with collecting fines must prepare a list of fine receipts collected on that day; based on this list, they shall prepare a payment voucher to submit to the state budget, and simultaneously deposit all collected funds into the State Treasury according to current regulations (the location for submitting fines is specified in the entrustment contract).

In cases where ships are at sea for extended periods, after each mission back to the maritime police unit, a payment voucher must be prepared and all collected funds deposited into the State Treasury.

1.7. On the 25th of each month, the State Treasury and the maritime police force entrusted with collecting fines must consolidate and reconcile all collected fines and unpaid fines decided upon but not yet submitted, to take measures to urge collection or enforce collection.

2. Management and utilization of funds from administrative penalties.

2.1. All funds collected from administrative penalties in the territorial waters, contiguous zones, exclusive economic zones, and continental shelves of the Socialist Republic of Vietnam must be deposited into the state budget according to the current state budget classification and retained entirely for the local budget where the Marine Police Bureau or Region is located.

2.2. Expenditures for serving administrative violation handling work must be based on Point 6, Section B, Part II of Circular No. 52-TC/CSTC dated September 12, 1996, issued by the Ministry of Finance, including the following items:

- Expenses for purchasing necessary equipment and means directly serving the prevention and suppression of violations;

- Expenses for supplementing printing of decisions, penalty records, and other related forms; expenses for propaganda, printing of materials; organizing training and exchange of professional skills for maritime police forces;

- Expenses for information gathering, investigation, verification, encirclement, escort, and handling of violations;

- Expenses for storage, transportation, and handling of seized assets, objects, and means from the time of receipt and transfer to the financial agency until the sale by auction;

- Support for enforcement costs;

- Expenses for bonuses to collectives and individuals participating in administrative penalty work based on the quality and results achieved, with a maximum of 30% of the total fine revenue for complex cases, and a maximum bonus of 200,000 dong per month for each individual;

- Expenses paid to the decision-making agency for actual costs incurred in investigating, verifying, apprehending, and handling violations, and fees for unloading, transporting, storing, testing, and appraising seized assets, objects, and means, and compensation for losses due to objective reasons up to the point of transferring to the financial agency for auction;

- Expenses for organizing valuation and auction of state-owned assets, objects, and means according to current regulations set by authorized agencies;

- Expenses for technical appraisal and valuation before organizing the sale and compensating for losses due to objective reasons until transferred to the valuation council for auction;

- Repair expenses for assets, objects, and means to be sold (if applicable);

Other expenses shall be implemented according to approved budgets, ensuring compliance with current financial management regulations.

3. Budget preparation.

Based on the contents stipulated in Point 2.2, Section II above, agencies and units assigned the task of preparing budgets shall submit them to the same-level financial agency for review and consolidation into the state budget for submission to the competent authority for approval.

4. Issuance and settlement.

The Department of Finance and Price Control shall issue funds based on the approved budget schedule to the agencies and units.

Agencies and units using the funds are responsible for settlement according to current financial regulations.

III. RESPONSIBILITIES OF STATE AGENCIES AND AUTHORITIES WITH PENALTY AUTHORITY IN HANDLING AND COLLECTING FINES

1. Authorities with penalty authority when handling administrative violations must base their decisions on the provisions of Decree No. 36/1999/NĐ-CP dated June 9, 1999, issued by the Government, to impose appropriate penalties, and guide violators to pay fines at designated locations. For those who refuse to comply with the penalty decision, the authority with penalty authority must issue a compulsory enforcement decision and organize its implementation according to Article 55 of the Administrative Violation Handling Ordinance.

2. The State Treasury is responsible for implementing the entrustment contract for fine collection signed with the entrusted maritime police unit, and consolidating and accounting for administrative fine revenues from the entrusted maritime police unit into the state budget according to the current classification and distribution ratio among levels of the budget.

3. The Department of Finance, State Treasury, Tax Bureau, and relevant local agencies where the Marine Police Bureau or Region is located have the responsibility to cooperate with the maritime police units to inspect and supervise the collection and use of fines according to regulations.

4. Any organization or individual violating regulations on the collection, submission, and use of fines shall bear legal responsibility.

IV. IMPLEMENTATION

This circular takes effect fifteen days from the date of signature. During implementation, any difficulties or issues should be reported to the relevant ministries for consideration and resolution.

 

 

MS: 01A/XPHC

Pursuant to …;

ADMINISTRATIVE PENALTIES FOR VIOLATIONS

Based on the Administrative Violation Handling Ordinance dated July 6, 1995;
Based on Decree No. 36/1999/NĐ-CP dated June 9, 1999, issued by the Government regarding administrative penalties in territorial waters, contiguous zones, exclusive economic zones, and continental shelves of the Socialist Republic of Vietnam;
Based on the administrative violation record established on... month... year...
Considering the nature, content, and behavior of the administrative violation.
I: …, position: …

Attended specialized training on... day... month... year:

Pursuant to …;

Article 1. Imposing an administrative penalty on Mr./Mrs. (or organization): …

- Address:...

- Occupation: …

- Ethnicity: … nationality: …

- ID card (or passport) number: …issued by: …

…issued on…month…year…

- Name of the violating vessel (if any) …

.................................................................................................................

- Registration number of the vessel: …

Has committed the violation: …

.................................................................................................................

As provided for in point...clause...Article...of Government Decree No. 36/1999/NĐ-CP dated June 9, 1999.

- Form of administrative penalty:...

- Additional form of penalty:...

- Measures to remedy consequences (if any):

Article 2. Mr./Mrs. (or organization) named in Article 1 shall be responsible for appearing at:

...to pay the fine and strictly comply with the forms and measures stipulated in Article 1 of this Decision. Within five days from the date of receipt of the decision, if Mr./Mrs. (or organization) does not voluntarily comply with this administrative penalty decision, coercive enforcement will be applied.

Mr./Mrs. (or organization) has the right to appeal to:...within ninety days from the date of receipt of the administrative penalty decision. During the appeal resolution period, Mr./Mrs. (organization) must still comply with this decision.

Article 3. This Decision takes effect from the date of signature.

DECISION MAKER

MS: 01B/XPHC

Pursuant to …;

ADMINISTRATIVE PENALTY AT THE SPOT

(Fine up to 20,000 VND)

Pursuant to Article 46 of the Administrative Violation Handling Ordinance dated July 6, 1995;
 Pursuant to Government Decree No. 36/1999/NĐ-CP dated June 9, 1999 on administrative penalties in the territorial sea, contiguous zone, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam.

- I:..., Position:...

Attended specialized training on... day... month... year:

Pursuant to …;

- Fine:...VND (foreign currency)...(in words).

- For Mr./Mrs. (or organization):...

- Address:...

- Committed the following violation:...

...............................................................................................................

As provided for in point:...clause...Article...of Government Decree No. 36/1999/NĐ-CP dated June 9, 1999.

Location where the violation was discovered:...

..................................................................................................................

Mr./Mrs. (or organization) shall be responsible for appearing at:...to pay the fine.

The papers and assets retained by the competent authorities include:...

Within five days, if Mr./Mrs. (or organization) does not voluntarily comply with the administrative penalty decision, coercive enforcement will be applied.

DECISION MAKER