Thông tư 88/2015/TT-BTC

CIRCULAR

PROVIDING FOR RATE, COLLECTION, PAYMENT, MANAGEMENT AND USE OF THE CHARGE FOR APPRAISAL AND FEE FOR ISSUANCE OF LICENSE FOR PRODUCTION/TRADING OF CIVIL CRYPTOGRAPHY PRODUCTS, CERTIFICATE OF CONFORMACE OF CIVIL CRYPTOGRAPHY PRODUCTS, CERTIFICATE OF CONFORMITY OF CIVIL CRYTOGRAPHY PRODUCTS

Pursuant to the Ordinance on Fees and Charges No. 38/2001/PL-UBTVQH10 on August 28, 2001;

Pursuant to the Decree No. 57/2002/ND-CP dated June 03rd 2002 by the Government detailing the implementation of the Ordinance on Fees and Charges;

Pursuant to the Decree No. 73/2007/ND-CP dated 08/5/2007 by the Government on the research, production, trading and use of cryptography to protect the information not classified as the State secret;

Pursuant to the Decree No. 215/2013/ND-CP dated December 23, 2013 by the Government 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 promulgate the Circular providing for the rates, the collection, payment, management and use of charges for appraisal and fees for issuance of the License for production/trading of civil cryptography products, the Certificate of conformance of civil cryptography product and the Certificate of conformity of civil cryptography products as follows:

Article 1. Entities subject to paying fees and charges and fee/charge-collecting agencies

1. Any organizations/individuals applying for the License for production/trading of civil cryptography products, the Certificate of conformance of civil cryptography products or the Certificate of conformity of civil cryptography products shall pay the charges for appraisal and shall pay the fees when the License/Certificate is issued according to the regulations in this Circular.

2. The Cipher Board of Government is the agency that carries out the collection, payment, management and use of the charges for appraisal and fees for issuance of the License for production/trading of civil cryptography products, the Certificate of conformance of civil cryptography products, the Certificate of conformity of civil cryptography products according to the regulations in this Circular.

Article 2. Rates and payment of fees and charges

1. Rates of fees and charges are specified in the Table of fees and charges enclosed with this Circular.

2. Organizations/individuals shall pay the fees and charges directly by cash to fee/charge-collecting agencies or make the deposit into the account of the fee/charge-collecting agencies (hereinafter referred to as collecting agencies).

Article 3. Management and use of the collected fees and charges

1. Fees for issuance of the License for production/trading of civil cryptography products, the Certificate of conformance of civil cryptography products, the Certificate of conformity of civil cryptography products shall be constituted the government revenues. The collecting agencies shall remit 100% of total amount of the collected fees into the State budget according to the corresponding chapters, items and sub-items of the current state budget index.

2. Charges for appraisal for issuance of the License for production/trading of civil cryptography products, the Certificate of conformance of civil cryptography products, the Certificate of conformity of civil cryptography products shall be constituted the government revenues. The collecting agencies may retain 90% of the total amount of the collected charges for appraisal before remitting into the State budget to cover the following expenses:

a) The expenses of direct services for the collection of fees and charges like office stationery, office materials, communications, electricity, water, business expenses (spending on travel, accommodation) according to the current standards;

b) The expenses of regular and essential maintenance of properties, machinery and equipment directly serving the appraisal and collection of fees and charges;

c) The spending on materials, ingredients and other expenses directly relating to the appraisal and collection of fees and charges;

d) The spending on the appraisal of the expert team according to the regulations in the Joint Circular No. 44/2007/TT-BTC-BKHCN dated 07/5/2007 by the Ministry of Finance and the Ministry of Science and Technology and the amending or replacing documents (if any);

dd) The spending on awards and allowances for officials directly carrying out the appraisal and collection of fees and charges in the principle that a person shall be provided with an average amount not exceeding 3 month’s salary per year if the revenue is higher than the one of previous year and not exceeding 2 month’s salary if the revenue is lower than or equal to the one of previous year, supposed that the expenses specified in points a, b, c and d of this clause are ensured. The remained amount shall be transfer to the next year to continue spending according to current regulations.

3. The collecting agencies shall remit the remained amount (10%) into the State budget according to the corresponding chapters, items and sub-items of the current state budget index.

Article 4. Organization of implementation

1. This Circular comes into effect from 27/7/2015.

2. Other regulations relating to the collection, payment, management, use and publishing of regulations on collection of charges of appraisal and fees of issuance of the License for the production/trading of civil cryptography products, the Certificate of conformance of civil cryptography products, the Certificate of conformity of civil cryptography products other than those specified in Circular No. 63/2002/TT-BTC dated 24/7/2002,, Circular No. 45/2006/TT-BTC dated 25/5/2006 by the Ministry of Finance, Circular No. 156/2013/TT-BTC dated 06/11/2013 by the Ministry of Finance, Circular No. 39/2014/TT-BTC dated 31/3/2014 and the amending documents (if any).

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Finance for consideration and guidance./.

TABLE OF CHARGES AND FEES

(Enclosed herewith the Circular No. 88/2015/TT-BTC dated 09/6/2015 by the Ministry of Finance)