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THE
MINISTRY OF FINANCE -
THE MINISTRY OF HOME AFFAIR
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
77-TTLB/TC/NV
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Hanoi,
October 30, 1995
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INTER-MINISTERIAL CIRCULAR
PROVIDING
SUPPLEMENTARY GUIDANCE ON THE COLLECTION AND USE OF THE FINES AGAINST
ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF TRAFFIC ORDER AND SAFETY ON LAND
ROADS AND IN URBAN AREAS
Pursuant to the guiding opinion
of the Prime Minister set out in Official Dispatch No.5395-LC of September 26, 1995
of the Office of the Government, and in order to well implement Decree No.36-CP
of May 29, 1995 of the Government on ensuring traffic order and safety on land
roads and in urban areas, the Ministry of Finance and the Ministry of the
Interior provide the following guidance to supplement and amend a number of
articles concerning the collection and use of the fines against administrative
violations in this domain:
1. To change the content of
Point 4, Section I of the Inter-Ministerial Circular No.56-TTLB/TC/NV of July
17, 1995 as follows:
The whole amount of fines
against violations of traffic order and safety on land roads and in urban areas
collected by the central and local forces shall be concentrated into the State
Budget through the system of State Treasuries in order to supplement the
expenditures on ensuring traffic order and safety on land roads and in urban
areas. The remittances break down as follows:
- 30% shall be remitted to the
Central Budget to supplement the expenditures (at the central level) by the
ministries and other central agencies like the Ministry of the Interior, the
Ministry of Communication and Transport, the Ministry of Finance (the Vietnam
State Treasury and the General Taxation Department).
- 70% shall be remitted to the
local budget to be spent on activities of maintaining traffic order and safety
on land roads and in urban areas within the territory of the province or city
(including the expenditures for the central forces directly engaged in ensuring
traffic order and safety on land roads and in urban areas within their
territories such as the Interior Service, the Communication Service, the local
State Treasury...)
2. Part of the fines against
administrative violations in the domain of traffic order and safety on land
roads and in urban areas shall be used to supplement the expenditures on
maintaining and ensuring traffic order and safety. More concretely:
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- To spend on the purchase of
necessary supplementary equipment for the maintenance of traffic order and
safety and for the collection of fines.
- To make additional
expenditures on the construction and upgrading of the check points and the
places for the temporary detention of the means of violation, for the
collection of fines at important traffic junctions (if any).
- To make additional
expenditures on the printing of the decisions, records and receipts of fines
and other related papers, on the educational work and the printing of
documents...
- Other expenditures directly
related to the execution of Decree No.36-CP.
b/ With regard to the
remittances to the locality:
- To supplement the expenditures
on the relocation of the curbside markets to the right places.
- To supplement the expenditures
on the construction of the traffic signs (lights and warning and guiding
signs...)
- To build more divide lines or
repair the existing ones on the necessary roads, build new divide lines for
motorized vehicles, pedestrians, street pavements and parking lots.
- To cover part of the cost for
the dismantlement of makeshift shops and other illegal constructions on street
pavements and along the roads (aside from the cost of the forcible enforcement
of the order to be borne by the offending individual or unit as prescribed in
the Ordinance on Sanctions Against Administrative Violations).
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- To remunerate the forces
directly taking part in the maintenance of traffic order and safety on land
roads and in urban areas within the territory of province or city under the
plan of the Ministry of the Interior, the Ministry of Communication and
Transport, the Ministry of Finance and the People's Committee of the province
or city (including the police, the transport service, the State Treasury
directly taking part in the work within the territory of the province or city,
the youth force, the street population representative group which are mobilized
to preserve traffic order and safety).
- Expenditures on activities in
education and in the popularization of the policy on strengthening traffic
order and safety.
- Other expenditures directly
related to the maintenance of traffic order and safety on land roads and in
urban areas...
c/ Remunerations for the forces
taking part in the maintenance of traffic order and safety on land roads and in
urban areas in accordance with the current regime concerning night work and
overtime work (in accordance with Circular No.10-LDTBXH/TL of April 19, 1995
issued by the Ministry of Labor, War Invalids and Social Affairs), and on duty
allowances (in accordance with Circular No.09-TC/HCVX of February 17, 1994 of
the Ministry of Finance), etc., but such remuneration shall not exceed 200,000
VND per person per month.
The other expenditures have to
comply with the ratified expenditure plan and ensure conformity with the
current common regulations on financial management.
3. Basing themselves on the
stipulations in Point 2 mentioned above, the Ministries, branches and units
assigned with the tasks on the territory of the province or city shall draw up
an expenditure plan and send it to the Ministry of Finance and the Finance
Service for approval and allocation of supplementary expenditures to the unit.
4. The Finance and Pricing
Service shall base itself on the amount of fines collected and the tasks
assigned to the units on the territory of the province or city to approve,
allocate and disburse the expenditures to the units. When approving and
disbursing the supplementary expenditures derived from the fines on violations
of traffic order and safety on land roads and in urban areas, steps must be
taken to ensure non duplication of the expenditures already approved for the
whole year, and also the right and efficient expenditures aimed at ensuring
traffic order and safety on land roads and in urban areas.
5. The expenditures on ensuring
traffic order and safety on land roads and in urban areas must be managed as
stipulated in the current regulations on State budget management. At the year
end, the Finance Service in the localities must account for these expenditures
in conformity with the regime of budget accounting, including a separate
section set aside to account for the collection of fines and the supplementary
expenditure for the maintenance of traffic order and safety in the territory of
the province or city. The Ministries and the State Treasury must conduct
accounting of these expenditures along with the accounting of the annual State
budget.
6. Change Point 3 - Part II of
the Inter-Ministerial Circular No.56-TT/LB as follows:
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7. Supplement to the regulations
on the place to collect the fine:
The person with competence to
fine has the responsibility to guide the fined person to pay the fine at the
most convenient place for the collection of the fine. In some specific cases
when the fined person cannot pay the fine at the place of fine collection on
the territory of the province or city, he/she may ask to pay the fine at any
place of fine collection of the State Treasury (or a place authorized by the
State Treasury) in the whole country, but must pay the fine within five days at
the latest. The Central State Treasury shall have to monitor, control and guide
the collection of fines.
8. Supplement to the regulations
on the collection of fines:
The State Treasury shall collect
the fine as decided by the person with competence to hand the fine. In case of
complaint and if the agency with competence to hand the fine revises the
decision, the State Treasury agency shall base itself on the settlement of the
complaint to collect more money (if the complaint settling decision increases
the earlier amount of fine). It shall coordinate with the finance agency to
return the difference to the fined person (if the complaint settlement decision
reduces the fine) or return the whole fine if the earlier decision is canceled.
9. The State Treasury may assign
the collection of fines to a number of units like the postal, tax and banking
services, but it must ensure the principle of timely remittance of the fines
thus collected to the State Treasury. The receipts of fine collection shall be
made in accordance with the uniform form stipulated in the Inter-Ministerial
Circular No.56-TTLB/TC/NV of July 17, 1995. The assignment cost shall be
deducted from the total fines collected and forms part of the cost estimate of
the State Treasury of the province or city already approved by the Finance
Service.
10. This Circular takes effect
from the date of its signing. But the management and use of the fines
stipulated in Points 1, 2, 3, 4 and 5 of this Circular shall apply from August
1st, 1995. Those stipulations set out in the Inter-Ministerial Circular
No.56-TTLB/TC/NV of July 17, 1995 of the Ministry of Finance and the Ministry
of the Interior which no longer conform with this Circular are now annulled.
FOR
THE MINISTER OF HOME AFFAIR
VICE MINISTER
Le The Tiem
FOR
THE MINISTER OF FINANCE
VICE MINISTER
Le Thi Bang Tam
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