THE
MINISTRY OF FINANCE - THE GOVERNMENT PRICING COMMITTEE
-----
|
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
-------
|
No:
16/2001/TTLT/BTC-BVGCP
|
Hanoi, March 21, 2001
|
JOINT CIRCULAR
GUIDING THE
COLLECTION, MANAGEMENT AND USE OF FINES FOR ADMINISTRATIVE VIOLATIONS IN THE
PRICING FIELD
Pursuant to the Government’s Decree No.
44/2000/ND-CP of September 1, 2000 on the sanctioning of administrative
violations in the pricing field;
The Ministry of Finance and the Government Pricing Committee hereby jointly
guide the collection, management and use of fines for administrative violations
in the field of pricing as follows:
I. GENERAL PROVISIONS
1. Scope of application:
This Circular applies to all amounts collected
from the imposition of sanctioning forms specified in Clauses 1, 2, 3 and 4,
Article 8 of the Government’s Decree No. 44/2000/ND-CP of September 1, 2000 on
the sanctioning of administrative violations in the pricing field (hereinafter
called Decree No. 44/2000/ND-CP for short) by individuals and bodies competent
to sanction administrative violations in the pricing fields, which they have
detected and handled.
2. Amounts collected from the sanctioning of
administrative violations in the pricing field comprise:
2.1 Fines paid by organizations and individuals
that have committed administrative violations in the pricing field under
sanctioning decisions or complaint-settling decisions (if any) of competent
bodies according to Decree No. 44/2000/ND-CP and the Government Pricing
Committee’s Circular No. 04/2000/TT-BVGCP of November 15, 2000 guiding the
implementation of the said Decree;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2.3 Retrospectively collected amounts which
should have been paid according to regulations for the price policy
implementation but had been evaded.
2.4 Recovered price difference amounts due to
the price fixing in contravention of the State’s regulations.
II. SPECIFIC PROVISIONS ON THE MANAGEMENT AND
USE OF AMOUNTS COLLECTED FROM THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN
THE PRICING FIELD
1. Concentration of amounts collected from the
sanctioning of administrative violations in the pricing field
1.1 All amounts collected from the sanctioning
of administrative violations in the pricing field shall be remitted into the
temporary deposit accounts opened at the State Treasuries by the provincial and
district finance offices in the localities where such violations are committed.
The State Treasuries shall have to collect them and organize the collection of
fines according to decisions of bodies and individuals with the sanctioning
competence.
1.2 Bases for collection of fines and
application of sanctioning forms specified in Article 8 of Decree No.
44/2000/ND-CP include sanctioning decisions or complaint-settling decisions (if
any) of competent individuals and bodies prescribed in Decree No.
44/2000/ND-CP. Bodies and individuals competent to issue sanctioning decisions
are strictly forbidden to directly collect fines.
Sanctioning decisions shall be made according to
the common form set by the Government Pricing Committee, in which the
decision-issuing date, the full name and address of the violating individual or
organization, the fine amount… must be clearly stated.
Organizations and individuals that are
sanctioned for administrative violations, have their price subsidies, goods
transport freight subsidies and monetary supports for the price policy
implementation recovered, are forced to compensate whole amounts lost due to
their administrative violations or ordered to pay the outstanding amounts
payable for the price policy implementation according to regulations, shall
have to pay such amounts at the places stated in the sanctioning decisions.
1.3 The regime of management of fine receipts
shall comply with current regulations.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2.1 The Finance and Pricing Services of the
provinces and centrally-run cities shall open temporary deposit accounts at the
provincial State Treasuries for concentrated collection of amounts from the
sanctioning of administrative violations in the pricing field in those cases of
violation falling under the handling competence of the presidents of the
provincial-level People’s Committees.
- The district-level finance offices (of
districts, provincial towns) shall open temporary deposit accounts at the
district State Treasuries for concentrated collection of amounts from the
sanctioning of administrative violations in the pricing field in those cases
sanctioned under decisions of the presidents of the People’s Committees of
urban and rural districts, provincial capitals and towns and cases decided and
dealt with by the presidents of the People’s Committees of communes, wards and
townships.
- For the amounts remitted in the temporary
deposit accounts, the State Treasuries shall open books for monitoring each
type of amounts specified at Point 2 of Section I for management and use
according to the provisions in this Circular.
2.2 For cases detected and handled by
specialized inspectors according to their competence prescribed in Article 17
of Decree No. 44/2000/ND-CP, the amounts collected from the sanctioning of
administrative violations in the pricing field shall be remitted into the
temporary deposit accounts opened at the State Treasuries of the places where
such cases occur.
3. Distribution and use of amounts in the
temporary deposit accounts
3.1 For recovered price subsidies, goods
transport freight subsidies and monetary supports for the price policy
implementation due to false declarations and over-declaration in dossiers and
vouchers; recovered price subsidies, goods transport freight subsidies and
monetary supports which have been used for wrong purposes as specified at Item
2.2, Point 2, Section I of this Circular, they shall be repaid to the State
budget on the principle that they shall be repaid to the budget of a level that
has paid them. The budget repayment shall comply with current regulations on
budget repayment.
3.2 For the retrospectively collected amounts
which should have been paid for the price policy implementation according to
regulations but had been evaded, as specified at Item 2.3, Point 2, Section I
of this Circular, they shall be paid into the State budget according to current
regulations on such amounts.
3.3 For amounts being the price differences
confiscated due to wrong implementation of price regulations as specified at Item
2.4, Point 2, Section I of this Circular, if there is a decision of the
sanctioning body agreeing on repaying them to the victims, they shall be repaid
to the victims. The amounts repaid to the victims must not exceed the price
differences confiscated in each case and actually remitted into the temporary
deposit accounts. Where they are not repaid to the victims, they shall be paid
into the provincial-level budgets under decisions of the competent authorities.
3.4 For the whole amount of fines for administrative
violations in the pricing field as specified at Item 2.1, Point 2, Section I of
this Circular, which has been collected and paid into the State budget, it
shall be left to the localities as support for the inspection in the pricing
field.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Basing themselves on the decisions of the
presidents of the competent People’s Committees, the finance offices of the
same level shall effect the transfer of money from the temporary deposit
accounts to the accounts of the recipient units, and supervise the management
and use thereof under the guidance in the Finance Ministry’s Circular No.
52/TC/CSTC of September 12, 1996 guiding the collection and use of fines on
administrative violations and Circular No. 63/TC/CSTC of September 11, 1997
additionally guiding some points of the Finance Ministry’s Circular No.
52/TC/CSTC of September 12, 1996.
4. Accounting, book-keeping and settlement
Units involved in sanctioning administrative
violations in the pricing field shall have to open accounting books to monitor
amounts collected and paid from the sanctioning of administrative violations
under the guidance of this Circular; monitor the receipt, use and settlement of
the funding from the source of fines for administrative violations in the pricing
field; make financial reports and settlement reports according to the
provisions of the State Budget Law and current regulations on the financial
management and accounting.
The State Treasuries of all levels shall
practice cost-accounting of the amount collected, remitted and repaid from the
sanctioning of administrative violations in the pricing field according to the
State Budget Content and current financial and accounting regimes.
III. ORGANIZATION OF IMPLEMENTATION
This Circular takes effect 15 days after is
signing. All cases of administrative violation already detected but not yet
handled till the effective date of this Circular shall be settled according to
the provisions of this Circular.
Any problems arising in the course of
implementation should be promptly reported by the branches and levels to the
Ministry of Finance and the Government Pricing Committee for study and
additional guidance.
FOR THE MINISTER OF FINANCE
VICE MINISTER
Tran Van Ta
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.