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Circular 50/2010/ttlt-Btc-Bxd: Guidelines For The Management, Use Of Administrative Violation Fines In Construction Activities; Real Estate Business; Extraction, Production, Building Materials Business.

Original Language Title: Thông tư liên tịch 50/2010/TTLT-BTC-BXD: Hướng dẫn việc quản lý, sử dụng tiền phạt vi phạm hành chính trong hoạt động xây dựng; kinh doanh bất động sản; khai thác, sản xuất, kinh doanh vật liệu xây ...

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CIRCULAR guide the management, using fine administrative violations in construction activities; real estate business; extraction, manufacture and trading of building materials; manage the technical infrastructure works; development and management of the Department pursuant to Decree No. 60/2003/ND-CP dated 6/6/2003 of Government of detailed rules and guidelines for implementing the law on the State budget;
Pursuant to Decree No. 124/2005/ND-CP dated 6/10/2005 regulation on Government receipts and fine management, use of money, filed administrative violations;
Pursuant to Decree No. 23/2009/ND-CP on February 27, 2009 by the Government on sanctioning administrative violations in construction activities; real estate business; extraction, manufacture and trading of building materials; manage the technical infrastructure works; development and management of the Department;
Pursuant to decision No. 89/2007/QD-TTg dated 18/6/2007 of the Prime Minister established the county building inspector, the District Inspector and build communes, wards, town in the city of Hanoi and Ho Chi Minh City;
Contact the Ministry of finance, Ministry of construction guide the management, using the proceeds from sanctioning administrative violations in construction activities; real estate business; extraction, manufacture and trading of building materials; manage the technical infrastructure works; development and management of the Department as follows: article 1. The scope and subjects of application 1. This circular applies to individuals, the organizations that are related to the currency, paid administrative violations in construction activities; real estate business; extraction, manufacture and trading of building materials; manage the technical infrastructure works; development and management of the Department (hereafter referred to collectively as the construction sector) and the use of fines for administrative violations in the field of processing of construction according to the provisions of article 70 of Decree 23/2009/ND-CP on February 27, 2009.
2. for administrative violations there are exhibits, the media breached seized, the funding agency for handling administrative violations follow the current rules on the handling of exhibits, means of administrative violation confiscated.
Article 2. Currency lodging, fine management, use receipts to administrative violations 1. The currency lodging, fine; management, use receipts of administrative violations in the field of construction made under the provisions of Decree No. 124/2005/ND-CP dated 6/10/2005 regulation on Government receipts, management, use of money, filed administrative violations and specified in circular No. 47/2006/TT-BTC dated 31/5/2006 the Ministry of Finance shall guide a specified number by Decree No. 124/2005/ND-CP dated. 2. For the city of Hanoi and Ho Chi Minh City, the financial district-level bodies have the responsibility to track the number of fines by the forces of social conduct sanction for payment of the costs and financing of building inspection activities, districts, communes, wards , as defined in decision No 89/2007/QD-TTg dated 18/6/2007 of the Prime Minister established the county building inspector, district, commune, Ward, in the city of Hanoi and Ho Chi Minh City.
Article 3. Use fine administrative violations in the field of building 1. Proceeds from sanctioning administrative violations in the field of construction after submitting in the Agency's custody account of finance opened in the State Treasury to be used for payment of reasonable expenses, and support for the work of handling administrative violations as stipulated in article 4 , Article 5 of this circular, the remainder to be paid into the State budget prescribed levels.
2. With regard to the city of Hanoi and Ho Chi Minh City, the full amount of sanctioning administrative violations of obtaining the building inspector of the County, district, town and of the communes, wards and towns to be used according to the provisions in clause 2 article 15 of decision 89/2007/QD-TTg dated 18/6/2007 of the Government on the Prime Minister established the county building inspector , districts, communes, wards, town in the city of Hanoi and Ho Chi Minh City.
Article 4. More affordable, valid in sanctioning administrative violations 1. The cost of verification, including the arrest: the genus contact information for officers involved; genus examiner, testing supplies, building materials, quality construction, exhibits, the media breached; genus storage, demurrage; genus preserved exhibits, hold media; genus equipment, machinery, technology, gasoline, oil for the means test, arrest, leads, protected objects; genus repair damaged test vehicles when conducting checks, Chase, arrest.
2. The cost of purchase: purchase costs of each service the 10% penalty and maximum amount not exceeding 5,000,000 (five million).
The payment of the cost of buying believed to have full documentation as prescribed; the case required to keep secret the name of the person who provided the information, the payment of expenses to buy based on the votes the genus with the signature of the person who directly pay for the informant, the Treasurer, accountant and heads of units directly inspect, test, handle the offense. Heads of units directly handling administrative violations must be responsible for the accuracy, honesty in paying melastoma, ensure the right person, right job.
3. Other expenses directly related to the sanctioning administrative violations.
Article 5. The content and the level of support for the work of sanctioning administrative violations 1. Advocacy, dissemination, guide the implementation of the legislation in the field of construction.
2. training, training, professional training for officers, public servants and who directly do the inspection, checking, handling administrative violations in the field of construction.
3. Organization of the Corps of inspectors, inspection activities in the field of construction.
4. Summary, summarizing, rewarded for inspection, checking, handling administrative violations.
5. support for personal injury, death, crash when processing involved administrative violations in the field of construction.
6. The genus fostering direct participation forces inspection, test, handle administrative violations. Spending no more than 1,000,000 VND/person/month.
7. Pay overtime as prescribed by law.
8. The genus refresher for building inspectors and those who are authorized to directly participate in coercive structures violate building laws. Fostering spending by 10% of the minimum wage prescribed by the State for each day involved coercion.
9. The costs of purchasing, repair tools, facilities inspection, checking, handling administrative violations in the field of construction.
10. Costs for communications, stationery, printing documents for inspection, checking, handling administrative violations in the field of construction.
11. Support the unit involved in the coordinated work of handling administrative violations in the field of construction.
12. Other expenses in service inspection, tests, handling administrative violations.
Costs for content regulation in this is done according to the standards, modes and norms stipulated by the State; with regard to the content of the State has not yet defined the unit heads spending decisions and take responsibility for his decisions.
Article 6. Payment of reasonable expenses, and support for the work of sanctioning administrative violations 1. Before June 5 monthly, the State Treasury is responsible for notification in writing to the same level of financial authority of currency from sanctioning administrative violations in the field of construction last month.
2. Before the 10th day of every month, the base of the fines collected by the fact the State Treasury announcements, financial institutions of the same level to consider, decide and documented to temporarily extract 30% the amount of the fine was remitted to the custody account; The State Treasury based on the records, the Agency's financial documents, perform transfer amount quoted for agencies, organizations handled in violation to use for the content of the provisions of article 4, article 5 of this circular.
3. Before the 15th of the first month of each quarter, agency, organization handling the offense based on the amount of the penalty actually filed into the State Treasury and actual costs incurred in the process of handling administrative violations of the previous quarter to estimate the funding support and reasonable costs , valid under the provisions of article 4, article 5 of this circular and have written to recommend funding to send financial bodies of the same level.
4. Based on the number of collecting fines for administrative violations of each unit has filed and the number of custody accounts temporarily extract; on the basis of the text proposed in support of funding agencies and organizations handling violation, financial institutions at the same level are responsible for checking and payment of costs according to the provisions of article 4, article 5 of this circular. The payment and support be made at the latest within 20 days from the date of the proposed text and related documents, records of the Agency, the organization handling the offense. Case of non-payment or does not support it must have clear written notice of reasons for agencies, organizations handle the offense.
Article 7. Accounting, settlement funds are paid and support from the administrative violation fines 1. The forces of handling administrative violations are paying the costs and financing of activities from the inflow of administrative violations must open the books to follow, management of funds supported the provisions of this circular and made public at the Agency, unit.
2. Last year, the forces directly handling administrative violations are paid costs and funding support from the administrative violation fines source must use settlement funds to be paid and supported from the proceeds of administrative violations in the field of construction according to the provisions of the law on the State budget and other documents guiding the implementation.
Article 8. Implementation of this circular effect after 45 days from the date of signing.
2. The State Treasury is responsible for collecting fines timely organization and create favorable conditions for cash payers sanctioning administrative violations. Perform tracking, revenue accounting, administrative infringement fines according to the mode of financial management of the State.

3. provincial finance authorities, districts have the responsibility to track the collection, submission, management and operational funding for the excerpt temporarily force the building inspector from the source currency sanctioning administrative violations in the field of building in accordance with the provisions of this circular.
In the process, if any obstacles to timely reflect the recommendations of the Ministry of finance, the Ministry of construction to research, resolve./.