THE MINISTRY OF FINANCE - THE MINISTRY OF
TRANSPORT- THE MINISTRY OF PUBLIC SECURITY - THE MINISTRY OF JUSTICE - THE
STATE BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
100/2008/TTLT-BTC-BGTVT-BCA-BTP-NHNNVN
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Hanoi, November 6, 2008
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JOINT CIRCULAR
GUIDING
THE IMPLEMENTATION OF CLAUSE 2, ARTICLE 47 OF THE GOVERNMENT’S DECREE NO.
146/2007/ND-CP OF SEPTEMBER 14, 2007, ON SANCTIONING OF ADMINISTRATE VIOLATIONS
IN ROAD TRAFFIC
Pursuant
to the 2002 Ordinance on Handling of Administrative Violations and the 2008
Ordinance Amending and Supplementing a Number of Articles of the Ordinance on
Handling of Administrative Violations;
Pursuant to Decree No. 146/2007/ND-CP of September 14, 2007, on sanctioning of
administrative violations in road traffic;
The Ministry of Finance, the Ministry of Transport, the Ministry of Public
Security, the Ministry of Justice and the State Bank of Vietnam jointly guide
the collection and payment of fines for administrative violations in road
traffic by debiting violators’ accounts as prescribed in Clause 2, Article 47
of Decree No. 146/2007/ND-CP of September 14, 2007, on sanctioning of administrative
violations in road traffic as follows:
I. GENERAL PROVISIONS
1. Subjects and scope of
application
a. This Circular guides the order
of and procedures for fine payment by Vietnamese as well as foreign
organizations and individuals that commit administrative violations in road
traffic in the Vietnamese territory (below referred to as violators) by
debiting their accounts opened at banks, credit institutions, state treasuries
or other organizations licensed to provide payment services in Vietnam (below collectively
referred to as banks).
b. Fine payment by debiting
violators’ bank accounts means that violators request banks where they open
accounts to transfer fine amounts into a custody account opened by the finance
agency at the State Treasury as stated in the sanctioning decision. The debit
of fines from violators’ bank accounts shall be effected via payment orders.
c. Payment of fines in cash for
administrative violations in road traffic shall be made under the Government’s
Decree No. 124/2005/ND-CP of October 6, 2005, providing for fine receipts and
management and use of fines paid for administrative violations and the Finance
Ministry’s Circular No. 47/2006/TT-BTC of May 31, 2006, guiding the
implementation of a number of provisions of Decree No. 124/2005/ND-CP.
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a. The violator voluntarily pays a
fine by debiting his/her bank account instead of making cash payment.
b. The violator has opened a bank
account which is in normal operation and has enough money for paying the fine
under the sanctioning decision.
c. The violator is fined at VND
200,000 (two hundred thousand) or more.
3. Principles on fine collection
and payment
a. Fine payment by debiting a
violator’s account shall be made within 10 days after the violator is handed
over the sanctioning decision.
b. After receiving a valid payment
order endorsed by the violator, if there is enough money in the violator’s
account, the bank where the violator opens his/her account shall carry out
payment procedures to transfer the fine amount into the finance agency’s
custody account indicated in the sanctioning decision.
II. PROCEDURES FOR FINE COLLECTION AND PAYMENT
1. Sanctioning procedures
a. Upon detecting an
administrative violation, the person with sanctioning competence shall make a
written record of the violation under Article 55 and issue a sanctioning
decision under Article 56 of the Ordinance on Handling of Administrative
Violations.
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c. If the violator is subject to a
fine only, the person issuing the sanctioning decision may keep the vehicle
circulation permit, driving license or other related paper until the violator
pays the fine under the sanctioning decision. If the violator has none of the
above papers, the person issuing the sanctioning decision may temporarily seize
the violating exhibit or vehicle.
2. Procedures for fine payment
a. Based on the sanctioning
decision, the violator shall make a payment order to request the bank to
transfer the fine amount from his/her account into the fine account stated in
the sanctioning decision. The time of completion of fine payment is the time
when the violator’s request is accepted by the bank where he/she opens the account.
b. After paying the fine, the
violator shall keep the payment order as a proof of fine payment in order to
receive back his/her paper, exhibit or vehicle temporarily seized at the agency
of the person issuing the sanctioning decision.
After the violator produces a
document proving the transfer of the fine amount into the account indicated in
the sanctioning decision, the agency of the person issuing the sanctioning
decision shall return to the violator his/her paper or violating vehicle
temporarily seized as guarantee for compliance with the sanctioning decision,
unless exhibits or vehicles are confiscated or violators are subject to
revocation of driving licenses or termed suspension of vehicle circulation.
3. Fine accounting, finalization,
management and use
The accounting, finalization,
management and use of fines for administrative violations in road traffic paid
by debiting violators’ accounts comply with the guidance in the Finance
Ministry’s Circular No. 89/2007/TT-BTC of July 25, 2007, guiding the
collection, remittance, management and use of fines for administrative
violations in road, railway and inland waterway traffic.
4. Responsibilities of concerned
parties and organization of implementation
a. Violators shall:
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- Bear expenses related to the
transfer of fine amounts.
- Past the time limit for the
compliance with sanctioning decisions prescribed in Article 50 of Decree No.
146/2007/ND-CP of September 14, 2007, on sanctioning administrative violations
in road traffic, and Article 64 of the Ordinance on Handling of Administrative
Violations, if violators still fail to comply with sanctioning decisions,
measures shall be applied to enforce sanctioning decisions according to the
order and procedures specified in Article 66 of the Ordinance on Handling of
Administrative Violations and Decree No. 37/2005/ND-CP of March 18, 2005, on
the application of measures to enforce decisions on sanctioning of
administrative violations.
b. Banks where violators open
accounts shall transfer fine amounts within the time limit as requested by
violators and take liability before violators if, due to their delay in the
performance of payment procedures, violators cannot pay fines under sanctioning
decisions in time; and write sufficient information on fine amounts on fine
receipts issued to state treasuries under current regulations.
c. State treasuries shall:
- Manage sanctioning decisions for
monitoring and comparison upon receipt of fine amounts transferred from banks.
- When receiving fine amounts
transferred from banks, compare the received amounts with the amounts stated in
the relevant sanctioning decisions and credit the fine amounts to the finance
agency’s custody account and make credit notes to the finance agency.
- Periodically compare fine amounts
received from banks with sanctioning decisions and notify agencies of persons
issuing sanctioning decisions for the
latter to know, supervise and urge fine payment for sanctioning decisions.
III. IMPLEMENTATION EFFECT
This Circular takes effect 15 days
after its publication in "CONG BAO." Any problems arising in the course of implementation should be
reported to the Ministry of Finance for coordination with the Ministry of
Transport, the Ministry of Public Security, the Ministry of Justice and the
State Bank of Vietnam for study and settlement.
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FOR THE MINISTER OF FINANCE
VICE MINISTER
Do Hoang Anh Tuan
FOR THE MINISTER OF TRANSPORT
VICE MINISTER
Nguyen Hong Truong
FOR THE MINISTER OF PUBLIC SECURITY
VICE MINISTER
LIEUTENANT-GENERAL
Tran Dai Quang
FOR THE MINISTER OF JUSTICE
VICE MINISTER
Hoang The Lien
FOR THE STATE BANK GOVERNOR
DEPUTY GOVERNOR
Dang Thanh Binh