New regulations on withdrawing money from fines and license plate auctions

At the recent 7th session of the 15th tenure, with the majority of delegates voting in favor, the National Assembly passed the Law on Road Traffic Order and Safety (TTATGTDB), which stipulates the allocation of the corresponding budget from the collection of fines for traffic violations and license plate auctions. The law takes effect from January 1, 2025.

The Law on Road Traffic Order and Safety was passed at the 7th session of the 15th National Assembly.

This Law stipulates 6 groups of State policies on road traffic safety. Accordingly, the State ensures the budget, facilities, means, modern equipment, conditions to ensure and improve the capacity to perform the tasks of the force directly ensuring road traffic safety.

Mobilize and use resources to ensure traffic safety. At the same time, allocate correspondingly from the collected fines for administrative violations of traffic safety and vehicle license plate auctions after being submitted to the state budget to strengthen and modernize facilities, vehicles, and equipment to serve the purpose of ensuring security, order, and traffic safety according to Government regulations.

In addition, there is a policy to modernize traffic command centers; ensure connection and sharing of traffic safety databases among relevant state agencies.

Among the above, the policy related to withdrawing money from fines for traffic safety violations received many comments from delegates during the drafting process as well as discussions in the hall.

Not inconsistent with the National Assembly's resolution on the budget estimate

In the explanatory and acceptance report sent to the delegates before voting to approve the draft law, the National Assembly Standing Committee said that, in addition to the majority of agreement, there were also opinions suggesting to consider regulations on deducting fines for traffic safety violations, and it is necessary to clearly stipulate how much percentage should be deducted...

According to the National Assembly Standing Committee, in recent years, the National Assembly has allocated the budget in the direction of arranging 100% of the budget expenditure estimate for revenue from administrative fines in the field of traffic safety after submitting it to the state budget to strengthen the work of ensuring traffic safety.

The allocation rate for the Ministry of Public Security and localities depends on the needs of each year. The latest is in 2024, when 85% will be allocated to the Ministry of Public Security and 15% to localities.

However, the implementation process still has problems, because there are no specific legal documents showing the allocation of funding sources for traffic violation fines. This leads to limited funding sources for implementing projects to modernize the traffic police force and strengthen traffic safety assurance.

Traffic police control and handle drivers participating in traffic.

There are also opinions suggesting considering the above regulation to ensure consistency with Resolution No. 104/2023 of the National Assembly on the state budget estimate for 2024, especially the abolition of the financial management mechanism and special income of state administrative agencies and units; not continuing to apply the current special mechanism to the regular budget portion according to the special financial management mechanism.

The Standing Committee of the National Assembly finds that the provision for allocating revenue from administrative fines for traffic violations and vehicle license plate auctions is not a regular budget. The purpose of use is to strengthen and modernize facilities, vehicles, and equipment to ensure traffic order and safety; not to support increased income for the traffic police force or other forces involved in ensuring traffic order and safety.

Therefore, the provisions of the draft law are not inconsistent with Resolution No. 104/2023 of the National Assembly.

Based on the Government's proposal and to ensure consistency with the provisions of the 2015 State Budget Law, the National Assembly Standing Committee revises the provisions on the corresponding arrangement from the revenue from fines for traffic safety violations and vehicle license plate auction fees as stated.

In the coming time, the Government will issue a document to specify the applicable subjects, the subjects to be arranged, the arranged items, the use of funds, the preparation of estimates, the assignment of estimates and the settlement of allocated funds on the basis of compliance with the provisions of the law on the state budget (without having to amend or supplement the State Budget Law).

Source: https://thanhnien.vn/quy-dinh-moi-ve-trich-lai-tien-tu-nguon-xu-phat-va-dau-gia-bien-so-185240629181916954.htm