JOINT CIRCULAR No. 77/TTLB-TC-NV guiding the collection and use of fines for administrative violations related to traffic safety and order on roads and urban areas

CIRCULAR

JOINT MINISTRY OF FINANCE-PUBLIC ADMINISTRATION

GUIDELINES FOR THE COLLECTION AND USE OF PENALTY FEES FOR VIOLATIONS OF TRAFFIC ORDER AND SAFETY LAWS ON ROADS AND IN URBAN AREAS

BASED ON THE DIRECTIVES 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 REGARDING THE ENSURING OF TRAFFIC ORDER AND SAFETY ON ROADS AND IN URBAN AREAS, THE JOINT MINISTRY OF FINANCE-PUBLIC ADMINISTRATION ISSUES GUIDELINES TO AMEND AND SUPPLEMENT CERTAIN PROVISIONS ON THE COLLECTION AND USE OF PENALTY FEES FOR VIOLATIONS IN THIS FIELD AS FOLLOWS:

1. AMEND THE CONTENT OF POINT 4 - PART I OF JOINT MINISTRY CIRCULAR NO. 56/TTLB-TC-NV DATED JULY 17, 1995 AS FOLLOWS:

ALL FUNDS COLLECTED FROM PENALTIES FOR VIOLATIONS OF TRAFFIC ORDER AND SAFETY ON ROADS AND IN URBAN AREAS BY CENTRAL AND LOCAL AUTHORITIES MUST BE CONCENTRATED INTO THE STATE BUDGET THROUGH THE NATIONAL TREASURY SYSTEM TO COMPLEMENT FUNDS FOR TRAFFIC ORDER AND SAFETY WORK ON ROADS AND IN URBAN AREAS. SPECIFICALLY:

30% WILL BE CONCENTRATED INTO THE CENTRAL BUDGET TO COMPLEMENT EXPENSES (CENTRALIZED EXPENSES) FOR MINISTRIES AND SECTORS SUCH AS THE MINISTRY OF PUBLIC ADMINISTRATION, THE MINISTRY OF TRANSPORTATION, THE MINISTRY OF FINANCE (VIETNAM NATIONAL TREASURY, GENERAL DEPARTMENT OF TAXATION).

70% WILL BE ALLOCATED TO THE LOCAL BUDGET TO COVER EXPENSES FOR MAINTAINING TRAFFIC ORDER AND SAFETY AND URBAN ORDER AT THE PROVINCE AND CITY LEVEL (INCLUDING DIRECT EXPENSES FOR CENTRAL FORCES DIRECTLY INVOLVED IN TRAFFIC ORDER AND SAFETY WORK ON ROADS AND IN URBAN AREAS, SUCH AS PUBLIC ADMINISTRATION AGENCIES, TRANSPORTATION AGENCIES, NATIONAL TREASURY...).

2. FUNDS COLLECTED FROM PENALTIES FOR VIOLATIONS OF TRAFFIC ORDER AND SAFETY ON ROADS AND IN URBAN AREAS SHALL BE USED TO COMPLEMENT EXPENSES FOR MAINTAINING AND ENSURING TRAFFIC ORDER AND SAFETY ON ROADS AND IN URBAN AREAS. SPECIFICALLY:

a. FOR CENTRAL FUNDS:

EXPENSES FOR PURCHASING NECESSARY EQUIPMENT TO SUPPORT TRAFFIC ORDER AND SAFETY WORK AND PENALTY COLLECTION.

EXPENSES FOR PRINTING DECISIONS, RECORDS OF PENALTIES, RECEIPTS FOR PENALTY PAYMENTS, AND OTHER RELATED DOCUMENTS, AS WELL AS EXPENSES FOR PUBLICITY AND PRINTING MATERIALS.

OTHER EXPENSES DIRECTLY RELATED TO THE IMPLEMENTATION OF GOVERNMENT DECREE 36/CP...

b. FOR FUNDS RETAINED BY LOCAL AUTHORITIES:

COMPLEMENTARY EXPENSES FOR REORGANIZING MARKETS ON STREET EDGES TO THEIR DESIGNATED LOCATIONS.

COMPLEMENTARY EXPENSES FOR BUILDING TRAFFIC SIGNAL SYSTEMS (TRAFFIC LIGHTS, SIGNS, DIRECTIONS...).

INSTALLING AND REPAIRING ROAD DIVIDING RAILINGS WHERE NECESSARY, AND REPAINTING ROAD LINES FOR MOTOR VEHICLES, PEDESTRIANS, SIDEWALKS, AND PARKING SPACES.

SUPPORTING EXPENSES FOR REMOVING ILLEGAL STANDS, STRUCTURES ON STREET EDGES AND ROADS (EXCLUDING ENFORCEMENT COSTS THAT VIOLATORS MUST PAY UNDER THE ADMINISTRATIVE SANCTION CODE).

EXPENSES RELATED TO THE STORAGE AND TEMPORARY DETENTION OF VIOLATING VEHICLES... (INCLUDING LEASE COSTS FOR STORAGE FACILITIES IF ANY).

EXPENSES FOR BONUSES FOR FORCES DIRECTLY INVOLVED IN MAINTAINING TRAFFIC ORDER AND SAFETY ON ROADS AND IN URBAN AREAS ACCORDING TO PLANS OF THE MINISTRY OF PUBLIC ADMINISTRATION, THE MINISTRY OF TRANSPORTATION, THE MINISTRY OF FINANCE, AND THE PROVINCE/CITY PEOPLE'S COMMITTEE (INCLUDING POLICE, TRANSPORTATION, NATIONAL TREASURY FORCES DIRECTLY INVOLVED IN THE PROVINCE/CITY, YOUTH AND COMMUNITY ORGANIZATIONS MOBILIZED FOR TRAFFIC ORDER AND SAFETY).

EXPENSES FOR PUBLICITY AND PROMOTION OF TRAFFIC ORDER AND SAFETY.

OTHER EXPENSES DIRECTLY RELATED TO THE IMPLEMENTATION OF TRAFFIC ORDER AND SAFETY WORK ON ROADS AND IN URBAN AREAS...

c. BONUS EXPENSES FOR FORCES INVOLVED IN MAINTAINING TRAFFIC ORDER AND SAFETY ON ROADS AND IN URBAN AREAS SHALL BE IMPLEMENTED ACCORDING TO CURRENT REGULATIONS ON NIGHT WORK AND OVERTIME (ACCORDING TO LABOR SOCIAL WELFARE MINISTRY CIRCULAR NO. 10/LDTBXH-TL DATED APRIL 19, 1995), TRAVEL EXPENSES (ACCORDING TO MINISTRY OF FINANCE CIRCULAR NO. 09/TC-HCVX DATED FEBRUARY 17, 1994), ETC., BUT NOT MORE THAN 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, MINISTRIES AND UNITS RESPONSIBLE FOR TASKS IN PROVINCES AND CITIES SHALL PREPARE BUDGET ESTIMATES AND SUBMIT THEM TO THE MINISTRY OF FINANCE FOR REVIEW AND APPROVAL BY THE PROVINCE/CITY DEPARTMENT OF FINANCE.

4. THE PROVINCE/CITY DEPARTMENT OF FINANCE AND PRICE CONTROL SHALL BASED ON THE PENALTY REVENUE COLLECTED AND THE TASKS ASSIGNED TO UNITS IN THE PROVINCE/CITY TO REVIEW, ALLOCATE, AND ISSUE FUNDS FROM THE PENALTY REVENUE FOR VIOLATIONS OF TRAFFIC ORDER AND SAFETY LAWS ON ROADS AND IN URBAN AREAS. WHEN REVIEWING AND ISSUING ADDITIONAL FUNDS FROM PENALTY REVENUE, THEY MUST ENSURE THAT THERE IS NO DUPLICATE SPENDING WITH ANNUAL BUDGET PLANS, AND THAT FUNDS ARE SPENT ACCORDING TO PURPOSE AND WITH EFFECTIVENESS TO PROMOTE TRAFFIC ORDER AND SAFETY ON ROADS AND IN URBAN AREAS.

5. FUNDS FOR TRAFFIC ORDER AND SAFETY WORK ON ROADS AND IN URBAN AREAS SHALL BE MANAGED ACCORDING TO CURRENT STATE BUDGET MANAGEMENT REGULATIONS. AT THE END OF THE YEAR, PROVINCE/CITY DEPARTMENTS OF FINANCE SHALL COMPLETE THE FINAL ACCOUNTING OF THESE FUNDS ACCORDING TO THE STATE BUDGET FINAL ACCOUNTING REGULATIONS, INCLUDING A SEPARATE EXPLANATION OF THE PENALTY REVENUE AND COMPLEMENTARY EXPENSES FOR TRAFFIC ORDER AND SAFETY WORK IN THE PROVINCE/CITY. MINISTRIES AND THE NATIONAL TREASURY SHALL COMPLETE THE FINAL ACCOUNTING OF THESE FUNDS TOGETHER WITH THE ANNUAL STATE BUDGET FINAL ACCOUNTING.

6. AMEND THE CONTENT OF POINT 3 - PART II OF JOINT MINISTRY CIRCULAR NO. 56/TT-LB AS FOLLOWS:

TO ENSURE THE IMPLEMENTATION OF PENALTY DECISIONS, AUTHORIZED PERSONS HAVE THE RIGHT TO TEMPORARILY WITHHOLD LICENSES, DRIVING LICENSES, AND OTHER NECESSARY DOCUMENTS OR VIOLATING ITEMS UNTIL THE VIOLATOR HAS BEEN ENTERED INTO THE PENALTY RECORD OR DECISION. IN CASES OF TEMPORARY WITHHOLDING OF VIOLATING ITEMS, A SEPARATE RECORD MUST BE MADE.

7. ADD PROVISIONS ON THE LOCATION OF PENALTY FEE COLLECTION:

The authority responsible for imposing fines shall be responsible for guiding the person subject to the fine to pay at the most convenient collection points. In certain special cases, if the person subject to the fine cannot pay at the collection points within the province or city, they may request to pay at any collection point of the State Treasury (or authorized by the State Treasury) throughout the country, but must ensure compliance with 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 fines. In cases 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 decision); cooperate with financial agencies to refund the difference (if the decision resolves the complaint by reducing the fine amount or revoking the original 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 that the collected fines are promptly deposited 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 delegated collection shall be 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 issuance, 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./.