Expenditure details on ensuring operation of force sanctioning administrative violations from the state budget of Vietnam

Expenditure details on ensuring operation of force sanctioning administrative violations from the state budget of Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Principles of estimating, managing and using state budget funds to ensure the operation of the force sanctioning administrative violations in Vietnam

According to Article 10 of Circular 153/2013/TT-BTC, the principles of estimating, managing, and using state budget funds to ensure the operation of the force sanctioning administrative violations in Vietnam include:

- Funds to ensure the operation of the force sanctioning administrative violations shall be included in the annual state budget expenditure estimates of the ministries, central agencies, and local agencies.

- Funds to ensure the operation of administrative violation sanctioning forces within ministries and central agencies shall be covered by the central budget.

Funds to ensure the operation of the administrative sanctioning forces of agencies and units in the provinces and centrally-run cities shall be covered by the local budget according to decentralization.

- The management and use of state budget funds to ensure that the activities of the force sanctioning administrative violations are for the right purposes and have the right contents, according to the norms, standards, and regimes according to current regulations and specific regulations in Circular 153/2013/TT-BTC.

2. Content and level of expenditure to ensure the operation of the force sanctioning administrative violations from the state budget of Vietnam 

(1) General expenses

- Expenses for propaganda and dissemination of the law on sanctioning administrative violations shall comply with the provisions of Joint Circular 14/2014/TTLT-BTC-BTP;

- Expenses for travel expenses, conference expenses for preliminary and final reviews, and training in sanctioning administrative violations shall comply with the provisions of Circular 40/2017/TT-BTC;

- Expenses for the procurement of equipment, repair of tools, and vehicles directly serving the activities of the sanctioning forces in accordance with the prescribed standards and norms, and conducting procurement according to the provisions of Circular 58/2016/TT-BTC;

- Expenses for petrol and oil for vehicles to inspect, arrest, escort, and protect the subjects and exhibits of violations; spending on communication, stationery, and printing documents serving the activities of the sanctioning forces:

Follow the actual payment vouchers, according to the contract with the supplier. The above expenditures must be approved by competent authorities before implementation;

- Expenses for rewards for collectives and individuals with outstanding achievements in sanctioning administrative violations according to the provisions of Decree 91/2017/ND-CP;

- Expenses for fostering night work and overtime in accordance with current law.

(2) Special expenses

- Information purchase cost (if any):

+ The level of spending to buy information for each case must not exceed 10% of the sanctioned amount, and the proceeds from the sale of confiscated material evidence and means to the state fund (if any) must not exceed 5,000,000 VND.

Particularly for sanctions in the field of environmental protection, anti-smuggling, commercial fraud, and counterfeit goods; the level of information purchase in each case must not exceed 10% of the sanctioned amount, and the proceeds from the sale of confiscated material evidence and means must be transferred to the state fund (if any), and the maximum level shall not exceed VND 50,000,000.

+ In case the administrative violation sanctioning process does not issue a sanctioning decision, the government cannot sell the confiscated material evidence due to the destruction of material evidence. If property is transferred to State agencies for management and use according to the provisions of the Law on Handling of Administrative Violations 2012, the cost of buying information must not exceed 10% of the value of the exhibits of administrative violations and not exceed 5,000,000 VND;

For the fields of environmental protection, anti-smuggling, commercial fraud, and counterfeit goods, the cost of buying information must not exceed 10% of the value of the exhibits of administrative violations, and the maximum level is not more than VND 50,000,000. How to determine the value of material evidence of administrative violations according to Article 60 of the Law on Handling of Administrative Violations 2012.

+ The payment for information purchase must have all documents as prescribed, where the request to keep the name of the informant confidential, and the payment of the cost of buying information is based on the payment slip with full signatures of the person directly paying the money to the informant, the treasurer, the accountant, and heads of units that directly investigate and handle administrative violations.

The head of the unit directly investigating and handling administrative violations must be responsible for accuracy and honesty in paying for information purchases, ensuring that the right person, the right job, and efficiency are paid.

- Expenditure on allowances for forces directly sanctioning according to policies and regimes promulgated by competent state agencies (if any).

(Article 11 of Circular 153/2013/TT-BTC, as amended in Circular 105/2014/TT-BTC)

Thanh Rin

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