Circular No. 25/2003/TT-BTC guiding the collection, submission, management, and use of fines from administrative violations in the field of traffic safety and order.

CIRCULAR OF THE MINISTRY OF FINANCE

Guidelines for  collection, submission, management, and utilization of fines collected from administrative violations in the field of traffic safety and order  administrative violation in the field of traffic order and safety

Pursuant to the Administrative Violation Handling Decree No. 44/2002/PL-UBTVQH10 dated 16/7/2002 of the Standing Committee of the National Assembly;

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

Pursuant to the Government's Decree No. 15/2003/NĐ-CP dated February 19, 2003 on administrative penalties for road traffic offenses; Decree No. 39/CP dated July 5, 1996 on ensuring traffic safety and order on railway lines; Decree No. 40/CP dated July 5, 1996 on ensuring traffic safety and order on inland waterways;

Pursuant to the Government's Resolution No. 13/2002/NQ-CP dated 19/11/2002 on measures to curb and eventually reduce traffic accidents and congestion;

Pursuant to the guidance of the Prime Minister in Circular No. 474/VPCP-NC dated January 28, 2003 of the Government Office: "The Ministry of Finance shall guide the use of funds collected through traffic law enforcement penalties towards allocation to localities for traffic safety assurance and congestion prevention, with particular attention to appropriate and practical funding for traffic police forces";

The Ministry of Finance hereby guides the collection, submission, management, and utilization of fines collected from administrative violations in the field of traffic safety and order (referred to as TTATGT) as follows:

I. COLLECTION AND SUBMISSION OF FINES FOR ADMINISTRATIVE VIOLATIONS IN THE FIELD OF TTATGT

1. In cases where fines are collected on the spot, the procedures and formalities for collecting and submitting fines for administrative violations in the field of TTATGT are as follows:

a) According to Article 54 of the Administrative Violation Handling Decree, in cases where fines range from 5,000 VND to 100,000 VND, the authority issuing the penalty decision shall issue the penalty decision on the spot, hand it over to the individual or organization being penalized, and collect the fine on the spot simultaneously.

When collecting fines on the spot, the collector must provide a receipt for the fine payment to the payer. For simple procedures as mentioned herein, there is no need to prepare an administrative violation record.

b) According to the provisions of Article 58 of the Administrative Violation Handling Decree, in remote areas where travel is difficult, on rivers or at sea outside regular working hours, and for fines exceeding 100,000 VND, the authority issuing the penalty decision must prepare an administrative violation record according to the regulations stipulated in Article 55 of the Administrative Violation Handling Decree and transfer the record to the authority issuing the penalty decision. Individuals or organizations being penalized may pay the fine on the spot to the authority issuing the penalty decision.

When collecting fines on the spot, the collector must provide a receipt for the fine payment to the payer.

Submission of fines:

The person collecting fines as mentioned herein is responsible for depositing the collected amount into the State Treasury within the territory according to the following regulations:

In remote areas where travel is difficult, the deadline for depositing the fine into the State Treasury shall not exceed seven days from the date of collection.

In cases where fines are collected on rivers or at sea, the collector must deposit the fine into the State Treasury within two days from the date of arrival at shore.

For other cases, the deadline for depositing the fine into the State Treasury shall not exceed two days from the date of collection.

2. In cases where individuals or organizations being penalized submit fines to the State Treasury, the procedures and formalities are as follows:

According to Article 58 of the Administrative Violation Handling Decree, for cases where fines are submitted to the State Treasury, the authority issuing the penalty decision must hand over the Penalty Decision to the individual or organization being penalized (indicating the fine amount clearly). Within ten days from the date of receiving the Penalty Decision, the individual or organization being penalized must submit the fine to the State Treasury indicated in the Penalty Decision. The payer brings the Penalty Decision and the fine amount to submit at the State Treasury. When collecting the fine, the State Treasury has the responsibility to provide a receipt for the fine payment to the payer.

3. The State Treasury records the fine revenue as follows:

The State Treasury where the fine is collected (including direct collection at the State Treasury and from collectors on the spot) will periodically deduct 5 days, temporarily allocate the fine amount to beneficiaries according to the ratio specified in Section II of this Circular, and adjust at the end of the month based on actual conditions.

II. ALLOCATION OF FUNDS COLLECTED FROM VIOLATION PENALTIES IN THE FIELD OF TTATGT:

All fines collected from administrative violations in the field of TTATGT are retained entirely by the locality for use in traffic safety assurance and congestion prevention, allocated as follows:

1. 30% allocated to public security forces participating in maintaining traffic safety and order in the locality.

2. 12% allocated to traffic inspection forces operating in the locality.

3. 10% allocated to forces directly involved in traffic safety and order work at district, county, commune, and ward levels. Depending on the characteristics of each locality, the People's Committee of the province or centrally-administered city will guide the specific content and level of expenditure for each recipient serving traffic safety and order work at district, county, commune, and ward levels.

4. 2% allocated to the State Treasury in the locality responsible for collecting fines.

5. 3% allocated to weigh stations, but the total expenditure shall not exceed 20% of the actual fine revenue of that weigh station.

The difference between the percentage received and the controlled limit of 20% of the actual revenue at weigh stations and the 3% allocation at locations without weigh stations shall be transferred to the local Traffic Safety Committee for common use in traffic safety work in the locality.

6. 13% allocated to the Traffic Safety Committee of the province or centrally-administered city.

7. 30% of the total revenue retained by the locality, supplemented to the budget for traffic safety assurance work in the locality according to the decision of the Provincial People's Committee.

III. MANAGEMENT AND UTILIZATION OF FUNDS COLLECTED FROM VIOLATION PENALTIES IN THE FIELD OF TTATGT:

1. The management and utilization of fines and the expenditure levels for each recipient are implemented as follows:

1.1. For public security forces (considered as 100% of the budget), expenditures include:

a) Allocate approximately 20% to 30% for purchasing equipment to serve traffic safety assurance work. The purchase of equipment shall be carried out according to current norms, standards, and regulations.

b) The remaining 70% to 80% shall be used for the following contents:

Propaganda and dissemination of guidance on the implementation of laws related to traffic facility protection and traffic safety.

Expenditure for subsidizing personnel directly participating in traffic safety assurance work:

The expenditure shall not exceed 300,000 VND/person/month;

Traffic police officers directly participating in traffic safety assurance work during night shifts (including nighttime traffic police forces combating illegal racing) shall be additionally subsidized up to 30,000 VND/per shift;

Expenditure for training, briefing, mid-term review, and final summary of traffic safety assurance work.

Expenditure for repairing vehicles and fuel serving patrol and supervision.

Other expenditures serving traffic safety assurance work.

1.2. For traffic inspection forces (considering the budget as 100%), allocate for the following contents:

a) Allocate 30% for purchasing equipment to serve traffic safety assurance work. The purchase of equipment shall be carried out according to current norms, standards, and regulations.

b) The remainder shall be allocated for the following contents:

Propaganda and dissemination of guidance on the implementation of laws related to traffic facility protection and traffic safety.

Subsidies for personnel directly participating in traffic safety assurance work (including central-level traffic inspection forces stationed at localities): The subsidy level shall not exceed 300,000 VND/person/month.

Expenditure for training, briefing, mid-term review, and final summary of traffic safety assurance work.

Expenditure for repairing vehicles and fuel serving patrol and supervision.

Other expenditures serving traffic safety assurance work.

1.3. For weigh stations, allocate for the following contents:

Subsidies for personnel directly participating at weigh stations and supporting forces for weigh station operations.

Support for maintenance and repair of weigh station equipment.

Support for specialized vocational training.

Other expenditures serving traffic safety assurance work.

1.4. For the State Treasury

Expenditure for collecting fines;

Expenditure for agencies authorized by the State Treasury to collect fines in accordance with regulations;

Expenditure for printing, stamping, purchasing, and repairing equipment serving fine collection work;

Other expenditures serving traffic safety assurance work.

1.5. For the Provincial Traffic Safety Committee, allocate for the following contents:

Expenditure for the operation of the Traffic Safety Committee's administrative machinery;

Expenditure for inter-departmental activities of the Provincial Traffic Safety Committee;

Expenditure for local traffic safety propaganda and dissemination work;

Expenditure for organizing training on traffic safety-related business for individuals directly involved in maintaining traffic safety order in the locality;

Expenditure for mid-term review and final summary of traffic safety maintenance work;

Expenditure for supporting the resolution of traffic accident consequences and supporting the clearance of traffic safety corridors according to decisions of provincial municipal People's Committees;

Expenditure for traffic safety law education in schools;

Other expenditures serving traffic safety assurance work.

The subsidy level for personnel directly participating in traffic safety assurance work from other forces (excluding Public Security and Traffic Inspection forces) shall be decided by the provincial municipal People's Committee based on the proposal of the Department of Finance-Price Control.

2. For 30% of total revenue retained by the locality to supplement funds for traffic safety assurance work, allocate for the following contents:

2.1. Supplement and support funding for purchasing vehicles, equipment, and devices to serve traffic safety assurance work at the local level;

2.2. Supplement and support subsidies for forces directly participating in maintaining traffic safety;

2.3. Subsidies for other mobilized forces participating in maintaining traffic safety.

The use of 30% of total revenue retained by the locality for the allocation of expenditures as stipulated in this point shall be proposed by the Traffic Safety Committee and decided by the provincial municipal People's Committee.

IV. ESTABLISHING A PLAN FOR THE USE AND SETTLEMENT OF THE USE OF FINES FOR VIOLATIONS IN THE FIELD OF TRAFFIC SAFETY:

The establishment of a plan for the use of fines collected from administrative violations in the field of traffic safety is as follows:

1. Establishing a usage plan:

For units benefiting from fines collected from administrative violations in the field of traffic safety as stipulated in this circular, based on the previous year's fine revenue usage situation and the actual fine collection situation in the current year, they shall establish a usage plan according to current norms and regulations and submit it to the Department of Finance-Price Control for review and consolidation, then report to the provincial municipal People's Committee to decide on the budget allocation plan from fine revenues.

2. Implementation of the plan:

2.1. Every five days, the State Treasury at provincial municipal levels shall be responsible for temporarily transferring the amount of fines retained according to the allocation ratio specified in Section II, Points 1, 2, and 3 of this Circular into the accounts of the public security force, traffic inspection force, and other forces directly participating in traffic safety assurance work at district, county, commune, and ward levels. The public security force, traffic inspection force, and other forces directly participating in traffic safety assurance work at district, county, commune, and ward levels may temporarily withdraw from their own accounts to use according to the provisions of this Circular.

2.2. On the 5th day of each month, the State Treasury at provincial municipal levels shall be responsible for notifying the Department of Finance-Price Control in writing about the total fine revenue collected from administrative violations in the field of traffic safety in the previous month; the temporary transfer amount for the public security force, traffic inspection force, and other forces directly participating in traffic safety assurance work at district, county, commune, and ward levels;

Based on the total fine revenue collected from administrative violations in the field of traffic safety and the allocation ratio regulations specified in Section II, Points 4, 5, and 6 of this Circular, the Department of Finance-Price Control shall promptly allocate and distribute to the State Treasury at the local level, weigh stations, and the Provincial Traffic Safety Committee.

3. Settlement of fine revenue:

At the end of the year, units benefiting from fine revenue from administrative violations in the field of traffic safety shall prepare settlement reports to submit to the Department of Finance-Price Control and the Traffic Safety Committee for consolidation and reporting to the provincial municipal People's Committee for approval.

Any unused fine revenue in the year shall be transferred to the next year for use in traffic safety assurance work and to supplement investment in infrastructure for traffic safety assurance in the area.

V. OTHER REVENUES:

In addition to the revenue from fines in the field of traffic safety management mentioned above, during the implementation of the provincial People's Council's policies on urgent measures to ensure traffic safety, if additional revenues arise, they shall be retained entirely for local use to serve traffic safety management. The allocation, utilization, and specific expenditure levels shall be proposed by the Provincial Traffic Safety Committee and decided upon by the People's Committee of the province.

VI. IMPLEMENTATION ORGANIZATION:

This Circular takes effect from the date the Government Decree No. 15/2003/NĐ-CP dated February 19, 2003, on administrative penalties for violations in road traffic becomes effective and replaces Circular No. 24/2001/TT-BTC dated April 16, 2001, of the Ministry of Finance guiding the use of revenue from administrative penalties for violations in the field of traffic safety.

As for the Ministries and central agencies directly involved in traffic safety assurance work, amend Circular No. 12/2002/TT-BTC dated February 4, 2002, of the Ministry of Finance as follows: In Section II, Point 1:

Subsection 1.1: Allocate at least 50% for purchasing equipment, vehicles, fuel, and other supplies to support traffic safety assurance work. Purchases shall comply with current regulations.

Subsection 1.2: The allowance level for personnel directly participating in traffic safety assurance work shall be implemented according to the provisions at Section III, Point 1, Subsection 1.1, b of the Circular guiding the collection, submission, management, and use of revenue from administrative penalties in the field of traffic safety.

During implementation, if difficulties arise, localities should promptly report them to the Ministry of Finance for consideration and resolution.