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MINISTRY OF FINANCE - MINISTRY OF
INDUSTRY AND TRADE
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 160/2012/TTLT-BTC-BCT
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Hanoi, October 01, 2012
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JOINT CIRCULAR
PROVIDING FOR THE
COLLECTION, PAYMENT, MANAGEMENT AND USE OF FINES FROM SANCTION FOR LAW
VIOLATIONS IN THE ELECTRICITY SECTOR
Pursuant to the Decree No.60/2003/ND-CP of
June 06, 2003 of the Government detailing and guiding the implementation of the
State Budget Law;
Pursuant to the Decree No.124/2005/ND-CP
dated October 06, 2005 of the Government on receipts of fines and management,
use of fines from administrative violations;
Pursuant to the Decree No.68/2010/ND-CP of
June 15, 2010 of the Government on sanction of violations of the law in the
electricity sector;
Pursuant to the Decree No.118/2008/ND-CP of
November 27, 2008 of the Government defining the functions, tasks, powers and
organizational structure of the Ministry of Finance;
Pursuant to the Decree No.189/2007/ND-CP of
December 27, 2007 of the Government defining the functions, tasks, powers and
organizational structure of the Ministry of Industry and Trade; the Decree
No.44/2011/ND- CP dated June 14, 2011 of the Government amending and
supplementing Article 3 of the Decree No.189/2007/ND-CP of December 27, 2007 of
the Government defining the functions, tasks, powers and organizational
structure of the Ministry of Industry and Trade;
The Minister of Finance, Minister of Industry
and Trade issue the Joint Circular providing for the collection and payment of
fines, management and use of fines from sanction for law violations in the
electricity sector.
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1. This Circular provides for the collection and
payment of fines, management and use of fines from sanction for law violations
in the electricity sector under the provisions of the Decree No.68/2010/ND-CP
of June 15 in 2010 of the Government on sanctioning violations of the law in
the electricity sector (hereinafter referred to as the Decree
No.68/2010/ND-CP).
2. This Circular applies to individuals and
organizations related to the collection and payment of fines from violations of
law in the sector of electricity and the management and use of fines from
sanction for law violations for the inspection and sanction of violations of
law in the sector of electricity.
3. For the violations of law with exhibits,
violation means which are confiscated, the financial support for the agencies
sanctioning violations of law shall comply with the current regulations on the
handling of exhibits and violation means which are confiscated.
Article 2. The collection and payment of
fines; the management and use of fines from sanction for law violations the
sector of electricity
1. The collection and payment of fines;
management, use of receipts of fines from violations of law in the
sector of electricity shall comply with the provisions of the Decree
No.124/2005/ND-CP dated October 06, 2005 of the Government regulating the fine
receipts and management, use of fines for administrative violations and the
Circular No.47/2006/TT-BTC dated May 31, 2006 of the Ministry of Finance
guiding the implementation of the Decree No.124/2005/ND-CP providing for
receipts of fines and management, use of fines for administrative violations.
2. Fines from sanctions for law violation in the
sector of electricity are used up to 70% to complement and support the
inspection and sanction of violations of law of the agencies or units that are
competent to fine. The remainder must be remitted into the state budget at all
levels as prescribed.
Article 3. Contents and levels of expenditure
in the inspection, sanction of violations of law in the sector of electricity
1. Principles of expenditure:
a) The contents and levels of expenditure in the
inspection and sanction of violations of law in the sector of electricity shall
comply with regime, standards and norms for the current financial expenditures.
This Circular guides the implementation of some contents of expenditures,
expenditure level directly related to the inspection, sanction for violations
of the law in the electricity sector;
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2. Contents of expenditure:
2.1. Expenditures for the activities directly
serving the inspection, sanction for violations of the law:
a) Expenditures for inspection, testing
equipment, supplies for construction of electrical works, exhibits, violation
means; expenditures for warehousing and storage; for preservation of exhibits
and means temporarily seized; for gasoline for testing means, arrest, escort,
protection of objects; for repairing testing means damaged while conducting
inspection, arrest of violators;
b) Expenditure for purchasing information (if
any): the expenditure level for purchasing information of each case shall not
exceed 10% of the fine.
The payment for the expenses of purchasing
information must be provided for full documents as prescribed. In case of
required to keep secret for the name of the informant, the payment for the
expenses of purchasing information is based on the spending bill with full
signature of person directly paying for the informant, cashier, accountant and
head of the agency directly sanctioning. The heads of the agencies directly
sanctioning law violation in the electricity sector are responsible for the
accuracy and truthfulness in the payment for the expenses to purchase
information, ensuring the expenditures for the right people in the right work;
c) Expenditure for taking photographs,
recording, making video clip for the violations to serve the inspection and
sanction of law violations;
d) Expenditure for consulting expert: the level
of expenditure must not exceed 1,000,000 VND/report;
đ) Expenditure for travel, stay, accommodation
of officials involved in inspection and handling of violations;
e) Expenditure for support for the individuals
to be injured; died, got accident while participating in inspection and
sanction of violations of law in the sector of electricity;
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h) Expenditure for the preliminary summing-up
and summing-up of the inspection, and sanction of violations of the law;
i) Expenditure for rewards for the collectives,
individuals with achievements in the inspection and sanction of violations of
the law in the electricity sector in accordance with the provisions of law on
emulation and commendation;
k) Other expenses directly related to the
inspection and sanction of violations of law in the sector of electricity.
2.2. Expenditures for allowances for the force
participating in the inspection, and sanction of violations of the law
a) Expenditure for allowances to those who
directly involved in the inspection and sanction of violations with a level not
more than 1,000,000 VND/person/month (including inspector specialized in electricity,
electricity inspector and those who are assigned by the competent authority to
directly participate in this work);
b) Expenditure for allowances for the
participants to coordinate in process of inspection and sanction of violations
at the request of the competent authority. The specific subjects and the levels
of expenditure shall be decided by the head of the agency that is competent to
sanction;
c) Expenditure for allowances for overtime in
accordance with the law provisions.
3. In case of violations of the law in the
sector of electricity that the minutes of violation of the law are made by
electricity inspectors and forwarded to persons who are competent to sanction
for sanctioning, the agencies, units that are competent to sanction are responsible
for transferring 50% of the amount to be deducted at the rate specified in
Clause 2, Article 2 of this Circular for the units directly managing the
electricity inspectors to cover the contents specified in Clause 2 of this
Article.
4. The specific level of expenditure for the
contents of expenditure in Clause 2 of this Article shall comply with the
regulations of the state, for the contents of expenditure that the levels of
expenditure are not provided, heads of the agencies that are competent to
sanction may decide and take responsibility for their decisions.
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1. For the amount of money collected from the
fine made by electricity specialized inspectors of the Ministry of Industry and
Trade, the Chief Inspector of the Ministry of Industry and Trade, Director of
the Electricity Regulatory Authority of Vietnam, Director of Industrial Safety
Techniques and Environment Agency (hereinafter referred to as the sanctioning
competent person at the central level):
a) The agency or unit of the sanctioning
competent person at the central level based on the amount of fine paid in the
accounts of temporary collection, seizure of the financial institution opened
at the State Treasury send written request to the Department of Finance of
province and city directly under the Central Government to extract and transfer
70% of the fine from sanction of violations of law into account of the Ministry
of Industry and Trade opened at the State Treasury;
b) On the basis of the request for payment of
agency or unit of the sanctioning competent person at the central level, the
Department of Finance of province and city directly under the Central
Government extracts and transfers 70% of the fine from sanction of violations
of law into account of the Ministry of Industry and Trade opened at the State
Treasury, the remainder shall be paid to the local budget as prescribed;
c) The agency or unit of the sanctioning
competent person at the central level based on the fine collected from the
previous year and the collection of fine from sanctioning violations of the law
in year order to make use plan according to regulations (including the
summing-up of plan to use of the unit organizing the inspection teams in the
case electricity inspector made records of violations of the law and forwarded
to the sanctioning competent persons to conduct sanction under their
jurisdiction) to send to the financial agency of the Ministry of Industry and
Trade for appraisal, synthesis to submit to the competent authorities for
deciding the use under the provisions of this Circular and the provisions of
the law on the state budget.
Based on the use plan which has been approved by
the competent authority and the related records, documents, financial
institution of the Ministry of Industry and Trade shall make the written
authorization for expenditure to send to the State Treasury where the account
is opened to pay for the expenses incurred under the provisions of Article 3 of
this Circular to the agency, unit of the sanctioning competent person at the
central level. Agency and unit of the sanctioning competent person at the
central level is responsible for the use of funds from fines for the right
purpose, the right regime of spending under the approved plan;
d) The fines from sanctioning violations of law
are used for the inspection and sanction of violations of the law of agency or
unit of the sanctioning competent person at the central level in the year that
are unused up shall be forwarded to the following year to continue using as
prescribed.
2. For the fines decided the sanction by local
forces (including central forces based in localities for stable operation in
the area):
a) Before the 15th of the first month of each
quarter, agency, unit of the sanctioning competent person at the local level
based on the fines from sanctions actually remitted to the state budget through
the State Treasury and costs actually incurred in the process of inspection,
sanction for law violations of the previous quarter to make use plan according
to regulations (including the summing-up of plan to use of the unit organizing
the inspection teams in the case electricity inspector made records of
violations of the law and forwarded to the sanctioning competent persons to
conduct sanction under their jurisdiction) to send to the financial agency of
the same level to pay for the costs in accordance with provisions of this
Circular and the provisions of the law on the state budget;
b) Based on the fines from sanctioning law
violation of each unit actually remitted into the State Treasury; on the basis
of written request for payment and relevant documents of agencies, units of the
sanctioning competent persons for local violations of law, the financial
institutions are responsible for controlling documentation to ensure in
accordance with the provisions for payment to the units at the rate specified
in Clause 2 Article 2 of this Circular. The payment for funds is made no later
than 20 days from the date of receipt of the written requests, in case of
non-payment, financial institutions must send written notices stating clearly
the reasons to the agencies, units sent written requests.
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1. The agencies, units of the sanctioning
competent persons for the violations of law in the sector of electricity paid
for costs of inspection, sanction of the violations of law from the collection
of fines must open books to monitor, manage funds supported according to the
provisions of this Circular and are made publicly at the agencies and units.
2. The settlement of expenses supported the
collection of fines for the violations of law in the electricity sector of the
agencies, units presiding over the sanction shall comply with the provisions of
the Law on State Budget, Accounting Law and guiding documents.
3. The units organizing the inspection teams and
making records of violations of the law funded from the fines as specified in
Clause 3, Article 3 of this Circular shall submit documents and settle the
amount supported with the agencies, units presiding over the sanction.
Article 6. Organization of the implementation
1. The agencies, units of the sanctioning
competent persons for the violations of law in the sector of electricity are
responsible for the management and use of funds deducted from the fines for
violations of the law in accordance with provisions in this Circular and other
relevant provisions of law.
2. The State Treasury that is responsible for
organizing the collection of money must timely and create favorable conditions for
the payers of fines for violations of the law; monitor and account the revenues
from sanctions for violations of law in accordance with the current regulations
on the state budget revenue collection and the provisions of this Circular.
3. The local financial agencies are responsible
for monitoring the collection, remittance, management and use of the fines from
sanctioning violations of law in the electricity sector in accordance with the
provisions of this Circular.
Article 7. Effect
1. This Circular takes effect from November 15,
2012.
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FOR THE MINISTER OF INDUSTRY AND TRADE
DEPUTY MINISTER
Le Duong Quang
FOR THE MINISTER OF FINANCE
DEPUTY MINISTER
Truong Chi Trung