This Circular guides the collection and use of fines for administrative violations in the fields of road traffic order and safety and urban traffic order, applicable from August 1, 1995. The authorized fine-imposing authority does not directly collect fines but must issue a penalty decision for the State Treasury to deposit into the Central Government budget.
Đối tượng áp dụng
Administrative fine-imposing authorities in the fields of road traffic order and safety and urban traffic order; State Treasury; Tax Authority; Relevant state agencies.
Các điểm cốt lõi
- The authorized fine-imposing authority does not directly collect fines but must issue a penalty decision for the State Treasury to deposit into the Central Government budget (Article 1).
- There are two models of penalty decisions: Model 1 is used for fines up to 20,000 VND; Model 2 is used for violation reports (Article 1).
- The person subject to punishment must pay the fine at the State Treasury's designated collection point within a maximum period of five days from the date of receipt of the penalty decision (Article 4).
- The State Treasury issues a receipt for the fine collected from the violator to certify that the full amount of the fine has been received according to the penalty decision (Article 5).
- All funds collected from fines are tracked separately and supplemented to the budget for ensuring road traffic order and safety and urban traffic order (Article 8).
🌐 Tác động xã hội từ văn bản này
- Reduces the immediate burden on those who violate administrative regulations by not requiring them to pay fines immediately.
- Enhances the effectiveness of budget management through the centralization of fines into the Central Government budget.
- Improves the work of ensuring road traffic order and safety and urban traffic order through additional funding.
❓ Câu hỏi thường gặp
How should administrative violation fine-imposing authorities in the fields of road traffic order and safety and urban traffic order issue penalty decisions?
They must issue penalty decisions serving as the basis for collecting fines into the Central Government budget, with two models: Model 1 is used for fines up to 20,000 VND; Model 2 is used for violation reports (Article 1).
What is the time limit for paying the fine for those subject to punishment?
Within a maximum period of five days from the date of receipt of the penalty decision (Article 4).
How does the State Treasury issue receipts for fines?
When collecting fines, the State Treasury issues copies 2 and 3 of the fine receipt to the violator (Article 5).
What purpose are all funds collected from fines used for?
All funds collected from fines are tracked separately and supplemented to the budget for ensuring road traffic order and safety and urban traffic order (Article 8).
Does the person violating administrative regulations have the right to appeal the penalty decision?
Yes, the violator has the right to appeal to the competent authority within ten days from the date of receipt of the penalty decision (Article 2 of Model 2).
Toàn văn
CIRCULAR
JOINT MINISTRY OF FINANCE-PUBLIC ADMINISTRATION DECREE NO. 56/TTLB/TC-NV DATED JULY 17, 1995
GUIDELINES FOR THE COLLECTION AND USE OF FINES IMPOSED ON VIOLATIONS OF ADMINISTRATIVE ORDERS IN THE FIELD OF ROAD TRAFFIC ORDER AND SAFETY AND CITY TRAFFIC ORDER AND SAFETY
- BASED ON DIRECTIVE NO. 317/TTg DATED MAY 26, 1995 OF THE PRIME MINISTER ON STRENGTHENING TRAFFIC ORDER AND SAFETY ON ROADS AND CITY TRAFFIC ORDER AND SAFETY;
- BASED ON ARTICLE 8 OF DECREES NO. 36/CP DATED MAY 29, 1995 OF THE GOVERNMENT ON ENSURING TRAFFIC ORDER AND SAFETY ON ROADS AND CITY TRAFFIC ORDER AND SAFETY;
- BASED ON GOVERNMENT DECREES REGULATING ADMINISTRATIVE VIOLATION PENALTIES AND DISCIPLINARY MEASURES IN THE FIELD OF TRAFFIC ORDER AND SAFETY ON ROADS AND CITY TRAFFIC ORDER AND SAFETY;
AFTER CONSULTATION WITH THE MINISTRY OF TRANSPORT AND OTHER RELEVANT MINISTRIES AND SECTORS, THE JOINT MINISTRY OF FINANCE-PUBLIC ADMINISTRATION GUIDES THE COLLECTION AND USE OF FINES IMPOSED ON VIOLATIONS OF ADMINISTRATIVE ORDERS IN THE FIELD OF TRAFFIC ORDER AND SAFETY ON ROADS AND CITY TRAFFIC ORDER AND SAFETY AS FOLLOWS:
I - GENERAL PROVISIONS.
1- FROM AUGUST 1, 1995, PERSONS AUTHORIZED TO IMPOSE ADMINISTRATIVE PENALTIES IN THE FIELD OF TRAFFIC ORDER AND SAFETY ON ROADS AND CITY TRAFFIC ORDER AND SAFETY SHALL NOT COLLECT FINES DIRECTLY.
2 - DOMESTIC AND FOREIGN INDIVIDUALS AND ORGANIZATIONS VIOLATING ADMINISTRATIVE ORDERS IN THE FIELD OF TRAFFIC ORDER AND SAFETY ON ROADS AND CITY TRAFFIC ORDER AND SAFETY ON THE TERRITORY OF THE SOCIALIST REPUBLIC OF VIETNAM ARE REQUIRED TO PAY THE IMPOSED FINES (IN VIETNAMESE DONG) AT THE LOCATION SPECIFIED IN THE DECISION IMPOSING THE PENALTY.
3 - THE RECEIPT FOR THE COLLECTION OF FINES IS UNIFORMLY ISSUED BY THE MINISTRY OF FINANCE (GENERAL DEPARTMENT OF TAXATION) (ATTACHED MODEL). MANAGEMENT AND USE OF THE RECEIPT FOR THE COLLECTION OF FINES SHALL BE CONDUCTED IN ACCORDANCE WITH THE SYSTEM OF CONTROL OF TAX STAMPS OF THE MINISTRY OF FINANCE.
- THE DECISION IMPOSING ADMINISTRATIVE PENALTIES IN THE FIELD OF TRAFFIC ORDER AND SAFETY ON ROADS AND CITY TRAFFIC ORDER AND SAFETY IS REGULATED BY THE MINISTRY OF PUBLIC ADMINISTRATION AND APPLIED UNIFORMLY ACROSS THE COUNTRY (ATTACHED MODEL).
4 - ALL FUNDS COLLECTED FROM FINES IMPOSED ON VIOLATIONS IN THE FIELD OF TRAFFIC ORDER AND SAFETY ON ROADS AND CITY TRAFFIC ORDER AND SAFETY MUST BE CONCENTRATED INTO THE CENTRAL STATE BUDGET THROUGH THE NATIONAL TREASURY SYSTEM TO BE USED FOR TRAFFIC ORDER AND SAFETY ON ROADS AND CITY TRAFFIC ORDER AND SAFETY ACCORDING TO THE APPROVED ANNUAL FINANCIAL PLAN.
5 - LOCAL PEOPLE'S COMMITTEES SHALL DIRECT AND CREATE CONDITIONS FOR THE NATIONAL TREASURY TO ESTABLISH SUITABLE COLLECTION POINTS TO ENSURE THAT THE COLLECTION OF FINES IS QUICK AND CONVENIENT.
II - SPECIFIC PROVISIONS.
1 - PERSONS AUTHORIZED TO IMPOSE PENALTIES FOR VIOLATIONS OF ADMINISTRATIVE ORDERS IN THE FIELD OF TRAFFIC ORDER AND SAFETY ON ROADS AND CITY TRAFFIC ORDER AND SAFETY MUST ISSUE A DECISION IMPOSING THE PENALTY AS THE BASIS FOR THE COLLECTION OF FINES INTO THE CENTRAL STATE BUDGET. THERE ARE TWO TYPES OF DECISION FORMS: FORM NUMBER 1 IS USED TO IMPOSE FINES UP TO 20,000 DONG; FORM NUMBER 2 IS USED WHEN A VIOLATION REPORT MUST BE COMPILED. WHEN ISSUING A DECISION IMPOSING THE PENALTY, THE AUTHORIZED PERSON MUST PREPARE THREE COPIES (ONE COPY GIVEN TO THE PERSON BEING PUNISHED, ONE COPY GIVEN TO THE NATIONAL TREASURY OFFICE BY THE PERSON BEING PUNISHED, AND ONE COPY RETAINED BY THE AUTHORIZED PERSON'S OFFICE). FOR DECISIONS IMPOSING FINES OF 2 MILLION DONG OR MORE, AN ADDITIONAL COPY MUST BE SENT TO THE SAME LEVEL PEOPLE'S PROSECUTOR.
2 - IN KEY AREAS WITH MANY VIOLATIONS, THE NATIONAL TREASURY SHALL ESTABLISH COLLECTION POINTS AT IMPORTANT TRAFFIC INTERSECTIONS OR COMBINE THEM WITH TAX COLLECTION LOCATIONS OR KBNN BOND SALES LOCATIONS TO COLLECT FINES WITHIN THE PROVINCE OR CITY LIMITS (EACH DISTRICT, CITY, OR TOWN IN A PROVINCE SHALL HAVE 3 TO 5 COLLECTION POINTS, EACH COUNTY SHALL HAVE 1 TO 3 COLLECTION POINTS). NATIONAL TREASURY OFFICES AT ALL LEVELS SHALL COOPERATE WITH AUTHORITIES TO ESTABLISH SUITABLE COLLECTION POINTS AND ANNOUNCE THESE POINTS TO THE AUTHORITIES TO GUIDE VIOLATORS TO PAY THEIR FINES AT THE DESIGNATED LOCATION.
3 - TO ENSURE THE EXECUTION OF THE DECISION IMPOSING THE PENALTY, THE PERSON BEING PUNISHED MUST LEAVE THE TRAFFIC VEHICLE OR ONE OF THE DOCUMENTS RELATED TO THE VEHICLE OR DRIVER (OWNERSHIP REGISTRATION CERTIFICATE, VEHICLE LICENSE PLATE, DRIVER LICENSE); FOR CASES WHERE THE PENALTY IS NOT RELATED TO THE VEHICLE, THE PERSON BEING PUNISHED MUST LEAVE THEIR IDENTITY CARD OR EQUIVALENT PROPERTY UNTIL THEY HAVE PAID THE FULL AMOUNT OF THE FINE AT THE DESIGNATED LOCATION.
4 - THE PERSON BEING PUNISHED HAS THE RESPONSIBILITY TO PAY THE FINE AT THE NATIONAL TREASURY COLLECTION POINT AS SPECIFIED IN THE DECISION IMPOSING THE PENALTY WITHIN A MAXIMUM PERIOD OF 5 DAYS FROM THE DATE OF RECEIVING THE DECISION. WHEN PAYING THE FINE, THE PERSON BEING PUNISHED SHALL REQUEST THE NATIONAL TREASURY TO ISSUE THE SECOND AND THIRD COPIES OF THE RECEIPT FOR THE COLLECTION OF THE FINE (THE THIRD COPY IS SUBMITTED TO THE DECISION MAKING AUTHORITY TO SERVE AS EVIDENCE FOR THE RETURN OF DOCUMENTS OR PROPERTY).
5 - THE NATIONAL TREASURY MUST ISSUE A RECEIPT FOR THE COLLECTION OF THE FINE TO THE VIOLATOR AS EVIDENCE THAT THE FINE HAS BEEN FULLY PAID ACCORDING TO THE AMOUNT STATED IN THE DECISION IMPOSING THE PENALTY. THE RECEIPT FOR THE COLLECTION OF THE FINE INCLUDES FOUR COPIES: ONE FOR AUDIT, ONE RETAINED BY THE AUTHORITY ISSUING THE DECISION, ONE HELD BY THE PERSON BEING PUNISHED, AND ONE RETAINED AT THE RECEIPT BOOK. THE PERSON RESPONSIBLE FOR COLLECTING THE FINE MUST REGISTER THE RECEIPT NUMBER IN ACCORDANCE WITH THE COMMON REQUIREMENTS FOR FINANCIAL RECEIPTS OF THE MINISTRY OF FINANCE. QUARTERLY AND ANNUALLY, THE NATIONAL TREASURY SHALL REPORT AND SETTLE THE USE OF THE RECEIPT FOR THE COLLECTION OF THE FINE WITH THE TAX AUTHORITY THAT ISSUED IT.
6 - EVERY 10 DAYS (ON THE 1ST, 10TH, AND 20TH OF EACH MONTH), THE NATIONAL TREASURY AND THE AUTHORITY ISSUING THE DECISION IMPOSING THE PENALTY SHALL SUMMARIZE AND VERIFY THE TOTAL AMOUNT OF COLLECTED FINES AND THE AMOUNT OF UNPAID FINES TO TAKE MEASURES TO URGE PAYMENT OR ENFORCEMENT.
7 - AT THE END OF THE DAY, THE PERSON COLLECTING THE FINE SHALL PREPARE A LIST OF THE RECEIPTS FOR THE COLLECTION OF THE FINE AND ISSUE A PAYMENT RECEIPT TO THE NATIONAL TREASURY. FUNDS COLLECTED FROM VIOLATIONS OF ADMINISTRATIVE ORDERS IN THE FIELD OF TRAFFIC ORDER AND SAFETY ON ROADS AND CITY TRAFFIC ORDER AND SAFETY SHALL BE DEPOSITED INTO THE NATIONAL TREASURY UNDER CHAPTER 99 - TYPE 14 - SECTION 01 - CATEGORY 9 - ITEM 45 < COLLECTION OF TRAFFIC ORDER AND SAFETY AND CITY TRAFFIC ORDER AND SAFETY VIOLATION FINES > OF THE NATIONAL BUDGET CLASSIFICATION.
8 - The entire revenue from administrative penalties for violations in the field of road traffic safety and urban order shall be monitored separately and used to supplement funds for ensuring road traffic safety and urban order.
9 - Annually, based on actual conditions, the Ministry of Home Affairs, the Ministry of Transport, and localities shall prepare budget estimates for serving the work of ensuring road traffic safety and urban order and submit them to the Ministry of Finance for the basis of preparing the state budget estimate. Based on the revenue from administrative penalties for violations in the field of road traffic safety and urban order, and based on the approved budget estimates for the work of ensuring road traffic safety and urban order, the Ministry of Finance will provide additional funding to the Ministry of Home Affairs, the Ministry of Transport, and localities to serve the work of ensuring road traffic safety and urban order.
III/ RESPONSIBILITIES OF STATE AGENCIES AND PERSONS WITH THE AUTHORITY TO IMPOSE PENALTIES IN HANDLING AND COLLECTING FINES.
RIGHT TO IMPOSE FINES IN THE PROCESS OF HANDLING AND COLLECTING PENALTY FEES.
1 - Persons with the authority to impose penalties when handling violations must base their decisions on specific penalty levels prescribed in the Government's Decree, while also having the responsibility to guide violators to pay fines at the designated location. For decisions on penalties where the violator has not paid the fine, persons with the authority to impose penalties have the responsibility to issue enforcement decisions and organize enforcement according to the regulations stipulated in the Ordinance on Handling Administrative Violations.
2 - The Central Treasury has the responsibility to guide business operations and accounting for fine collection in accordance with the above regulations. Provincial and centrally-administered city treasuries have the responsibility to organize fine collection desks to promptly collect fines for the State and ensure that all collected fine revenues are regularly updated and monitored according to the State's financial management system.
3 - Provincial and municipal finance departments have the responsibility to coordinate with tax agencies and treasury offices to inspect and supervise the collection and use of fines in accordance with regulations.
4 - Strictly prohibit any actions exploiting assigned tasks to collect fines without issuing penalty decisions, failing to record receipts, or forging fine collection receipts.
5 - All organizations and individuals violating regulations on imposing penalties and collecting fines shall bear responsibility for their actions before the law.
- Persons with the authority to impose administrative penalties in the field of road traffic safety and urban order who engage in harassment, tolerance, cover-up, failure to impose penalties, or imposing penalties untimely, incorrectly, or beyond authorized limits shall be subject to disciplinary action or criminal liability追究责任，具体处罚方式视违法行为程度而定，依照现行法律规定。
IV/ IMPLEMENTATION
1 - Request the Ministers of various Ministries, Heads of agencies equivalent to Ministries, and Heads of provincial and centrally-administered city People's Committees to widely disseminate and guide, inspect, and enforce the provisions of this Circular strictly.
2 - This Circular takes effect from August 1, 1995.
|
MINISTRY OF FINANCE GENERAL DEPARTMENT OF TAXATION .................................. Collection Unit:... Code Number:... |
SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
MODEL CTT 45 AM /95 Volume number:... No.:... |
FINE COLLECTION RECEIPT
(Copy ...)
Payer's Full Name:...
Address:…
Reason for Payment:...
According to the penalty decision number:...on...day...month...year 199...
Penalty Authority:...Amount:...
(Written in words):...
Date...month...year 199...
Fine Collector (Code Number)
(Sign and write full name)
Note: Copy 1: For audit
Copy 2: Given to the payer
Copy 3: Retained by the penalty authority
Copy 4: Kept at the stub of the receipt
MODEL NUMBER: 01/XPHC
|
.................................... .................................... Number: /QĐ |
SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness |
...day month year 199
DECISION ON ADMINISTRATIVE PENALTY
(Payment on the spot up to 20,000 dong)
- Based on the Ordinance on Handling Administrative Violations dated July 6, 1995, and the Government's Decree No. /CP dated /7/1995 regarding administrative penalties and disciplinary measures in the field of road traffic safety and urban traffic safety.
- I:...Position:...
Mr./Mrs.…(4)…Ethnicity (Nationality)…
Pursuant to …;
- Fine...000 dong... (Written in words)
- Against Mr./Mrs. (or organization):...
Address:…
- Committed the following violation:...
...Provisions at
Article...Clause...Point...Decree No.../CP dated.../7/1995.
- Location where violation was discovered:...
- Mr./Mrs. (or organization) is responsible for paying the fine at the State Treasury Office in...
- Items and assets retained by the authority with the power to impose penalties:...
- Within five days, if Mr./Mrs. (or organization) does not voluntarily comply with the penalty decision, enforcement will be carried out compulsorily./.
DECISION MAKER
(Sign and write full name)
MODEL NUMBER: 02/XPHC
|
...................................... ..................................... Number: /QĐ |
SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness |
...day month year 199
DECISION ON ADMINISTRATIVE PENALTY
- Based on the Ordinance on Handling Administrative Violations dated July 6, 1995, and the Government's Decree No. /CP dated /7/1995 regarding administrative penalties and disciplinary measures in the field of road traffic safety and urban traffic safety.
- Based on the administrative violation record established on...day...month...year 199
- Considering the content, nature, and administrative violation behavior.
- I:...Position:...
Mr./Mrs.…(4)…Ethnicity (Nationality)…
Pursuant to …;
Article 1: - Imposing penalties against Mr./Mrs. (or organization):...
+ Address:...
+ Occupation:...
+ Has committed the following violation:...
...As stipulated in Article...Clause...
Point...Decree No.../CP dated.../7/1995.
+ Form of administrative penalty:...
....................................................................................................
+ Additional form of penalty:...
....................................................................................................
+ Measures for handling evidence and means:...
....................................................................................................
+ Measures to remedy consequences (if any):...
....................................................................................................
Article 2: - Mr./Ms. (or organization) shall be responsible for going to the State Treasury Office at ... to pay the fine and strictly comply with the forms of punishment and other measures stipulated in Article 1 of this Decision. Within five days from the date of receipt of the Administrative Penalty Decision, if Mr./Ms. (or organization) does not voluntarily comply with this administrative penalty decision, coercive enforcement will be applied. Mr./Ms. (or organization) has the right to lodge a complaint at... within ten days from the date of receipt of the administrative penalty decision.
Article 3: - This Decision takes effect from the day ... month ... year 199
DECISION MAKER
(Sign and write full name)
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