✦ 스마트 요약
Joint Circular No. 50/2010/TTLT-BTC-BXD guides the management and use of fines for administrative violations in the fields of construction, real estate business, and exploitation of building materials. This document provides detailed regulations on collection, payment, management, and use of fines, as well as reasonable costs for administrative violation handling work.
적용 범위
Individuals and organizations related to the collection and payment of fines for administrative violations in construction fields; provincial and district-level financial authorities; construction inspection forces;
핵심 사항
- Individuals and organizations subject to administrative penalties must pay the fines as stipulated in Decree No. 124/2005/NĐ-CP.
- The fines collected and deposited into the temporary holding account of the financial authority will be used to cover reasonable costs and support funding for administrative violation handling work.
- Costs for purchasing information in the verification and arrest of violations shall not exceed 10% of the fine amount and a maximum of VND 5,000,000 per case.
- Other expenses such as publicity, training, organizing inspection teams, rewarding, and subsidizing personnel involved in administrative violation handling are specified in detail.
- Payment of costs and funding support must follow these steps: notification of the fine amount, issuance of a temporary deduction certificate for 30%, preparation of a budget estimate, and execution of payment within 20 days.
🌐 이 문서의 사회적 영향
- Positive impact is the effective use of revenue from fines to support administrative violation handling work.
- Negative impact may be the financial burden on individuals and organizations subject to penalties and complex procedures in the payment process.
❓ 자주 묻는 질문
How will the fines collected from administrative violations be used?
After depositing the fines into the temporary holding account of the financial authority, they will be used to cover reasonable costs and support funding for administrative violation handling work as prescribed in Article 4 and Article 5 of this Circular.
What are the regulations regarding costs for purchasing information in the verification and arrest of violations?
The cost for purchasing information per case shall not exceed 10% of the fine amount and a maximum of VND 5,000,000 (five million dong).
What are the regulations regarding subsidies for personnel involved in administrative violation handling?
The subsidy for construction inspectors and those directly mobilized by authorized authorities to participate in forced demolition of illegal construction projects is set at 10% of the national minimum wage for each day of participation in forced demolition.
What is the deadline for payment of costs and funding support?
The payment and funding support must be completed no later than 20 days from the date of receipt of the request document and relevant files and certificates from the leading agency or organization handling the violation.
What regulations must administrative violation handling forces comply with regarding accounting for funds?
Administrative violation handling forces must maintain ledgers to track and manage the supported funding and conduct public disclosure at their agencies or units. At year-end, they must settle accounts for fund usage according to the State Budget Law.
전문
JOINT CIRCULAR
Guidelines for managing and using fines from administrative violations in construction activities; real estate business; exploitation, production, and trading of construction materials; management of technical infrastructure works; management of housing development and office buildings
Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the State Budget Law;
Pursuant to Decree No. 124/2005/NĐ-CP dated October 6, 2005 of the Government on receipts for fine collection and management and use of penalty payments;
Pursuant to Decree No. 23/2009/NĐ-CP dated February 27, 2009 of the Government on administrative penalties in construction activities; real estate business; exploitation, production, and trading of construction materials; management of technical infrastructure works; management of housing development and office buildings;
Pursuant to Decision No. 89/2007/QĐ-TTg dated June 18, 2007 of the Prime Minister on piloting the establishment of construction inspection units at district and commune levels in Hanoi and Ho Chi Minh City;
The Ministry of Finance and the Ministry of Construction hereby issue guidelines for managing and using funds collected from administrative penalties in construction activities; real estate business; exploitation, production, and trading of construction materials; management of technical infrastructure works; management of housing development and office buildings as follows:
Article 1. 1. Principles, criteria, and allocation standards for state budget investment capital development phase 2016-2020 serve as the basis for planning medium-term and annual investment plans from the state budget for the period 2016-2020 at the national level, at all levels, and in all sectors and units using state budget funds. They also serve as the basis for managing, supervising, inspecting, and auditing the implementation of medium-term and annual investment plans.
1. These guidelines apply to individuals and organizations involved in collecting, paying fines for administrative violations in construction activities; real estate business; exploitation, production, and trading of construction materials; management of technical infrastructure works; management of housing development and office buildings (hereinafter referred to collectively as the construction sector) and the use of administrative violation fines for handling violations in the construction sector in accordance with Article 70 of Decree No. 23/2009/NĐ-CP dated February 27, 2009 of the Government.
2. For cases of administrative violations where confiscated items or means of violation exist, financial support for administrative violation handling agencies shall be implemented in accordance with current regulations on the handling of confiscated items or means of violation.
Article 2. Collection, payment of fines, management, and use of receipts for administrative violation fines
1. The collection, payment of fines; management and use of receipts for administrative violation fines in the construction sector shall be carried out in accordance with Decree No. 124/2005/NĐ-CP dated October 6, 2005 of the Government on receipts for fine collection, management, and use of penalty payments and Circular No. 47/2006/TT-BTC dated May 31, 2006 of the Ministry of Finance guiding certain provisions of Decree No. 124/2005/NĐ-CP.
2. For Hanoi and Ho Chi Minh City, the local finance authority at the district level shall be responsible for monitoring the amount of fines collected by authorized forces at the commune level for processing fines to cover costs and support the operational expenses of construction inspection units at the district, commune, town, and ward levels in accordance with Decision No. 89/2007/QĐ-TTg dated June 18, 2007 of the Prime Minister on piloting the establishment of construction inspection units at district and commune levels in Hanoi and Ho Chi Minh City.
Article 3. Use of administrative violation fines in the construction sector
1. Funds collected from administrative penalties in the construction sector after being deposited into a temporary account opened by the finance authority at the State Treasury shall be used to pay reasonable and legitimate expenses and support the work of handling administrative violations in accordance with Articles 4 and 5 of this Circular, with the remainder to be deposited into the state budget at various levels as prescribed.
2. For Hanoi and Ho Chi Minh City, all funds collected from administrative penalties by construction inspection units at the district and commune levels shall be used in accordance with Clause 2, Article 15 of Decision No. 89/2007/QĐ-TTg dated June 18, 2007 of the Prime Minister on piloting the establishment of construction inspection units at district and commune levels in Hanoi and Ho Chi Minh City.
Article 4. Reasonable and legitimate expenses in the work of handling administrative violations
1. Expenses for verification and arrest include: communication costs for staff involved in handling; costs for testing and inspecting construction materials, quality of works, confiscated items, and means of violation; storage costs; preservation costs for temporarily seized items; equipment, machinery, technology, fuel costs for inspection, arrest, escort, and protection vehicles; repair costs for inspection vehicles damaged during inspections, pursuits, and arrests.
2. Information purchase costs: the cost of purchasing information for each case shall not exceed 10% of the fine amount and shall not exceed VND 5,000,000 (five million dong).
Payment of information purchase costs must be supported by complete documentation as prescribed; in cases where the name of the information provider must be kept confidential, payment of the information purchase cost shall be based on a payment voucher signed by the person directly paying the money to the information provider, the cashier, the accountant, and the head of the unit directly inspecting, checking, and handling violations. The head of the unit directly handling administrative violations shall be responsible for the accuracy and honesty in the payment of information purchase costs, ensuring that the payment is made to the correct person and for the correct purpose.
Other expenses directly related to the handling of administrative violations.
Article 5. Content and level of support for the work of handling administrative violations
1. Propaganda, dissemination, and guidance on the implementation of laws in the construction sector.
2. Training, instruction, and professional skill enhancement for officials, civil servants, and those directly engaged in construction inspection, supervision, and handling of administrative violations.
3. Organization of inspection and supervision teams operating in the construction sector.
4. Summarizing, concluding, and rewarding work in construction inspection, supervision, and handling of administrative violations.
5. Support for individuals injured or killed in accidents while participating in the handling of administrative violations in the construction sector.
6. Allowance for personnel directly involved in construction inspection, supervision, and handling of administrative violations. The allowance shall not exceed VND 1,000,000 per person per month.
7. Overtime pay in accordance with the law.
8. Expenses for compensating construction inspectors and other persons directly mobilized by authorized authorities to participate in compulsory enforcement of constructions violating laws on construction. The compensation rate is 10% of the minimum wage stipulated by the State for each day participating in compulsory enforcement.
9. Expenses for purchasing, repairing tools and means of transportation serving inspection, supervision, and administrative violation handling in the construction sector.
10. Expenses for communication, office supplies, and printing materials serving inspection, supervision, and administrative violation handling in the construction sector.
11. Expenses supporting related units in coordinating with administrative violation handling work in the construction sector.
12. Other expenses serving inspection, supervision, and administrative violation handling work.
The expenditure levels for the contents specified in this Article shall be implemented according to standards, systems, and quotas prescribed by the State; for those contents not yet regulated by the State regarding expenditure levels, the head of the unit shall decide and bear responsibility for their decisions.
Article 6. Payment of reasonable and legitimate expenses and financial support for administrative penalty work.
1. Before the fifth day of each month, the State Treasury has the responsibility to notify in writing the same-level financial agency about the revenue from administrative penalties in the construction sector of the previous month.
2. Before the tenth day of each month, based on the actual fine amount reported by the State Treasury, the same-level financial agency shall examine, decide, and issue documentation to implement the temporary withholding of 30% of the submitted fines into a temporary account; the State Treasury shall transfer the temporarily withheld amount immediately to the main agency or organization responsible for handling violations based on the financial agency's documentation.
3. Before the fifteenth day of the first month of each quarter, the main agency or organization responsible for handling violations shall base on the actual fine amount deposited into the State Treasury and the actual expenses incurred during the previous quarter's administrative violation handling process to prepare a budget for reasonable and legitimate expenses and financial support as stipulated in Articles 4 and 5 of this Circular and submit a request for financial support to the same-level financial agency.
4. Based on the actual fine revenue of each unit deposited into the temporary account and the temporarily withheld amount, and upon the financial support request documentation from the main agency or organization responsible for handling violations, the same-level financial agency shall have the responsibility to review and pay the expenses as stipulated in Articles 4 and 5 of this Circular. The payment and financial support shall be completed no later than twenty days from the date of receipt of the request documentation and relevant records from the main agency or organization responsible for handling violations. In cases where payment or financial support is not provided, a notification detailing the reasons must be sent to the main agency or organization responsible for handling violations.
Article 7. Accounting and settlement of funds paid and supported from administrative penalty revenues.
1. Administrative violation handling forces receiving payment of expenses and financial support for activities from administrative penalty revenues must maintain ledgers to track and manage the financial support as prescribed in this Circular and publicly disclose such information at their respective agencies or units.
2. At year-end, administrative violation handling forces receiving payment of expenses and financial support from administrative penalty revenues must settle the use of funds paid and supported from administrative penalty revenues in the construction sector according to the provisions of the State Budget Law and related implementing regulations.
Article 8. Implementation
This Circular takes effect forty-five days from the date of signature.
2. The State Treasury has the responsibility to organize timely collection of fines and facilitate conditions for entities paying administrative penalties. It shall follow up and record the income and expenditure of administrative penalty funds according to the State's financial management system.
3. Provincial and district-level financial agencies have the responsibility to monitor the collection, submission, management, and temporary withholding of operational funds for construction inspection forces from administrative penalty revenues in the construction sector according to the provisions of this Circular.
During implementation, if any issues arise, they should be promptly reflected to the Ministry of Finance and the Ministry of Construction for research and resolution./.
원본 문서(PDF)
관계도
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근거 4
23/2009/NĐ-CP
Nghị định số 23/2009/NĐ-CP Về xử phạt vi phạm hành chính trong hoạt động xây dựng; kinh doanh bất động sản; khai thác, sản xuất, kinh doanh vật liệu xây dựng; quản lý công trình hạ tầng kỹ thuật; quản lý phát triển nhà và công sở
만료됨
60/2003/NĐ-CP
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만료됨
124/2005/NĐ-CP
Nghị định số 124/2005/NĐ-CP Quy định về biên lai thu tiền phạt và quản lý, sử dụng tiền nộp phạt vi phạm hành chính
만료됨
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시스템에 없음
50/2010/TTLT-BTC-BXD
Joint Circular No. 50/2010/TTLT-BTC-BXD guiding the management and use of fines for administrative violations in construction activities; real estate business; exploitation, production, and trading of building materials; management of technical infrastructure works; development of housing and public offices.
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