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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom - Happiness
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No.
124/2005/ND-CP
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Hanoi,
October 06th, 2005
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DECREE
PROVIDING
FOR FIRE RECEIPTS AND MANAGEMENT AND USE OF FINES FOR ADMINISTRATIVE VIOLATIONS
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative
Violations;
At the proposal of the Minister of Public Finance,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1: Scope and
subjects of application
1. This Decree provides for fine
receipts and management and use of fine receipts; the collection, remittance,
management and use of fines for administrative violations.
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Article 2: Fine receipts
1. Receipt of fines for
administrative violations are documents printed, issued, managed and used
nationwide to certify the sums paid on the spot by administratively sanctioned
organizations or individuals to persons competent to decide on sanctioning
administrative violations or remitted to the State Treasury.
2. The Finance Ministry shall
provide for the contents and forms of receipts of fines for administrative
violations; have to print, issue, and guide the management and use of, receipts
of fines for administrative violations.
3. The illegal printing, issue
or circulation of receipt of fines for administrative violations is strictly
prohibited.
Article 3: Principles of
managing fines for administrative violations
1. Fine amount collected for
administrative violations must be remitted into the state budget via State
Treasury accounts, and managed and used strictly according to the provisions of
this Decree and current provisions of law on the state budget.
2. Administratively sanctioned
individuals or organizations must fully remit the fine amounts indicated in the
decisions on sanctioning administrative violations..
3. Organizations and individuals
are prohibited to arbitrarily keep fine amounts collected for administrative
violations for use as rewards.
Chapter II
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Article 4: Types of fine
receipt
There are two types of fine
receipt as follows:
1. Fine receipts preprinted with
a face value of between VND 5,000 and VND 100,000, which are used for fines of
up to VND 100,000 collected on the spot for administrative violations.
The Finance Ministry shall
specify face values to be preprinted on fine receipts mentioned in this Clause
2. Fine receipts not preprinted
with a face value, which are used for fines of over VND 100,000 collected from
administratively sanctioned individuals or organizations, or sanctioned
individuals or organizations that do not pay fines on the spot, and in other
cases.
Article 5: Issuance of
fine receipts
1. The Finance Ministry shall
have to supply fine receipts to persons competent to decide on sanctioning
administrative violations and collect fines on the spot, and agencies and
organizations collecting fines for administration violations according to the
provisions of law.
a. The issuing agencies must not
notify in writing the issuance of forms of receipts of fines for administrative
violations before such forms are used for the first time.
Article 6: Use of
receipts
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a. Possessing competent
authorities decisions an sanctioning administrative violations;
b. Filling in receipts of fines
for administrative violations according to regulations;
c. The sums written in fine
receipts must be consistent with the sums written in decisions on sanctioning
administrative violations
2. Individuals and organizations
paying fines for administrative violations may refuse to pay fines if detecting
that the fine receipts of fine collection documents do not comply with set
forms, or written at variance with the sanctioning decisions, and report
thereon to the fine collectors-managing agencies fir timely handling.
Article 7: Management of
receipts of fines for administrative violations
1. The management of receipts of
fines for administrative violations shall comply with current regulations
applicable to each type of receipt.
2. Agencies and organizations
supplies with receipts for the collection of fines for administrative
violations, and the State Treasury shall have the responsibilities:
a. To open books for monitoring
the receipt, delivery, preservation and archive of receipts of fines for
administrative violations according to the current accounting regime.
b. To make monthly and quarterly
reports on the use of receipts of fines for administrative violations; and make
annual settlement of receipts of fines for administrative violations according
to regulations.
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Chapter III
MANAGEMENT AND USE OF FINES FOR ADMINISTRATIVE
VIOLATIONS
Article 8: Bases for
collection and remittance of fines for administrative violations
1. The collection of fines for
administrative violations must be based on sanctioning decisions made by
persons with sanctioning competence defined in the 2002 Ordinance on Handling
of Administrative Violations and the Governments decrees detailing the
sanctioning of admistrative violation in each field.
2. Individuals and organizations
collecting fines on the spot for acts of administrative violation, when
remitting fines to the State Treasury, must ensure the correct fine amounts
written in the fine receipts and sanctioning decisions issue by competent
authorities.
Article 9:
Responsibilities to collect and remit fines
1. The State Treasury shall have
to collect fines for administrative violations, ensuring convenience for fine
payers.
2. For cases of on-the-spot
sanctioning under regulations, persons with sanctioning competence may collect
fines on the spot and shall have to make lists thereof and remit all the
collected amounts to the State Treasury according to the provisions of Article
10 of this Decree.
3. If violating individuals or
organizations cannot pay fines on the spot, they must pay fines to the State
Treasury according to regulations. Persons with sanctioning competence shall
have to hand over sanctioning decisions to sanctioned individuals or
organizations, and at the same time, send such decisions to fine-collecting
state treasuries within tree working days after their issuance.
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Article 10: Time limit
for fine payment
1. where fines are between VND
5,000 and VND 100,000 or where violations are sanctioned outside working hours,
persons with sanctioning competence may collect fines on the spot according to
the provisions of the 2002 Ordinance on Handling of Administrative Violations.
The collected amounts must be remitted to the State Treasury within two working
days after the fines are collected; where sanctioned individuals or
organizations do not pay fines on the spot, the provisions of Clause 4 of this
Article shall apply.
2. Where administrative
violations are sanctioned in remote or isolated areas or in areas where travel
is difficult, persons with sanctioning competence may collect fines on the spot
and have to remit the collected sums into the state Treasury within 07 days
after collecting the fines; where sanctioned persons cannot pay fines on the
spot, the provisions of clause 4 of this Article shall apply.
3. Where administrative
violations are sanctioned on rivers or on the sea, persons with sanctioning
competence may collect fines on the spot and have to remit them to the State
Treasury within two working days after they reach land. In case of not paying
fines on the spot, sanctioned individuals or organizations must remit the fines
to the State Treasury within two working days after they reach land.
4. In case of not paying fines
on the spot (except for the case specified in Clause 3 of this article),
sanctioned individuals or organizations must fully remit the fines written in
the sanctioning decisions to the State Treasury within 10 days after receiving
the sanctioning decisions.
Article 11: Management
and use of fines on administrative violations
1. All fine amounts collected
for administrative violations must be remitted into the state budget via State
Treasury accounts.
2. The use of fine on
administrative violations already remitted into the state budget as funding
supports for agencies or organizations handling administrative violations must
strictly comply with the provisions of law on the state budget.
Article 12: Handling of
violations
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2. Individual or organizations
that arbitrarily keep fine amounts collected for administrative violations and
spend them for improper purposes shall have to pay compensation therefore and
be disciplined or examined for penal liability.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 13: This Decree
takes effect 15 days after its publication in CONG BAO. To annual the Prime
Ministers Decision No. 180-TTg of December 22,1992, on setting up funds for
combating unlawful business acts , and Decision No.299-TTg of June 4, 1994,
amending Article 5 of Decision No.180-TTg.
Article 14: The Finance
Ministry shall guide the implementation of this Decree.
Article 15: Ministers,
heads of ministerial-level agencies, heads of Government-attached agencies, and
presidents of provincial/municipal Peoples Committees shall have to implement
this Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
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Phan
Van Khai