Joint Circular No. 73/TTg guiding additional measures for the collection of fines for administrative violations in the field of road traffic safety and urban traffic safety.

JOINT MINISTERIAL GUIDELINE

Supplemental guidance on the collection and use of fines for administrative violations related to traffic order and safety on roads and in urban areas
trong lĩnh vực trật tự an toàn giao thông đường bộ và trật tự an toàn giao thông đô thị
thị

Based on the directive of the Prime Minister stated in Circular No. 5395/LC dated September 26, 1995 of the Government Office, to effectively implement Decree No. 36/CP dated May 29, 1995 of the Government on ensuring traffic order and safety on roads and in urban areas, the Ministry of Finance and the Ministry of Home Affairs provide supplementary guidance on modifying and supplementing certain provisions regarding the collection and use of fines for administrative violations in this field as follows:

1. Amend the content of Point 4 - Part I of Joint Circular No. 56-TTLB/TC/NV dated July 17, 1995 as follows:

All fines collected from violations of traffic order and safety on roads and in urban areas by central and local forces must be centralized into the State Budget through the National Treasury system to supplement funds for ensuring traffic order and safety on roads and in urban areas. Specifically:

- 30% will be centralized into the Central Budget to supplement funds (centralized spending at the Central level) for central ministries and sectors such as the Ministry of Home Affairs, the Ministry of Transport, the Ministry of Finance (Vietnam National Treasury, General Department of Taxation).

- 70% will be allocated to the Local Budget to fund activities maintaining traffic order and safety in provinces and cities (including direct expenditures for central forces directly participating in ensuring traffic order and safety on roads and in urban areas, such as internal affairs agencies, transport agencies, National Treasury...).

2. The revenue from fines for administrative violations in the field of traffic order and safety on roads and in urban areas shall be used to supplement funding for maintaining and ensuring traffic order and safety on roads and in urban areas. Specifically as follows:

a) For the portion of funds centralized at the Central level:

- Expenditure for purchasing necessary equipment to directly support the maintenance of traffic order and the collection of fines.

- Supplementary expenditure for constructing and renovating inspection stations, places for temporarily holding vehicles that have violated regulations, and fine collection stations at important traffic points (if any).

- Supplementary expenditure for printing decisions, penalty records, fine receipts, and other related documents, and for promotional activities and printing educational materials.

- Other expenditures directly related to the implementation of Decree No. 36-CP...

b) For the portion of funds retained by localities:

- Supplementing funds for rearranging markets on sidewalks to their designated locations.

- Supplementing funds for building traffic signal systems (traffic lights, signs, directional signs...).

- Adding and repairing lane separation barriers on necessary main roads, repainting lane markings for motor vehicles, pedestrian paths, sidewalks, and parking spaces.

- Supporting funds for dismantling unauthorized stalls, constructions on sidewalks and roads (excluding compulsory enforcement costs borne by violators according to the Administrative Sanctions Ordinance).

- Costs related to the storage and temporary detention of vehicles that have violated regulations... (including renting warehouses if necessary).

- Providing allowances to forces directly involved in maintaining traffic order and safety on roads and in urban areas within the province or city according to plans by the Ministry of Home Affairs, the Ministry of Transport, the Ministry of Finance, and the People's Committee of the province or city (including police, transport, National Treasury forces directly involved in the province or city, mobilized youth and neighborhood watch forces for traffic order and safety).

- Funding for activities promoting and disseminating information about enhancing traffic order and safety.

- Other expenditures directly related to the implementation of traffic order and safety measures...

c) Allowances for forces participating in maintaining traffic order and safety on roads and in urban areas shall be implemented according to current regulations on night work and overtime pay (according to Circular No. 10-LDTBXH/TL dated April 19, 1995 of the Ministry of Labor, Invalids and Social Affairs), travel expenses (according to Circular No. 9-TC/HCVX dated February 17, 1994 of the Ministry of Finance), etc., but not exceeding 200,000 VND per person per month.

Other expenditures shall be implemented according to approved budgets, ensuring compliance with current general financial management regulations.

3. Based on the contents stipulated in Point 2 above, relevant ministries, sectors, and units assigned tasks in provinces and cities shall prepare budget estimates and submit them to the Ministry of Finance and the Provincial Finance Departments for review and allocation of supplementary funds to the units.

4. Provincial Finance and Price Control Departments shall base their reviews, allocations, and disbursements of funds to units on the amount of fines collected and the tasks assigned to units in provinces and cities. When reviewing and disbursing supplementary funds from fines for traffic order and safety violations, it must be ensured that there is no duplication with the annual budget plan, and that funds are spent appropriately and efficiently to promote traffic order and safety on roads and in urban areas.

5. Funds for ensuring traffic order and safety on roads and in urban areas shall be managed according to current State Budget management regulations. At year-end, provincial finance departments shall settle accounts for these funds according to the prescribed budget settlement procedures, including a detailed explanation of the fine revenue and supplementary funding for traffic order and safety activities in the province or city. Ministries and the National Treasury shall settle accounts for these funds together with the annual State Budget settlement.

6. Amend Point 3 - Part II of Joint Circular No. 56-TT/LB as follows:

To ensure the enforcement of the penalty decision, the authorized authority to impose penalties has the right to temporarily detain the vehicle circulation permit, driver's license, other related necessary documents, or contraband and vehicles until the individual or organization that violated the law fully implements the penalty decision. The temporary detention of the aforementioned documents must be recorded in the minutes or penalty decision. In cases where vehicles or contraband are detained, separate minutes must be established.

7. Supplement the provisions regarding the location for paying fines:

The authorized authority to impose penalties is responsible for guiding the person subject to penalties to pay at the most convenient locations for paying fines. In certain special cases, if the person subject to penalties cannot pay at the fine collection points within the province or city, they may request to pay at any fine collection point of the State Treasury (or authorized by the State Treasury) nationwide, but it must comply with regulations within a maximum period not exceeding five days. The Central State Treasury is responsible for monitoring, inspecting, and organizing guidance on collecting fines.

8. Supplement the provisions regarding the collection of fines as follows:

The State Treasury agency collects fines according to the decision of the authorized authority to impose penalties. In cases of complaints that are resolved by the competent authority to impose penalties, based on the complaint resolution decision, the State Treasury agency will collect additional amounts (if the complaint resolution decision changes the fine amount to a higher level than the previous penalty decision); cooperate with the Finance Department to refund the difference (if the complaint resolution decision changes the fine amount to a lower level or revokes the previous penalty decision).

9. The State Treasury may delegate the collection of fines to certain units such as post offices, tax authorities, banks, but must ensure the principle of timely depositing collected fines into the State Treasury. The receipt for collecting fines shall be uniformly implemented as stipulated in Circular Joint No. 56-TTLB/TC/NV dated July 17, 1995. The fee for delegated collection is deducted from the total fine revenue and included in the budget of the provincial or municipal State Treasury approved by the Department of Finance.

10. This Circular takes effect from the date of signature, except for the management and use of fines prescribed in Points 1, 2, 3, 4, and 5 of this Circular which apply from August 1, 1995. Any provisions in Circular No. 56-TTLB/TC/NV dated July 17, 1995 of the Ministry of Finance - Civil Service that are no longer consistent with this Circular are abolished.