JOINT CIRCULAR No. 77-TTLB/TC-NV guides the collection and use of fines for violations of administrative regulations in the field of road traffic safety and urban traffic safety.

CIRCULAR

JOINT MINISTRY OF FINANCE-PUBLIC ADMINISTRATION DECREE NO. 77/TTLB/TC-NV

DATE OF OCTOBER 30, 1995 GUIDING THE COLLECTION AND USE OF PENALTY FEES FOR VIOLATIONS OF ADMINISTRATIVE REGULATIONS IN THE FIELD OF ROAD TRAFFIC ORDER AND SAFETY AND URBAN TRAFFIC ORDER AND SAFETY

THE USE OF FINES RECEIVED FOR VIOLATIONS OF ADMINISTRATIVE DISCIPLINE IN THE FIELD OF TRAFFIC ORDER AND SAFETY ON LAND AND TRAFFIC ORDER AND SAFETY IN URBAN AREAS

IN THE FIELD OF TRAFFIC ORDER AND SAFETY

ROADWAYS AND URBAN TRAFFIC ORDER AND SAFETY

WHEREAS, pursuant to the directive of the Prime Minister as stated in Government Office Circular No. 5395/LC dated September 26, 1995, to effectively implement Government Decree No. 36/CP dated May 29, 1995 on ensuring road traffic order and safety and urban traffic order and safety, the Ministry of Finance and the Ministry of Public Administration hereby guide the amendment and supplementation of certain provisions regarding the collection and use of penalty fees for violations of administrative regulations in this field as follows:

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

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

- 30% will be centralized into the Central Budget to supplement funding (centralized spending at the Central level) for central ministries and sectors such as the Ministry of Public Administration, 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 road traffic order and safety and urban traffic order and safety within the province or city (including direct expenditures for central forces directly participating in the work of ensuring road traffic order and safety and urban traffic order and safety in the locality, such as public administration agencies, transport agencies, National Treasury...).

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

a/ For the portion of funding centralized at the Central level:

- Expenditure for purchasing necessary equipment to directly serve the work of maintaining traffic order and safety and collecting fines.

- Supplemental expenditure for printing decisions, penalty records, fine receipts, and other related documents, expenditure for propaganda and printing materials...

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

b/ For the portion of funding retained at the local level:

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

- Supplementing funding for constructing traffic signal systems (traffic lights, signboards, directional signs...).

- Adding and repairing traffic lane separators on necessary main roads, repainting lanes for motor vehicles, pedestrians, sidewalks, and parking areas.

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

- Expenses related to the storage and temporary detention of vehicles involved in violations (including rental fees for warehouses if applicable).

- Providing allowances for forces directly involved in maintaining road traffic order and safety and urban traffic order and safety in the province or city according to plans by the Ministry of Public Administration, the Ministry of Transport, the Ministry of Finance, and the People's Committee of the province or city (including police, transport, and National Treasury forces directly involved in the locality, youth forces, neighborhood associations mobilized for traffic order and safety).

- Funding for propaganda and dissemination activities to enhance traffic order and safety.

- Other expenses directly related to the implementation of work to ensure road traffic order and safety and urban traffic order and safety...

c/ Allowances for forces participating in maintaining road traffic order and safety and urban traffic order and safety shall be implemented according to current regulations on night shifts and overtime pay (according to Labor, Invalids, and Social Affairs Ministry Circular No. 10/LDTBXH-TL dated April 19, 1995), travel expenses (according to Finance Ministry Circular No. 09/TC-HCVX dated February 17, 1994), 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 provisions set out in Point 2 above, relevant ministries, sectors, and units assigned tasks in the province or city shall prepare budget estimates for submission to the Ministry of Finance and the Provincial Finance Department for review and allocation of supplementary funding to the units.

4/ The Provincial Finance and Price Control Department shall base its review, allocation, and issuance of supplementary funding from penalty revenues on the number of penalties collected and the tasks assigned to units in the province or city. When reviewing and issuing supplementary funding from penalty revenues for violations of traffic regulations, it must ensure that there is no duplication with the annual plan, ensuring that the funding is used for its intended purpose and is effective in promoting the maintenance of road traffic order and safety and urban traffic order and safety.

5/ Funding for the work of ensuring road traffic order and safety and urban traffic order and safety shall be managed according to current state budget management regulations. At year-end, provincial finance departments shall settle accounts for this source of funding according to the prescribed state budget settlement regulations, including a detailed explanation of the penalty revenue and supplementary funding for the work of ensuring traffic order and safety in the province or city. Ministries and the National Treasury shall settle accounts for this funding together with the annual state budget settlement.

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

To ensure the execution of penalty decisions, the authority imposing the penalty has the right to temporarily detain vehicle registration certificates, driver's licenses, other necessary documents, or contraband and vehicles involved in violations until the violator is recorded in the penalty record or decision. In cases of temporary detention of vehicles or contraband, a separate record must be made.

7/ Add provisions regarding the location for collecting penalty fees:

The authority responsible for imposing penalties shall guide the person subject to penalty to pay the fine at the most convenient collection points. In certain special cases where the person subject to penalty cannot pay the fine at the collection points within the province or city, such person may request to pay the fine at any collection point of the State Treasury (or authorized by the State Treasury) throughout the country, but must ensure compliance with the regulations within a maximum period of not more than five days. The Central State Treasury is responsible for monitoring, inspecting, and organizing guidance on the collection of fines.

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

The State Treasury agency collects fines according to the decision of the authority with the power to impose penalties. In case of complaints that are resolved by the competent authority, based on the decision resolving the complaint, the State Treasury agency will collect additional amounts (if the decision resolves the complaint by increasing the fine amount higher than the original penalty decision); cooperate with financial agencies to refund the difference (if the decision resolves the complaint by reducing the fine amount or revoking the original penalty decision).

9/ The State Treasury may delegate the collection of fines to certain units such as post offices, tax authorities, and banks, but must ensure the principle of timely depositing collected fines into the State Treasury. Receipts for collecting fines shall be uniformly implemented as stipulated in Circular No. 56-TTLB/TC-NV dated July 17, 1995. The fee for agency 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 issued jointly by the Ministry of Finance and the Ministry of Home Affairs that are no longer consistent with this Circular shall be abolished.