|
GOVERNMENT OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
|
No: 176/2024/ND-CP |
Hanoi, December 30, 2024 |
REGARDING MANAGEMENT AND USE OF REVENUES FROM ADMINISTRATIVE FINES FOR VIOLATIONS AGAINST REGULATIONS ON ROAD TRAFFIC ORDER AND SAFETY AND LICENSE PLATE AUCTIONS AFTER TRANSFER TO THE STATE BUDGET
Pursuant to the Law on Organization of the Government dated February 19, 2015;
Pursuant to Law on Amendments to the Law on Organization of the Government of Vietnam and the Law on Organization of Local Government dated November 22, 2019;
Pursuant to the Law on State Budget dated June 25, 2015;
Pursuant to the Law on Road Traffic Order and Safety dated June 27, 2024;
At the request of the Minister of Public Security;
The Government promulgates a Decree regarding management and use of revenues from administrative fines for violations against regulations on road traffic order and safety and license plate auctions after transfer to the state budget.
This Decree prescribes management and use of revenues from administrative fines for violations against regulations on road traffic order and safety and license plate auctions after transfer to the state budget; expenditure contents and expenditures covered by these revenues for road traffic order and safety assurance.
1. Agencies allowed to use revenues from administrative fines for violations against regulations on road traffic order and safety after transfer to the state budget:
a) The Ministry of Public Security;
b) People’s Committees of provinces and municipalities and other agencies in administrative divisions other than those specified at point a, clause 1 of this Article that participate in road traffic order and safety assurance.
2. The Ministry of Public Security allowed to use revenues from license plate auctions after transfer to the state budget.
3. Other agencies, organizations and individuals involved in the management and use of revenues from administrative fines for violations against regulations on road traffic order and safety and license plate auctions after transfer to the state budget.
ESTIMATION, MANAGEMENT, USE AND SETTLEMENT OF REVENUES FROM ADMINISTRATIVE FINES FOR VIOLATIONS AGAINST REGULATIONS ON ROAD TRAFFIC ORDER AND SAFETY AND LICENSE PLATE AUCTIONS AFTER TRANSFER TO THE STATE BUDGET
Article 3. Estimation of revenues from administrative fines for violations against regulations on road traffic order and safety and license plate auctions after transfer to the state budget
At the same time of making an annual state budget estimate, the Ministry of Public Security shall, based on the implementation progress and funding needs, make an estimate corresponding revenues from administrative fines for violations against regulations on road traffic order and safety and 30% of revenues from license plate auctions of the preceding year after transfer to the state budget, send it to relevant agencies for summarization and submission to competent authorities for allocation of funds in accordance with the Law on the State Budget and relevant legislative documents.
The Ministry of Public Security shall send a proposed plan for allocation of revenues from administrative fines for violations against regulations on road traffic order to the Ministry of Public Security and administrative divisions enclosed with the Ministry’s annual state budget estimate to relevant agencies for synthesis according to regulations.
Article 4. Management, use and settlement of revenues from administrative fines for violations against regulations on road traffic order and safety and license plate auctions after transfer to the state budget
1. The Ministry of Public Security’s estimation, management, use and settlement of revenues from administrative fines for violations against regulations on road traffic order and safety and license plate auctions after transfer to the state budget shall comply with regulations on management and use of the state budget for security and social order and safety.
2. The People’s Committees of provinces and municipalities shall, based on the allocated revenues from administrative fines for violations against regulations on road traffic order and safety, prepare and submit plans for budget allocation to local authorities specified at point b, clause 1, Article 2 hereof to the People’s Councils of the same level for decision and send them to the Ministry of Public Security and relevant agencies for synthesis in accordance with law; the management, use and settlement of allocated revenues shall comply with the Law on the State Budget and relevant legislative documents.
3. In case the financial resources for recurrent expenditures or other allocations from the state budget for traffic order and safety assurance are insufficient to meet the actual funding needs, agencies may use revenues from administrative fines for violations against regulations on road traffic order and safety and license plate auctions after transfer to the state budget.
EXPENDITURE CONTENTS AND EXPENDITURES COVERED BY REVENUES FROM ADMINISTRATIVE FINES FOR VIOLATIONS AGAINST REGULATIONS ON ROAD TRAFFIC ORDER AND SAFETY AND LICENSE PLATE AUCTIONS AFTER TRANSFER TO THE STATE BUDGET FOR ROAD TRAFFIC ORDER AND SAFETY ASSURANCE
Article 5. The Ministry of Public Security’s expenditure contents
1. Expenditure for investment in and procurement of equipment and vehicles used for road traffic order and safety assurance; repair, maintenance, servicing and upgrading of these equipment and vehicles.
2. Expenditure for development, operation, management, upgrading, and security and safety assurance of information systems and databases on traffic order and safety.
3. Expenditure for building, renovation, repair, maintenance, upgrading and expansion of structures, command centers, head offices, workplaces and places where vehicles are temporarily seized.
4. Expenditure for property lease (housing, land, vehicles, equipment and other property) for road traffic order and safety assurance.
5. Expenditure for petrol, oil and other fuels used for road traffic order and safety assurance.
6. Expenditure for investigation and settlement of traffic accidents; handling of cases and administrative violations against regulations on traffic order and safety; remediation of incidents, congestion prevention and combat, and addressing of potential traffic accident hotspots.
7. Expenditure for work-trip allowances , inspection and supervision of road traffic order and safety assurance.
8. Expenditure for operation of hotlines, technology applications, softwares used for road traffic order and safety assurance.
9. Expenditure for propagation, education and dissemination of the law on traffic order and safety assurance; professional training and retraining, and examination of legal knowledge on traffic order and safety.
10. Expenditure for preliminarily and final reviews, organization of conferences and seminars on tasks and contents of traffic order and safety assurance; commendation of collectives and individuals with excellent achievements in traffic order and safety assurance.
11. Expenditure for granting of assistance to individuals and organizations sending reports on administrative violations against regulations on traffic order and safety.
12. Expenditure for supplies, stationery, printing of dossiers and documents; power used for maintenance of information technology systems and databases on traffic order and safety; postal and communication charges for traffic order and safety assurance.
13. Expenditure for survey, assessment and request for formulation of legislative documents, formulation of legislative documents, benefits and policies on traffic order and safety assurance; research, statistical survey, implementation of scientific topics, testing, development of products and services for traffic order and safety assurance.
14. Expenditure for remuneration paid to officers and soldiers directly participating in traffic order and safety assurance at night.
15. Expenditure for data entry for traffic order and safety assurance.
16. Expenditure for international cooperation in traffic order and safety assurance.
17. Other expenditures involved in security, social order and safety as prescribed.
18. Expenditure for performance of tasks involved in traffic order and safety assurance as assigned by the Government and the Prime Minister.
Article 6. Expenditure contents of the People’s Committees of provinces and municipalities and other local authorities
1. Expenditure for procurement of equipment and vehicles used for road traffic order and safety assurance; repair, maintenance, servicing and upgrading of these equipment and vehicles.
2. Expenditure for operation, management, upgrading, and security and safety assurance of information systems and databases on traffic order and safety.
3. Expenditure for renovation, repair, maintenance, upgrading and expansion of structures, head offices, workplaces for traffic order and safety assurance and places where vehicles are temporarily seized.
4. Expenditure for property lease (housing, land, vehicles, equipment and other property) for road traffic order and safety assurance.
5. Expenditure for petrol, oil and other fuels used for road traffic order and safety assurance.
6. Expenditure for operation of hotlines, technology applications, softwares used for road traffic order and safety assurance.
7. Expenditure for visitation and granting of assistance to traffic accident victims and families of victims who died in particularly serious traffic accidents; victims suffering from serious injuries, families of disadvantaged victims who died in traffic accidents.
8. Expenditure for professional training and retraining on traffic order and safety assurance.
9. Expenditure for commendation of collectives and individuals with excellent achievements in traffic order and safety assurance.
10. Expenditure for supplies, stationery, printing of dossiers and documents; power used for maintenance of information technology systems and databases on traffic order and safety; postal and communication charges for traffic order and safety assurance.
11. Expenditure for preliminarily and final reviews, performance of tasks of traffic order and safety assurance;
12. Expenditure for preparation of plans, programs and schemes on traffic order and safety assurance, direction, inspection, urge and organization of the implementation of the approved plans, programs and schemes.
13. Expenditure for remuneration paid to officials, public employees, and other local forces directly participating in traffic order and safety assurance in case of working at night or overtime.
14. Expenditure for data entry for traffic order and safety assurance.
15. Expenditure for addressing of traffic congestion, remediation of consequences of traffic accidents, rescue and performance of other traffic order and safety assurance tasks as assigned by the Government and the Prime Minister.
Expenditures specified in Articles 5 and 6 hereof shall be as follows:
1. Officers and soldiers directly participating in traffic order and safety assurance at night shall receive a maximum of 200.000 VND/person/shift (01 shift: at least 04 hours and night working time: from 10:00 p.m. of the previous day to 6:00 a.m. of the next day); in case of working 1/2 night shift (2 hours), their remuneration shall be a maximum of 100.000 VND/person with up to 10 shifts/month.
2. Officials, public employees, and other local forces directly participating in traffic order and safety assurance shall receive a maximum of 100.000 VND/person/shift in case of overtime work on day or a maximum of 200.000 VND/person/shift in case of overtime work at night (01 shift: at least 04 hours and night working time: from 10:00 p.m. of the previous day to 6:00 a.m. of the next day) or a maximum of 100.000 VND/person in case of overtime working 1/2 shift (2 hours) with up to 10 shifts/month.
3. Individuals and organizations sending reports on administrative violations against regulations on traffic order and safety shall receive a maximum of 10% of the fine for each reported administrative violation with up to VND 5,000,000/violation.
4. Other expenditures shall comply with law.
This Decree comes into force from January 1, 2025.
1. The Ministry of Public Security shall provide guidelines and organize the management and use of revenues from administrative fines for violations against regulations on road traffic order and safety and license plate auctions after transfer to the state budget within the People’s Public Security Force.
2. Ministries, ministerial agencies, governmental agencies, the People’s Committees of provinces and municipalities shall, within their jurisdiction, implement this Decree.
3. Ministers, Directors of ministerial agencies, Directors of governmental agencies, Presidents of the People’s Committees of provinces and municipalities shall enforce this Decree./.
|
|
ON BEHALF OF GOVERNMENT OF VIETNAM Ho Duc Phoc |
