Joint Circular No. 100/2008/TTLT-BTC-BGTVT-BCA-BTP-NHNNVN dated November 6, 2008 of Ministry Finance, Ministry of Transport, Ministry of National Security, Ministry of Justice and State Bank of Vietnam 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 administrative violations in road traffic

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.

2. Conditions on fine payment by debiting violators’ accounts

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.

b. Copies of the sanctioning decision must be handed over to the violator for observation, kept at the agency of the person issuing the sanctioning decision for monitoring and sent to the State Treasury where the finance agency opens the custody account as a basis for examination, comparison and archives.

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:

- Comply with sanctioning decisions in strict accordance with Article 50 of Decree No. 146/2007/ND-CP of September 14, 2007, on sanctioning of administrative violations in road traffic and Article 64 of the Ordinance on Handling of Administrative Violations.

- 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.