Joint Circular No. 56/TTLB-TC-NV guiding the collection and use of fines for administrative violations in the field of road traffic safety and urban traffic order and safety.

CIRCULAR

JOINT MINISTRY OF FINANCE-PUBLIC ADMINISTRATION

Guidelines for the collection and utilization of fines for administrative violations in the field of road traffic safety and urban traffic order.

Pursuant to Directive No. 317/TTg dated May 26, 1995 of the Government Chairman on strengthening work related to road traffic order and urban traffic safety.

Pursuant to Article 8 of Decree No. 36/CP dated May 29, 1995 of the Government on ensuring road traffic order and urban traffic safety.

Pursuant to the Government's Decree on administrative penalties and disciplinary measures in the field of road traffic order and urban traffic safety.

After reaching consensus with the Ministry of Transport and relevant ministries and sectors, the Ministry of Finance and the Ministry of Home Affairs issue guidelines for the collection and utilization of fines for administrative violations in the field of road traffic order and urban traffic safety (hereinafter referred to as road traffic order and urban traffic safety) as follows:

I - GENERAL PROVISIONS.

1. As of August 1, 1995, persons authorized to impose administrative penalties in the field of road traffic order and urban traffic safety shall not directly collect fines.

2. Individuals and organizations, both domestic and foreign, who commit administrative violations in the field of road traffic order and urban traffic safety within the territory of the Socialist Republic of Vietnam must pay the fine (in Vietnamese dong) at the location specified in the penalty decision.

3. The receipt for collecting fines shall be uniformly issued by the Ministry of Finance (General Department of Taxation) (attached model). Management and use of the receipt for collecting fines shall be carried out according to the stamp management system of the Ministry of Finance.

The decision on administrative penalties in the field of road traffic order and urban traffic safety shall be uniformly applied throughout the country as prescribed by the Ministry of Home Affairs (attached model).

4. All revenues from fines for violations in the field of road traffic order and urban traffic safety must be centralized into the Central State Budget through the National Treasury System for use in ensuring road traffic order and urban traffic safety according to the approved annual financial plan.

5. People's Committees at all levels shall direct and create conditions for the National Treasury to organize appropriate collection points to facilitate the prompt and convenient payment of fines.

II. SPECIFIC PROVISIONS.

1. Persons authorized to impose penalties for administrative violations in the field of road traffic order and urban traffic safety must issue a penalty decision as the basis for collecting fines into the Central State Budget. There are two types of penalty decision models: Model 1 is used for fines up to 20,000 VND; Model 2 is used when a violation report must be prepared. When issuing a penalty decision, the authorized person must prepare three copies (one copy given to the person being penalized, one copy handed over to the Treasury Office by the person being penalized, and one copy retained by the authority issuing the penalty decision). For fines of 2 million VND or more, an additional copy of the penalty decision must be sent to the People's Procuracy at the same level.

2. In key areas with many violations, the National Treasury shall organize collection points at important traffic junctions or combine them with tax collection and National Treasury bond sales locations to implement the collection of fines within the province or city area (each district, town, and provincial city should arrange 3 to 5 collection points, each county should have 1 to 3 collection points). National Treasury offices at various levels shall coordinate with the competent authorities to organize suitable collection points and announce the collection points to the competent authorities for guidance to ensure that violators pay fines at the designated locations.

3. To ensure compliance with the penalty decision, the person being penalized must leave their means of transportation or one of the documents related to the vehicle and driver (vehicle ownership registration certificate, vehicle operation permit, driver's license); for cases where the penalty does not involve a vehicle, the person being penalized must leave their identification or equivalent property until the fine has been fully paid at the designated location.

4. The person being penalized is responsible for paying the fine at the National Treasury collection point within a maximum period of five days from the date of receiving the penalty decision. When paying the fine, the person being penalized must request the Treasury Office to issue the second and third copies of the fine receipt (the third copy is submitted to the penalty decision-making authority as evidence for reclaiming documents or property).

5. When collecting fines, the Treasury Office must issue a fine receipt to the violator as proof of full payment according to the amount stated in the penalty decision. The fine receipt includes four copies: one for verification, one retained by the authority issuing the penalty, one kept by the person being penalized, and one retained in the receipt stub. Personnel assigned to collect fines must register the receipt number according to the general regulations of the Ministry of Finance for revenue receipts. Quarterly and annually, the National Treasury reports the settlement of fine receipts to the tax authority that issued the receipts.

6. Every ten days (on the 1st, 10th, and 20th of each month), the National Treasury and the authority issuing the penalty decision shall consolidate and reconcile the total amount of collected fines, the amount of imposed fines, and the amount of fines decided but not yet paid, to take measures to urge payment or enforce collection.

7. At the end of each day, the fine collector prepares a list of fine receipts and issues a payment voucher to the National Treasury. Revenues from administrative violations in the field of road traffic order and urban traffic safety shall be deposited into the Central State Budget under Chapter 99 - Type 14 - Clause 01 - Category 9 - Item 45 of the State Budget Classification.

8. The entire revenue from administrative penalties for violations in the field of road traffic safety and urban traffic order shall be monitored separately and used to supplement funds for ensuring road traffic safety and urban traffic order.

9. Annually, based on actual conditions, the Ministry of Public Security, the Ministry of Transport, and localities shall prepare budget estimates for serving the work of ensuring road traffic safety and urban traffic order and submit them to the Ministry of Finance for the preparation of the state budget estimate. Based on the revenue from administrative penalties for violations in the field of road traffic safety and urban traffic order, and based on the approved budget estimates for the work of ensuring road traffic safety and urban traffic order, the Ministry of Finance will provide additional funding to the Ministry of Public Security, the Ministry of Transport, and localities to serve the work of ensuring road traffic safety and urban traffic order.

III. RESPONSIBILITIES OF STATE ADMINISTRATIVE AUTHORITIES AND PERSONS WITH PENALTY AUTHORITY IN THE HANDLING AND COLLECTION OF FINES.

1. Persons with penalty authority when handling violations must base their decisions on specific penalty levels prescribed in the Government Decree and decide the correct penalty level, while 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 penalty authority have the responsibility to issue enforcement orders and organize enforcement according to the provisions of the Administrative Violation Handling Ordinance.

2. The Central Treasury shall be responsible for guiding business procedures and accounting for fine collections in accordance with the above regulations. Provincial and centrally-administered city treasuries shall be responsible for organizing 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. Departments of Finance of provinces and centrally-administered cities shall be responsible for coordinating with Tax Authorities and Treasury Agencies to inspect and supervise the collection and use of fines in accordance with the 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 penalties and fine collection shall bear legal responsibility for their actions.

Persons with penalty authority in the field of road traffic safety and urban traffic order who engage in harassment, tolerance, cover-up, non-enforcement, delayed enforcement, incorrect enforcement, or enforcement beyond their authorized powers shall be subject to disciplinary action or criminal prosecution according to current laws depending on the severity of the violation.

IV. IMPLEMENTATION

1. The Ministers of Ministries, Heads of agencies equivalent to ministries, and Chairmen of People's Committees of centrally-administered provinces and cities are requested to widely disseminate this Circular to the public and guide, inspect, and enforce its provisions strictly.

2. This Circular takes effect from August 1, 1995.

FINE COLLECTION RECEIPT

(Joint...)

Payer's Full Name:...

Address:…

Reason for payment:...

According to the penalty decision number:...on...day...month...year 199...

Penalty authority:...Amount:...

(In words):...

Date...month...year 199...

Fine collector (Code number)

(Sign and write full name)

Note: Joint 1: Control copy

Joint 2: Given to the payer

Joint 3: Retained by the penalty authority

Copy 4: Kept at the stub of the receipt

Model number: 01/XPHC

...day month year 199

DECISION ON ADMINISTRATIVE PENALTY

(Pay on the spot up to 20,000 dong)

Based on the Administrative Violation Handling Ordinance dated July 6, 1995, and the Government Decree number /CP dated July /1995 regarding administrative penalties and disciplinary measures in the field of road traffic safety and urban traffic order.

I:...Position:...

Mr./Mrs.…(4)…Ethnicity (Nationality)…

Pursuant to …;

Fine...000 dong...(In words)

Against Mr./Mrs. (or organization):...

Address:…

Has committed the violation:...

...As stipulated in

Article...Clause...Point...Government Decree number.../CP dated.../7/1995.

Location where the violation was discovered:...

Mr./Mrs. (or organization) is responsible for paying the fine at the State Treasury Office in...

Any documents or property retained by the authority with penalty authority

imposing the fine:...

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

DECISION MAKER

(Sign and write full name)

Model number: 02/XPHC

...day month year 199

DECISION ON ADMINISTRATIVE PENALTY

Based on the Administrative Violation Handling Ordinance dated July 6, 1995, and the Government Decree number /CP dated July /1995 regarding administrative penalties and disciplinary measures in the field of road traffic safety and urban traffic order.

Based on the administrative violation record established on...day...month...year 199

Considering the nature, content, and behavior of the administrative violation.

I:...Position:...

Mr./Mrs.…(4)…Ethnicity (Nationality)…

Pursuant to …;

Article 1: Imposing penalties on Mr./Mrs. (or organization):...

+ Address:...

+ Occupation:...

+ Has committed the violation:...

...As stipulated in Article...Clause...

Point...Government Decree number.../CP dated.../7/1995.

+ Administrative penalty form:...

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

+ Additional penalty form:...

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

+ 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. If Mr./Ms. (or organization) does not voluntarily comply with this administrative penalty decision within five days from the date of issuance, 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 day ... month ... year 199

DECISION MAKER

(Sign and write full name)