Circular No. 24/2001/TT-BTC guides the use of funds collected from administrative fines for violations in traffic safety and order.

CIRCULAR

Guidelines for the use of funds collected from administrative penalties

for violations of traffic regulations in the field of traffic safety and order

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Pursuant to Decree No. 87/CP dated December 19, 1996 of the Government on decentralization in budget management, execution, and settlement, and Decree No. 51/1998/NĐ-CP dated July 18, 1998 of the Government amending and supplementing certain provisions of Decree No. 87/CP dated December 19, 1996 of the Government on decentralization in budget management, execution, and settlement;

Pursuant to Decree No. 36/CP dated May 29, 1995 of the Government on ensuring traffic safety and order on roads and in urban areas; Decree No. 39/CP dated July 5, 1996 of the Government on ensuring traffic safety and order on railways; Decree No. 40/CP dated July 5, 1996 of the Government on ensuring traffic safety and order on inland waterways;

Pursuant to the opinion of the Prime Minister in Circular No. 3886/VPCP-CN dated September 13, 2000 of the Government Office regarding strengthening work to ensure traffic safety and order;

After receiving comments from the Ministry of Transport, the Ministry of Public Security, and the National Traffic Safety Committee, the Ministry of Finance provides guidelines for the use of funds collected from administrative penalties for violations of traffic regulations in the field of traffic safety and order (referred to as traffic safety and order) as follows:

I/ ALLOCATION AND MANAGEMENT, USE OF PENALTY FUNDS:

1/ The entire amount of funds collected from administrative penalties for violations of traffic safety and order on roads, in urban areas, on railways, and on inland waterways shall be retained in the local budget for management and allocation as follows:

+ Allocate 30% of the total revenue to balance the local budget.

For central ministries and agencies directly involved in traffic safety and order work: the Ministry of Transport (National Traffic Safety Committee), the Ministry of Public Security, and the Central State Treasury; annually, the Ministry of Finance will allocate funds from the central budget equivalent to 30% of the penalty revenue for traffic safety and order to enable these ministries and sectors to have sufficient funds to coordinate with local forces in ensuring traffic safety and order.

+ Allocate 28% to the police force responsible for maintaining traffic safety and order in their respective areas.

+ Allocate 12% to the local traffic inspection force.

+ Allocate 10% to the forces directly involved in traffic safety and order work at districts, counties, communes, and wards. Depending on the characteristics of each locality, the People's Committees of provinces and centrally-administered cities will guide the specific content and levels of expenditure for each category to support traffic safety and order work at districts, counties, communes, and wards.

+ Allocate 3% to the local State Treasury for implementing the collection of fines (including costs for personnel authorized by the State Treasury to collect fines according to regulations).

+ Allocate 3% to weigh stations for vehicle inspections, but the total expenditure shall not exceed 20% of the actual fine revenue collected by the weigh station.

Any difference between the share allocated and the cap of 20% of actual revenue for weigh stations in provinces and cities without weigh stations shall be transferred to the local Traffic Safety Committee.

+ The remainder (at least 14%) shall be allocated to the Traffic Safety Committee of the province or centrally-administered city.

2/ The funds used by participating forces (belonging to localities) shall be allocated for the following purposes:

2.1/ For the Police Force and Traffic Inspectors (considered as 100% of the funds available), allocate for the following purposes:

a/ Reserve a minimum of 30% for purchasing equipment to serve traffic safety and order work. Equipment purchases shall be carried out in accordance with current laws and guidance from the competent authority.

b/ The remaining portion shall be allocated for the following purposes:

- Promoting and disseminating guidance on the implementation of laws protecting road infrastructure and traffic safety.

- Providing allowances to forces directly involved in traffic safety and order work (including central forces directly involved), with a maximum allowance of 200,000 VND per person per month. Officers and soldiers participating in night patrols against illegal racing shall receive a maximum allowance of 20,000 VND per person per night.

- Allocating funds for training, seminars, summarizing, and rewarding work.

- Allocating funds for repairing vehicles and fuel expenses for patrol and inspection activities.

- Other expenses;

2.2/ For weigh stations, allocate funds for the following purposes:

- Providing allowances to personnel directly involved in weigh stations and supporting forces.

- Supporting specialized vocational training.

- Supporting repairs for weigh station equipment.

- Other expenses;

2.3/ For the Traffic Safety Committee of the province or centrally-administered city, allocate funds for the following purposes:

- Operating expenses of the Traffic Safety Committee.

- Activities and inter-departmental inspections conducted by the provincial or centrally-administered city Traffic Safety Committee.

- Expenses for promoting and disseminating traffic safety and order information in the locality.

- Training expenses for traffic safety-related skills for individuals directly involved in maintaining traffic safety and order in the locality.

- Expenses for summarizing, concluding, and rewarding units and individuals with outstanding achievements in maintaining traffic safety and order.

- Expenses for mitigating the consequences of traffic accidents and supporting the clearance of traffic safety corridors according to decisions of the Provincial People's Committees.

- Other expenses;

II/ PREPARATION, EXECUTION, AND SETTLEMENT OF FUNDS FROM PENALTY REVENUE:

The preparation, execution, and settlement of funds from administrative penalties for violations of traffic regulations in the field of traffic safety and order shall be carried out in accordance with Circular No. 103/1998/TT-BTC dated July 18, 1998 of the Ministry of Finance. Specifically:

1/ Establishing Budget Projections:

Units benefiting from funds derived from administrative penalties for violations in the field of traffic safety and order as stipulated in this circular shall base their budget estimates on the verification reports issued by the Department of Finance and Price Control to prepare budget estimates according to established standards and send them to the Department of Finance and Price Control for review and consolidation, then submit them to the People's Committees of provinces and centrally-administered cities for approval along with the annual budget estimates of the unit.

2/ Execution of the budget estimate:

2.1/ On the fifth day of the following month, the State Treasury at the provincial and centrally-administered city levels shall be responsible for notifying the Department of Finance and Price Control in writing about the amount of revenue collected from administrative penalties imposed on violations in the field of traffic safety in the previous month. Based on this amount, the Department of Finance and Price Control shall promptly allocate and disburse funds to the forces participating in maintaining traffic safety in the locality.

2.2/ The amount allocated to the forces participating in maintaining traffic safety as prescribed in this Circular constitutes the maximum percentage. The expenditure items prescribed in this Circular must be implemented strictly in accordance with the financial regulations, standards, norms, and financial expenditure systems established by competent authorities. Any unused funds shall be decided by the People's Committee of the province or centrally-administered city to supplement investment in material infrastructure to ensure traffic safety within their jurisdiction.

3/ Settlement of funds:

Units receiving funds from administrative penalties in the field of traffic safety shall settle accounts according to Circular No. 21/2000/TT-BTC dated March 16, 2000, issued by the Ministry of Finance, guiding the examination and notification of annual settlement for administrative and public service units.

III/ IMPLEMENTATION:

This Circular takes effect from May 1, 2001, and replaces Circular No. 48/1999/TT-BTC dated May 6, 1999, issued by the Ministry of Finance regarding guidelines for the use of revenue from administrative penalties for violations in the field of traffic safety.

During the implementation process, if there are difficulties or obstacles, localities shall promptly report them to the Ministry of Finance for consideration and resolution./.