Thông tư 135/2010/TT-BTC

CIRCULAR

AMENDING AND SUPPLEMENTING THE CIRCULAR NO. 146/2009/TT-BTC DATED JULY 20^, 2009 GUIDING THE REGIME FOR COLLECTING, PAYING, AND MANAGING THE FEES FOR SETTLING THE ISSUES RELATED TO NATIONALITY

Pursuant to the Law on Nationality;

Pursuant to the Ordinance on Fees and Charges;

Pursuant to the Government's Decree No. 78/2009/NĐ-CP dated September 22^nd 2009 detailing and guiding the implementation of a number of articles of the Law on Nationality;

Pursuant to the Government's Decree No. 57/2002/NĐ-CP dated June 03^rd 2002, and the Government's Decree No. 24/2006/NĐ-CP dated March 06^th 2006 amending and supplementing a number of articles of the Government's Decree No. 57/2002/NĐ-CP dated June 03^rd 2002 detailing the implementation of the Ordinance on Fees and Charges;

Pursuant to the Government's Decree No. 118/2008/NĐ-CP dated November 27th 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

The Ministry of Finance guides the regime for collecting, paying, and managing the fees for settling the issues related to nationality in Vietnam as follows:

Article 1. Clause 1 Article 2 is amended and supplemented as follows:

People of whom the contributions to the development and protection of Vietnam are awarded medals and other noble titles by the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, and the Socialist Republic of Vietnam, or certified by Vietnam’s competent agencies.

People of whom the accomplishment in science, economics, culture, society, art, or sport, that are certified by the organizations where they work for, will be beneficial to the Socialist Republic of Vietnam when they take Vietnamese nationality, and the potential contributions to such disciplines in Vietnam are certified by Ministerial State management agencies or provincial People’s Committees.

Article 2.

1. Clause 1 Article 3 is amended and supplemented as follows:

The agencies that collect the fees for taking Vietnamese nationality, retaking Vietnamese nationality, and renouncing Vietnamese nationality are the Services of Justice of central-affiliated cities and provinces  when receiving the dossier of application for taking Vietnamese nationality, retaking Vietnamese nationality, and renouncing Vietnamese nationality. The fee-collecting agencies must make registration, declaration, and pay the fee to the State budget as prescribed by the Ministry of Finance in the Circular No. 60/2007/TT-BTC dated June 14^th 2007, and the Circular no. 157/2009/TT-BTC dated August 06^th 2009 amending and supplementing Circular No. 60/2007/TT-BTC dated June 14^th 2007 of the Ministry of Finance guiding the implementation of a number of articles of the Law on Tax administration, and the implementation of the Government's Decree No. 85/2007/NĐ-CP dated May 25^th 2007 detailing the implementation of a number of articles of the Law on Tax administration.

2. Clause 2 Article 3 is amended and supplemented as follows:

The fees for settling the issues related to nationality are the State budget receives. Fee-collecting agencies may extract from the collected money to defray their operation cost in the following proportion: extracting 30% of the fee to serve the inspection and verification of dossiers and defray other costs related to the settlement of dossiers of application for taking, retaking, and renouncing Vietnamese nationality. Fee-collecting agencies shall pay 70% of the fee collected to the State budget in accordance with the current List of the State budget.

3. Clause 4 Article 3 is amended and supplemented as follows:

The fees for settling the nationality issues applicable to foreigners and Vietnamese people overseas being paid at the Vietnam’ representative agencies overseas are prescribed in the Circular No. 236/2009/TT-BTC dated December 15^th 2009, guiding the collection, payment, management, and use of consular fees applicable to Vietnam's diplomatic missions and consular representative agencies overseas, and the documents that amend, supplement, or supersede this Circular.

Article 3.

1. This Circular takes effect after 45 days as from  the date of its signing.

2. Other contents related to the nationality fees that are not mentioned in this Circular must comply with the Circular No. 146/2009/TT-BTC dated July 20^th 2009 guiding the regime for collecting, paying, and managing the fees for settling the issues related to nationality.

3. The fee payers and relevant agencies are responsible for the implementation of this Circular. Organizations and individuals are recommended to report the difficulties during the implementation of this Circular to the Ministry of Finance for consideration and direction./.