Thông tư 217/2016/TT-BTC

CIRCULAR

ON AMOUNTS, COLLECTION, PAYMENT, MANAGEMENT AND USE OF FEES FOR VERIFICATION OF DOCUMENTS AT REQUESTS OF INDIVIDUALS

Pursuant to the Law on fees and charges dated November 25, 2015;

Pursuant to the Law on State budget dated June 25, 2015;

Pursuant to the Government’s Decree No. 120/2016/ND-CP dated August 23, 2016 on guidelines for the Law on fees and charges;

Pursuant to the Government's Decree No. 215/2013/ND-CP dated December 23, 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Finance;

At the request of the Director of the Tax Policy Department,

The Minister of Finance promulgates a Circular on amounts, collection, payment, management and use of fees for verification of documents at requests of individuals.

Article 1. Scope and regulated entities

1. This Circular deals with amounts, collection, payment, management and use of fees for verification of documents at requests of individuals with respect to certificates of clearance issued by competent authorities.

2. This Circular applies to payers and collecting authorities of fees for verification of documents and other organizations and individuals in connection with collection, payment, management and use of fees for verification of documents at requests of individuals.

Article 2. Payers

Any Vietnamese citizen, upon requesting a competent authority to issue a certificate of clearance in accordance with regulations of law, shall pay an amount of fee as prescribed in this Circular.

Article 3. Collecting authority

Department of Police Operation Records affiliated to General Police Department (the Ministry of Public Security) and police authorities of provinces are collecting authorities.

Article 4. Amount

The amount of fee for each verification of documents at request of an individual is VND 50,000.

Article 5. Statement and payment

1. No later than every 5th, each collecting authority shall deposit the amount of fees collected last month to the account of fees pending payment to State budget opened at a State Treasury.

2. The collecting authority shall make monthly and annual statements and pay fees as prescribed in Clause 3 Article 19 and Clause 2 Article 26 of Circular No. 156/2013/TT-BTC dated November 6, 2013 of the Minister of Finance on guidelines for the Law on Tax administration; Law on amendments to the Law on Tax administration and the Decree No. 83/2013/ND-CP dated July 22, 2013 of the Government.

Article 6. Management and use of fees

The collecting authority is entitled to withhold 80% of the amount of fees collected to cover expenses prescribed in Article 5 of the Government's Decree No. 120/2016/ND-CP dated August 23, 2016. 20% of fees collected shall be paid to State budget according to the applicable State budget entries.

Article 7. Implementation

1. This Circular comes into force from January 1, 2017 and replaces Circular No. 168/2010/TT-BTC dated December 2, 2011 of the Minister of Finance on collection of fees for issuance of police clearance certificates to guest workers.

2. If other contents in connection with collection and payment of fees are not guided in this Circular, they shall apply responsive guidelines in the Law on fees and charges, Decree No. 120/2016/ND-CP dated August 23, 2016 on guidelines for the Law on fees and charges; Circular No. 156/2013/TT-BTC dated November 6, 2013 of the Minister of; and Circular of the Minister of Finance on printing, issuance, management and use of documents of collection of fees and charges payable to State budget and their amending documents (if any).

3. Difficulties that arise during the implementation must be reported to the Ministry of Finance for consideration./.