THE MINISTRY OF FINANCE - THE MINISTRY OF TRANSPORT- THE MINISTRY OF PUBLIC SECURITY - THE MINISTRY OF JUSTICE - THE STATE BANK OF VIETNAM
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, November 6, 2008
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.