Thông tư liên tịch 33-TT/LB

INTER-MINISTERIAL CIRCULAR

REGULATING THE COLLECTION, REMITTANCE, MANAGEMENT AND USE OF THE FEES ON MARRIAGE REGISTRATION, RECOGNITION OF MARRIAGE, CLAIM OF OUT-OF-WEDLOCK CHILD, REGISTRATION OF ADOPTED CHILD AND RECOGNITION OF SPONSORSHIP ARRANGED BETWEEN VIETNAMESE CITIZENS AND FOREIGN NATIONALS

Pursuant to Article 6 of Decree No.184-CP on the 30th of November 1994 of the Government which provides for the formalities for marriage, claim of out-of-wedlock child, adoption of child and the recognition of sponsorship arranged between Vietnamese citizens and foreign nationals;
Proceeding from Decision No.276-CT on the 28th of July 1992 of the Chairman of the Council of Ministers (now the Prime Minister) providing for the unified management of fees and dues of all sorts;
The Ministry of Finance and the Ministry of Justice shall now jointly provide the regulation on the collection, remittance, management and use of the fees on marriage registration, recognition of marriage, claim of out-of-wedlock child, registration of adopted child and recognition of sponsorship arranged between Vietnamese citizens and foreign nationals, or between Vietnamese citizens a party of whom is living overseas:

I. PERSONS SUBJECT TO FEES

Those people who apply for registration or recognition of their marriage, who register their claims to out-of-wedlock children, who apply for adoption of children and who wish to have their child adoption recognized, shall pay a one-time fee as stipulated in Item II of this Circular.

II. THE FEES

1. Fee levels:

a) Marriage registration: 2,000,000 VND

b) Recognition of marriage registered overseas: 1,000,000 VND

c)Claim of out-of-wedlock:  1,000,000 VND

d)Registration of adopted child: 2,000,000 VND

e) Recognition of adopted child registered overseas: 1,000,000VND

2. Based on the fees provided for in Point 1 of this Item, the Diplomatic Representation or Consulate of Vietnam in a foreign country shall set the equivalent in the local currency or in a freely convertible currency at the exchange rate of the receiving country.

III. MANAGEMENT AND USE OF THE FEES

1. The fees collected on registration of marriage, recognition of marriage, claim of an out-of-wedlock child, registration of an adopted child and the recognition of an adopted child arranged between a Vietnamese citizen and a foreign national, or between Vietnamese citizens a party of whom is living overseas, are a revenue for the State budget which are charged upon reception of applying dossiers by the Justice Service of a province or city directly under the Central Government, or by an overseas Diplomatic Representation or Consulate of Vietnam (hereafter referred as the collecting agency).

2. In collecting the fees, the collecting agency shall register them in receipt forms issued by the Ministry of Finance (Department of Taxes) and open books to monitor the collection, remittance and use of the fees and, annually, to make financial statements in accordance with the existing modalities on accounting.

3. The collecting agency shall be entitled to 10% of the collected fee to add to its operating budget (as an additional budget allocation) for investigation, verification and other expenses related to the registration and recognition of marriage, the claim of out-of-wedlock child, the registration of adopted child and the recognition of adopted child arranged between Vietnamese citizens and foreign nationals, or between Vietnamese citizens a party of whom is living overseas.

4. The remainder of the fee (90%) shall be remitted to the State budget:

- The overseas Diplomatic Representation or Consulate shall place it in the local stand-by account of the State budget as provided for in Circular No.11-TC/TCDN of the 20th of April, 1992, of the Ministry of Finance on stand-by State-budget funds at overseas Vietnamese embassies and diplomatic representations.

- Domestically, the provincial Justice Service shall put it under Item 35 of the corresponding chapter, kind, item and category of the Budget Table of Contents within the time frame set by the local tax-collecting office but no later than the fifth day of the following month.

IV. IMPLEMENTATION PROVISION

1. In case the market price fluctuates at 20% or more, the Ministry of Finance shall, in coordination with the Ministry of Justice, adjust the collecting level provided for in this Circular.

2. This Circular takes effect as from the date of signing. The previous regulations which are contrary to this Circular are now annulled.

3. In the course of the implementation of this Circular, any emerging problems must be reported in a timely manner by the collecting agencies to the Ministry of Finance and the Ministry of Justice for consideration and solution.