Laws of Vietnam

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:

a/ With regard to the expenditures at the central level:

- 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).

- Other expenditures related to the maintenance and temporary detention of the means which commit the administrative violation... (including the hiring of storage area and yard, if any).

- 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:

In order to ensure the execution of the decision to fine, the person with competence to impose fines is entitled to temporarily detain the circulation permit of the means of transport, the driving license and other necessary related papers or evidences and means of violation until the offending individual or organization completed executing the decision on the fine. A written record must be made in case of temporary detention of the means or evidences of violation.

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 the Interior

Vice Minister

LE THE TIEM

For the Minister of Finance

Vice Minister

                                                                         LE THI BANG TAM