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THE MINISTRY OF FINANCE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
60/2000/TT-BTC
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Hanoi, June 20, 2000
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CIRCULAR
GUIDING THE PROCEDURES FOR COLLECTION,
PAYMENT, MANAGEMENT AND USE OF FINES FROM SANCTIONING ADMINISTRATIVE VIOLATIONS
IN THE MARITIME FIELD
Pursuant to the State Budget Law of March 20,
1996; Law No. 06/1998/QH10 of May 20, 1998 amending and supplementing a number
of articles of the State Budget Law;
Pursuant to the Government’s
Decree No. 87/CP of December 19, 1996 and Decree No. 51/1998/ND-CP of July 18,
1998 on assignment of responsibilities for State budget management, drafting,
implementation and settlement;
Pursuant to the Government’s
Decree No. 92/1999/ND-CP of September 4, 1999 on sanctions against
administrative violations in the maritime field;
After reaching agreement with the Ministry of Communications and Transport, the
Ministry of Finance hereby guides the procedures for collection, payment,
management and use of fines from sanctioning administrative violations in the
maritime field as follows:
I.
GENERAL PROVISIONS
1. All proceeds from the sanctions against
administrative violations in the maritime field must be remitted into the State
budget through the State Treasury system. 100% of the revenues from sanctioning
the administrative violations in the maritime field shall be left to local
budgets for management and use according to the provisions in this Circular.
2. Domestic and foreign individuals and/or
organizations that commit acts of administrative violation in the maritime
field on the territory of the Socialist Republic of Vietnam and are fined shall
have to pay fines into the State Treasury as inscribed in the sanctioning
decisions. Foreign individuals and/or organizations may pay fines in foreign
currencies at the exchange rate announced by the Finance Ministry at the time
of fine payment. The time-limit for fine payment shall be 5 working days from
the date the sanctioning decision is issued.
3. Fine receipts shall be issued by the Finance
Ministry (the General Department of Tax) and managed and used according to
current regulations.
II.
SPECIFIC PROVISIONS
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1. Persons competent to sanction acts of
administrative violation in the maritime field shall have to issue the
sanctioning decision.
A sanctioning decision must be made in 03
(three) copies: 1 copy shall be given to the sanctioned person; 1 copy to the
State Treasury where the fines shall be paid and 1 copy shall be kept at the agency
of the person competent to issue the sanctioning decision.
For fines of VN dong 2,000,000 or more, an
additional copy of the sanctioning decision must be made and sent to the People�s Procuracy of the province and centrally-run city
where the agency of the person competent to issue the sanctioning decision is
headquartered.
2. Organization of fine collection
2.1. For cases where fines are paid directly
into the State Treasury:
- The State Treasury shall have to collect fines
and organize the collection of fines on administrative violations in the
maritime field.
- The sanctioning decisions of the competent
persons defined in the Government’s
Decree No. 92/1999/ND-CP of September 4, 1999 shall serve as basis for fine
collection.
- The State Treasury shall, when collecting
fines, have to provide the violating organizations and individuals with fine
receipts proving that fines have been fully collected according to the level
inscribed in the sanctioning decisions.
2.2. Where fine-payers have no conditions to
directly pay fines into the State Treasury, the State Treasury may authorize
the sanctioning agencies to collect the fines. The fine collection
authorization must be made in form of a contract signed directly between the
authorizing State Treasury unit and the authorized unit according to the
provisions in Circular No. 63 TC/CSTC of September 11, 1999 of the Finance
Ministry.
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The agency authorized to collect fines shall
have to receive, use, preserve and make final settlement of fine receipts in
strict accordance with the State Treasury’s
regulations.
3. Monthly, the agencies of the persons
issuing the sanctioning decisions and the State Treasury shall compare the
already sanctioned fine amount in the sanctioning decisions with the fine
amount actually collected by the State Treasury, and report thereon to the
provincial/municipal Finance-Pricing Services.
B. MANAGEMENT AND USE OF MONEY COLLECTED FROM
SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE MARITIME FIELD
1. All proceeds from sanctions against
administrative violations in the maritime field shall be remitted into the
State budget according to Chapter 070, Series 09, Clause 03, Item 051, Sub-item
14 of the current State Budget Contents, and 100% thereof shall be left to
local budgets.
2. The collected fine amount shall be
distributed and used as follows:
2.1. 30% shall be deducted for the local
budgets.
2.2. 5% shall be deducted for the State Treasury
to perform the fine collection (including charges for the persons who collect
fines under the authorization of the State Treasury as prescribed).
2.3. 65% shall be deducted for Maritime Port
Authority to use for the following purposes:
- Expenses for organization of delegations for
inspection of maritime activities.
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- Expenses for transport and preservation of
exhibits seized or kept pending the handling.
- Expenses for law propagation and dissemination
in maritime activities.
- Expenses for professional study and fostering,
specialized training of inspectors directly involved in the work of maritime
safety.
- Expenses for printing of documents in service
of sanctioning administrative violations in the maritime field.
- Expenses for extra-time work allowance;
rewards for collectives and/or individuals with achievements in the work of
mobilization, propagation, education, detection and handling of administrative
violations in the maritime field.
3. Management of fine budget funding
3.1. Monthly, basing itself on the collected
fine amount, the provincial/municipal Finance-Pricing Service shall promptly
distribute and allocate funding for the units according to the rate prescribed
in this Circular.
3.2. Procedures for funding estimation,
allocation and settlement shall comply with current regulations on State budget
management.
3.3. The funding-using units shall have to
manage and use this funding source according to current financial management
regime.
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1. This Circular takes effect 15 days after its
signing for promulgation.
2. The State Treasury shall have to organize the
fine collection in time and create favorable conditions for fine-payers;
monitor and conduct the accounting of fine revenues and expenditures in
accordance with the State’s
financial management regime.
3. The Finance-Pricing Services of the provinces
and centrally-run cities shall have to manage and allocate budget funding
formulated from fines on administrative violations in the maritime field for
the units according to this Circular’s
regulations.
In the course of implementation, if any problems
arise, the units and localities are requested to promptly report them to the
Finance Ministry for settlement.
FOR THE MINISTER OF FINANCE
VICE MINISTER
Vu Van Ninh