Nội dung toàn văn Law No. 97/2015/QH13 fees and charges
NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIETNAM |
Law No. 97/2015/QH13 | Hanoi, November 25, 2015 |
LAW
FEES AND CHARGES
Pursuant to Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Fees and Charges.
Chapter I
GENERAL PROVISIONS
Article 1. Governing scope
This Law regulates the list of fees, charges; fee and charge payers (hereinafter referred to as 'payers’); fee and charge collecting agencies (hereinafter referred to as ‘collectors’); principles of determination of level of collection, exemptions, remissions, payment, management and use of fees, charges; authority and responsibility of regulatory agencies and other organizations in management of fees and charges.
Article 2. Regulated entities
This Law applies to regulatory agencies including Vietnam’s representative bodies overseas, public service providers and other organizations and individuals relating to collection, payment, management and use of fees and charges.
Article 3. Interpretation of terms
In this Law, some terms are construed as follows:
1. Fees are an amount of money that shall be paid by organizations or individuals to make up for expenses for public services provided by regulatory agencies, public service providers as assigned by competent state agencies as prescribed in the list of fees and charges enclosed herewith.
2. Charges are a fixed amount of money that shall be paid by organizations or individuals for public services for state management provided by regulatory agencies as prescribed in the list of fees and charges enclosed herewith.
Article 4. List and authority for stipulation of fees, charges
1. The list of fees, charges is enclosed herewith.
2. The Standing committee of the National Assembly, Government, the Minister of Finance, provincial People’s Councils having the authority to stipulate collection, exemptions, remissions, payment, management and use of fees and charges.
Article 5. Application of the Law on Fees and Charges, relevant laws and International Agreement
1. Collection, payment, management and use of fees and charges shall be prescribed hereof unless otherwise as regulated.
2. Where an international agreement to which the Socialist Republic of Vietnam is a signatory regulates otherwise, such international agreement shall prevail.
Article 6. Payers
Payers mean organizations or individuals that are provided with public services for state management as prescribed hereof.
Article 7. Collectors
Collectors include regulatory agencies, public service providers, and organizations tasked with providing public services for state management tasks by competent state agencies as prescribed hereof.
Chapter II
PRINCIPLES OF DETERMINATION OF LEVEL, EXEMPTIONS, REMISSIONS OF FEES AND CHARGES
Article 8. Principles of determination of level of fees
Level of fees is determined to basically make up for expenses with due account taken of policies on socio-economic development of the state over periods, ensuring equality, fairness, public disclosure and transparency on rights and obligations of citizens.
Article 9. Principles of determination of level of charges
Level of charges is a pre-fixed amount of money without aiming at compensation for expenses; level of registration fee is determined by percentage of property value, ensuring equality, fairness, public disclosure and transparency on rights and obligations of citizens.
Article 10. Exemptions, remissions of fees, charges
1. Persons who are entitled to exemptions, remissions of fees and charges include children, poor households, senior citizens, the disabled, and persons with meritorious services to the Revolution, ethnic minorities living in communes facing extreme socio-economic difficulties and others as prescribed.
2. The Standing committee of the National Assembly shall stipulate persons entitled to exemptions and remissions of legal fees and charges.
3. The Government shall stipulate persons entitled to specific exemptions and remissions within competence.
4. The Minister of Finance, provincial People’s Councils shall stipulate persons entitled to specific exemptions and remissions within competence.
Chapter III
DECLARATION, COLLECTION, PAYMENT, MANAGEMENT AND USE OF FEES AND CHARGES
Article 11. Declaration, payment
1. Fees and charges as prescribed hereof are receipts of government revenues not subject to taxation.
2. Payers shall carry out declaration and payment of fees and charges on a monthly, quarterly and annual basis or when they arise.
3. Payers shall pay fees and charges to collectors or State Treasuries by cash, through credit institutions, service institutions and other manners as prescribed.
4. Fees and charges collected in Vietnam shall be in Vietnam dong unless otherwise as regulated. Fees and charges collected overseas shall be in currency of home country or in freely convertible foreign currencies.
5. The Government shall detail this Article.
Article 12. Collection, payment, management and use of fees
1. Fees from public services provided by regulatory agencies shall be paid to state budget except for expenses for activities of provision of such public services.
Part or whole of fees from public services provided by public service providers shall be used to pay off expenses for provision of services, collection of fees based on cost estimates approved by competent state agencies and the remaining be paid to state budget
2. Amount of money deducted and set apart as prescribed in Clause 1, this Article shall be used as follows:
a) The amount of money set apart for collectors to pay off expenses for provision of services and collection of fees Based on nature and characteristics of each kind of fees, competent state agencies shall make decision on amount of money being left for collectors;
b) The amount of money left shall be managed and used according to law provisions; final settlement should be made annually. The unspent balance in the year shall be transferred to following year for spending as prescribed.
3. Part or whole of fees from public services provided by organizations as assigned by competent state agencies shall be used to pay off expenses for provision of services, collection of fees and the remaining be paid to state budget; Management and use of fees are prescribed by the law.
4. The Government shall detail this Article.
Article 13. Collection and payment of charges
1. Collectors should pay all collected charges to state budget in a timely manner.
2. Expenses for collection of charges shall be allocated by state budget in collectors' cost estimates according to regulations and limits of the state budget.
Chapter IV
RIGHTS AND RESPONSIBILITY OF COLLECTORS AND PAYERS
Article 14. Collectors
1. Make public announcement on collectors-owned portals fee-collecting points, name of fees, charges, level of fees and charges, collection, payers, persons entitled to exemptions, remissions and relevant legislative documents.
2. Establish and issue receipts to payers as prescribed;
3. Perform accounting practices; make regular reports on collection, payment and use of fees, charges; carry out financial disclosure as prescribed;
4. Perform separate accounting for each kind of fees, charges;
5. Make reports on collection, payment, management and use of fees and charges;
Article 15. Payers
1. Pay fees and charges in a timely manner as prescribed;
2. Receive written acknowledgement of receipts of amount of fees and charges paid;
Article 16. Prohibited acts and handling of violations
1. Prohibited acts:
a) Regulatory agencies, public service providers, organizations and individuals organize collection of fees and charges on their own initiatives;
b) Carry out collection, payment, management and use of fees in opposition with laws;
2. Any act in breach of laws on fees and charges shall be disciplined, penalized for administrative violations or liable to criminal prosecution depending nature and severity of the violations.
Chapter V
AUTHORITY AND RESPONSIBILITY OF REGULATORY AGENCIES FOR MANAGEMENT OF FEES AND CHARGES
Article 17. Authority of Standing committee of the National Assembly
1. Make decisions on amendments, supplements or postponement of a number of fees and charges at the request of the Government and make the report to the National Assembly in the next meeting session.
2. Make decision on level of collection, payment, management and use of legal fees and charges;
Article 18. Authority and responsibility of Government
1. Unify state administration on fees and charges;
2. Make submission of a number of fees and charges to the Standing committee of the National Assembly for amendments, supplements.
3. Stipulate level of fees and charges, collection, payment, management and use of fees and charges within competence;
4. Make submission to the Standing committee of the National Assembly for stipulating collection, exemptions, remission, payment, management and use of legal fees and charges;
5. Provide guidance on unification of fees and charges in the list of fees and charges enclosed herewith;
Article 19. Authority and responsibility of Ministry of Finance
1. Assist the Government with unifying state administration on fees and charges;
2. Promulgate legislative documents on fees and charges within competence or make the submission to the Government for promulgation;
3. Stipulate level of fees and charges, collection, payment, management and use of fees and charges within competence;
4. Organize and instruct collection, payment, management and use of fees and charges;
5. Investigate, inspect and handle violations in activities of collection, payment, management and use of fees and charges according to law provisions;
6. Handle complaints, denunciations on fees and charges according to law provisions;
Article 20. Responsibility of Supreme People’s Court, Supreme People’s Procuracy, ministerial-level agencies and Governmental agencies
1. Direct, instruct and organize implementation of the Law on Fees and Charges within branches and sectors within management;
2. Investigate, inspect and handle violations in activities of collection, payment, management and use of fees and charges within branches, sectors under management;
3. Make reports on collection, payment, management and use of fees and charges within branches, sectors under management;
4. Submit proposal for activities requiring collection of fees, charges to the Ministry of Finance for making report to the Government and the Standing committee of the National Assembly for amendments and supplements; submit proposal for level of fees, charges, collection, payment, exemptions, remission, management and use of specific kind of fees, charges within branches, sectors to the Government or the Ministry of Finance;
Article 21. Authority of provincial People’s Councils
1. Decide level of collection, exemptions, remissions, payment, management and use of fees and charges within competence;
2. Review and provide suggestions to People’s committees of provinces for making proposal to the Government and the Standing committee of the National Assembly for amendments, supplements and postponement of fees and charges within competence;
Article 22. Authority and responsibility of People’s committees of provinces
1. Make submission to provincial People’s Councils for decisions on level of collection, exemptions, remissions, payment, management and use of fees and charges within competence;
2. Make report on collection of fees and charges in localities to regulatory agencies at higher level and provincial People’s Councils;
3. Investigate, inspect and handle violations in activities of collection, payment, management and use of fees and charges according to law provisions;
4. Handle complaints, denunciations on fees and charges according to law provisions;
5. Make report to People’s Council for supplements, amendments or postponement of fees and charges within its competence before making proposal to the Government and the Standing committee of the National Assembly for decisions;
Chapter VI
IMPLEMENTARY PROVISIONS
Article 23. Effect
1. This Law takes effect since January 01, 2017.
2. Following regulations shall be amended or annulled:
a) Clause 3, Article 75 of the Law on Inland Waterway Navigation No. 23/2004/QH11 which was amended and supplemented according to the Law No. 48/2014/QH13 is hereby annulled;
b) Sub-paragraph a, Paragraph 2, Article 74 of the Law on Railway No. 35/2005/QH11 is annulled.
c) Phrases "Admission fee" in Articles 101 and 105 of the Law on Education No. 38/2005/QH11 which was amended and supplemented according to the Law No. 44/2009/QH12, Articles 64, 65 of the Law on Higher Education No. 08/2012/QH1, Articles 28 and 29 of the Law on Vocational Education No. 74/2014/QH13 are annulled.
d) Clause 4, Article 18 of the Law on Health insurance No. 25/2008/QH12 which was amended or supplemented according to the Law No. 46/2014/QH13 is hereby annulled;
dd) Article 25 and Paragraph 3, Article 15 of the Law on Independent audit No. 67/2011/QH12 is annulled.
e) Chapter IV – A on license tax as prescribed in the Standing committee of the National Assembly’s Resolution No. 200/NQ-TVQH dated January 18, 1966 defining trade and industry tax on cooperatives, cooperative organizations and individual business households amended and supplemented according to Ordinance No. 10-LCT/HĐNN7 dated February 26, 1983 amending and supplementing a number of articles of trade and industry tax, Ordinance dated November 17, 1987 amending and supplementing a number of articles on trade and industry tax and regulations on commodity tax, Ordinance dated March 03, 1989 amending and supplementing a number of articles of the Ordinance and Statute on trade and industry tax and commodity tax is hereby annulled.
3. The Ordinance No. 38/2001/PL-UBTVQH10 on fees and charges and Ordinance No. 10/2009/PL-UBTVQH12 on legal fees and charges shall become invalid since this Law takes effect.
Article 24. Transitional provisions
Fees in the list of fees and charges accompanied by the Ordinance on Fees and Charges No. 38/2001/PL-UBTVQH10 transferred into price mechanism defined by the State according to the list in Appendix 2 enclosed herewith shall be executed according to the Law on Price since this Law takes effect.
Article 25. Detailed regulations
The Government shall detail provisions prescribed hereof.
This Law has been ratified in the 10th Meeting Session of the Thirteenth National Assembly in November 25, 2015.
| CHAIRMAN OF NATIONAL ASSEMBLY |
APPENDIX 01
LIST OF FEES, CHARGES
(Enclosed with the Law on Fees and Charges No. 97/2015/QH13)
A. LIST OF FEES
No. | NAME OF FEES | AGENCIES IN CHARGE |
I | FEES PERTAINING TO AGRICULTURE, FORESTRY AND FISHERIES | |
1 | Fees for quarantine |
|
1.1 | Fees for animal and plant quarantine | Ministry of Finance |
1.2 | Fees for animal product quarantine | Ministry of Finance |
2 | Fees for animal slaughter control | Ministry of Finance |
3 | Fees for prevention, fighting of animal diseases | Ministry of Finance |
4 | Fees for protection of aquatic resources | Ministry of Finance |
5 | Fees for monitoring disinfection of plant quarantine targets | Ministry of Finance |
6 | Fees for protection of varieties in the areas of agriculture, forestry and fisheries | Ministry of Finance |
7 | Fees for selection and recognition of parent plants, seed forest trees | * Ministry of Finance (with respect to activities of selection and recognition performed by central agencies) * Provincial People’s Councils (with respect to activities of selection and recognition performed by local agencies) |
8 | Fees for testing food safety for imported agricultural, forestry and fisheries products | Ministry of Finance |
9 | Fees for agricultural assessment |
|
9.1 | Fees for assessment and issuance of certificates for exported products at the request of importing countries | Ministry of Finance |
9.2 | Fees for assessment and certification of knowledge of food safety in the areas of agriculture, forestry and fisheries | Ministry of Finance |
9.3 | Fees for assessment and certification of origin of fishery raw materials | Ministry of Finance |
9.4 | Fees for assessment and issuance of licenses, certificates for agricultural, forestry and fishery materials | Ministry of Finance |
9.5 | Fees for assessment of conditional business in the areas of agriculture, forestry and fisheries | Ministry of Finance |
9.6 | Fees for assessment and recognition or appointment and monitoring of laboratories in the areas of agriculture, forestry and fisheries | Ministry of Finance |
10 | Fees for registration of technical safety of fishing vessels and inspection of fishing facilities | Ministry of Finance |
II | FEES PERTAINING TO INDUSTRY, TRADE, INVESTMENT AND CONSTRUCTION | |
1 | Fees for use of infrastructure, service and public utilities in the area of checkpoints | Provincial People’s Councils |
2 | Fees for assessment of dossiers of purchase, sale, lease of ships, boats and aircraft |
|
2.1 | Fees for assessment of dossiers of purchase, sale, lease of ships, boats | Ministry of Finance |
2.2 | Fees for assessment of dossiers of purchase, sale, lease of aircraft | Ministry of Finance |
2.3 | Fees for assessment of dossiers of purchase, sale, lease of vessels | Ministry of Finance |
3 | Fees for assessment of investment projects |
|
3.1 | Fees for assessment and approval for investment with respect to urban development projects | Ministry of Finance |
3.2 | Fees for assessment of planning projects | Ministry of Finance |
3.3 | Fees for assessment of investment and construction projects | Ministry of Finance |
3.4 | Fees for assessment of fundamental designs | Ministry of Finance |
3.5 | Fees for assessment of technical designs | Ministry of Finance |
3.6 | Fees for assessment of construction estimate | Ministry of Finance |
4 | Fees for handling of competitions cases |
|
4.1 | Fees for handling of complaints | Ministry of Finance |
4.2 | Fees for handling of independent requests by relevant individuals | Ministry of Finance |
4.3 | Fees for assessment of application for fee exemptions in the handling of competitions cases | Ministry of Finance |
5 | Fees for assessment and issuance of licenses for use of industrial explosives | Ministry of Finance |
6 | Fees in the areas of chemistry |
|
6.1 | Fees for assessment and issuance of licenses for production of DOC, DOC-PSF chemicals | Ministry of Finance |
6.2 | Fees for assessment and approval for chemical incident response and prevention plan | Ministry of Finance |
6.3 | Fees for assessment and confirmation of chemical incident response and prevention plan | Ministry of Finance |
6.4 | Fees for assessment and issuance of licenses, Certificates of satisfaction of conditions for chemical trading within the lists of chemicals subject to restricted and conditional production and trading | Ministry of Finance |
7 | Fees for assessment of conditions and standards of branches within the areas of agriculture, trade and construction |
|
7.1 | Fees for assessment and issuance of licenses for electrical operation | Ministry of Finance |
7.2 | Fees for assessment and issuance of certificates of multi-level marketing registration | Ministry of Finance |
7.3 | Fees for assessment of conditions and standards of branches within the areas of construction | Ministry of Finance |
7.4 | Fees for assessment of conditions of e-commerce activities | Ministry of Finance |
7.5 | Fees for assessment of conditional business in the areas of industry | Ministry of Finance |
7.6 | Fees for assessment of conditions of goods and services subject to restricted trading; goods and services subject to conditional trading in the area of commerce | Ministry of Finance |
8 | Fees for provision of enterprise information | Ministry of Finance |
9 | Fees for certificates of origin (C/O) | Ministry of Finance |
III | FEES PERTAINING TO FOREIGN AFFAIRS | |
1 | Fees for confirmation of citizen registration | Ministry of Finance |
2 | Fees for issuance of visas and other entry and exit papers to foreigners | Ministry of Finance |
3 | Fees for receipt and delivery of applications, proof for Vietnamese legal persons and citizens | Ministry of Finance |
4 | Fees for consular certification and legalization | Ministry of Finance |
IV | FEES PERTAINING TO NATIONAL SECURITY AND DEFENSE | |
1 | Fees for fire prevention and fighting |
|
1.1 | Fees for assessment and approval for fire prevention and fighting design | Ministry of Finance |
1.2 | Fees for inspection of fire prevention and fighting equipment | Ministry of Finance |
2 | Fees for assessment of conditions and standards of branches within the areas of national security and defense | Ministry of Finance |
3 | Fees for exploitation and use of information from national database about population | Ministry of Finance |
4 | Fees for assessment and issuance of licenses for production and trading of civil cryptography products; certificates of standard conformity for civil cryptography products; certificates of conformity for civil cryptography products | Ministry of Finance |
5 | Fees for tests and issuance of certificates of professional competence in security | Ministry of Finance |
V | FEES PERTAINING TO TRANSPORT | |
1 | Fees pertaining to road traffic |
|
1.1 | Fees for use of roads | * Ministry of Finance with respect to roads under central management |
1.2 | Fees for temporary use of road-beds, street pavements | Provincial People’s Councils |
1.3 | Fees for driver testing | Ministry of Finance |
2 | Fees pertaining to sea, inland waterways |
|
2.1 | Fees for use of anchorages | Ministry of Finance |
2.2 | Fees for marine security | Ministry of Finance |
2.3 | Fees for inspection, evaluation and issuance of international certificates of marine security | Ministry of Finance |
2.4 | Fees for assessment and issuance of certificates of trading of marine transport services and transport support services | Ministry of Finance |
2.5 | Fees for confirmation of sea protests | Ministry of Finance |
2.6 | Fees for assessment of marine security, approval for marine security plan and issuance of ship’s logs | Ministry of Finance |
2.7 | Fees for assessment and public announcement of bridges, ports, waters, marine notices; inland ports, inland wharves | Ministry of Finance |
2.8 | Fees for assessment and issuance of operation licenses to ports, inland ports and inland wharves | Ministry of Finance |
2.9 | Fees for ship payloads | Ministry of Finance |
2.10 | Fees for assessment and approval for security plan with respect to inland ports receiving foreign watercraft | Ministry of Finance |
2.11 | Fees for navigable channels of inland waterways | Ministry of Finance |
2.12 | Fees for reports on inland waterways | Ministry of Finance |
2.13 | Fees for organizing tests and issuance of certificates of professional competence to captains, chief engineers | Ministry of Finance |
3 | Fees for use of railway infrastructure | Ministry of Finance |
4 | Fees pertaining to aviation |
|
4.1 | Fees for assessment and issuance of certificates of satisfaction of requirements for flights to aircrafts | Ministry of Finance |
4.2 | Fees for assessment and issuance of certificates of aircraft types, certificates of satisfaction of technical conditions of aeronautical equipment; | Ministry of Finance |
4.3 | Fees for provision of information from aircraft register | Ministry of Finance |
4.4 | Fees for concession of rights to exploitation of airports and airfields | Ministry of Finance |
4.5 | Fees for flights across Vietnam’s airspace | Ministry of Finance |
4.6 | Fees for analysis of flight data | Ministry of Finance |
4.7 | Fees for assessment and issuance of certificates, licenses in the areas of civil aviation; issuance of permits for access to restricted zones at airports and airfields | Ministry of Finance |
4.8 | Fees for conducting tests and issuance of licenses to airline staff | Ministry of Finance |
VI | FEES PERTAINING TO INFORMATION AND COMMUNICATIONS | |
1 | Fees for use of radio frequencies | Ministry of Finance |
2 | Fees for maintenance and use of domains and Internet addresses |
|
2.1 | Fees for maintenance and use of national domain .vn | Ministry of Finance |
2.2 | Fees for maintenance and use of IP | Ministry of Finance |
3 | Fees for use of telecommunication codes, numbers | Ministry of Finance |
4 | Fees for rights to communication operation |
|
4.1 | Fees for establishment of public telecommunications network | Ministry of Finance |
4.2 | Fees for supply of telecommunications services | Ministry of Finance |
4.3 | Fees for tests of telecommunications network and services | Ministry of Finance |
4.4 | Fees for establishment of private telecommunications network | Ministry of Finance |
4.5 | Fees for installation of submarine telecommunications cable | Ministry of Finance |
5 | Fees for assessment of conditions for telecommunications activities | Ministry of Finance |
6 | Fees for assessment of conditions for postal activities | Ministry of Finance |
7 | Fees for maintenance of digital certificate status examination | Ministry of Finance |
8 | Fees for supply of paid TV services | Ministry of Finance |
9 | Fees for assessment of content of games online | Ministry of Finance |
10 | Fees for assessment and issuance of certificates of standard conformity and certificates of conformity in the areas of information safety | Ministry of Finance |
11 | Fees for assessment and issuance of business certificates for internet safety products and services | Ministry of Finance |
VII | FEES PERTAINING CULTURE, SPORTS AND TOURISM | |
1 | Fees for sight-seeing tours |
|
1.1 | Fees for tours of scenic beauties | * Ministry of Finance with respect to the works under central management |
1.2 | Fees for tours of historical remains | * Ministry of Finance with respect to the works under central management |
1.3 | Fees for tours of cultural works and museums | * Ministry of Finance with respect to the works under central management |
2 | Fees for assessment of cultural products |
|
2.1 | Fees for assessment of content of imported, exported cultural products | Ministry of Finance |
2.2 | Fees for assessment of script of films and classification of films | Ministry of Finance |
2.3 | Fees for assessment of art performance shows; content of art performance shows on discs, software products and other materials | Ministry of Finance |
2.4 | Fees for assessment of content of not-for-business publications | Ministry of Finance |
2.5 | Fees for assessment and issuance of licenses for cooperation, joint undertaking in production of films, supply of film production services to foreign organizations and individuals | Ministry of Finance |
3 | Fees for assessment of requirements for practicing in the areas of culture, sports and tourism |
|
3.1 | Fees for assessment and classification of lodging establishments, service trading establishments qualified for serving tourists | Ministry of Finance |
3.2 | Fees for assessment and issuance of international travel business licenses | Ministry of Finance |
3.3 | Fees for assessment and issuance of tour guide cards | Ministry of Finance |
3.4 | Fees for assessment of applications for issuance of certificates of practicing in the areas of sports | Ministry of Finance |
3.5 | Fees for assessment and issuance of certificates of satisfaction of conditions for operation of professional sports establishments | Provincial People’s Councils |
3.6 | Fees for assessment and issuance of licenses for karaoke and discotheque business | Ministry of Finance |
4 | Library fees | * Ministry of Finance with respect to libraries under central management |
5 | Fees for storage, consignment and use of archives | Ministry of Finance |
6 | Fees for registration for copyrights, copyright-related rights | Ministry of Finance |
VIII | FEES PERTAINING TO HEALTH |
|
1 | Fees for assessment and issuance of medical examination papers | Ministry of Finance |
2 | Fees for examination and issuance of licenses to sell, import, export and announce medical equipment | Ministry of Finance |
3 |
| |
3.1 | Fees for examination and issuance of licenses for circulation, importation, certification and announcement in the areas of pharmaceuticals and cosmetics | Ministry of Finance |
3.2 | Fees for examination and issuance of licenses for circulation, importation, certification and announcement of chemicals for domestic and medical use | Ministry of Finance |
3.3 | Fees for examination and issuance of licenses for importation, exportation and certification of pesticides, disinfectants for domestic and medical use | Ministry of Finance |
3.4 | Fees for examination and issuance of licenses for circulation, importation, certification and announcement in the areas of food safety | Ministry of Finance |
4 | Fees for assessment of standards and conditions for practicing in the areas of health |
|
4.1 | Fees for assessment and issuance of licenses for addiction treatment facilities | Ministry of Finance |
4.2 | Fees for assessment of conditions for practicing in the areas of food safety | Ministry of Finance |
4.3 | Fees for assessment and issuance of licenses to facilities that have satisfied conditions for sex reassignment | Ministry of Finance |
4.4 | Fees for assessment of standards and conditions for practicing in the areas of pharmaceuticals and cosmetics | Ministry of Finance |
4.5 | Fees for assessment of operation of medical examination and treatment facilities; conditions for practicing medical examination and treatment | Ministry of Finance |
4.6 | Fees for assessment of standards and conditions for practicing in the areas of medical equipment | Ministry of Finance |
IX | FEES PERTAINING TO NATURAL RESOURCES AND ENVIRONMENT | |
1 | Fees for environmental protection |
|
1.1 | Fees for wastewater | Government |
1.2 | Fees for exhaust | Government |
1.3 | Fees for mineral extraction | Government |
1.4 | Fees for assessment of environmental impact assessment reports, detailed environmental protection project | * Ministry of Finance with respect to the assessment conducted by central agencies; * Provincial People’s Councils with respect to the assessment conducted by local agencies; |
1.5 | Fees for assessment of plan for environmental remediation | * Ministry of Finance with respect to the assessment conducted by central agencies; Provincial People’s Councils with respect to the assessment conducted by local agencies |
2 | Fees for assessment and issuance of certificates of free sale (CFS) for imported, exported products of geodesy and cartography | Ministry of Finance |
3 | Fees for assessment of applications for land use right certificates | Provincial People’s Councils |
4 | Fees for assessment of mineral reserves | Ministry of Finance |
5 | Fees for exploitation and use of water sources |
|
5.1 | Fees for assessment of projects, reports on survey, exploitation and use of underground water | * Ministry of Finance with respect to the assessment conducted by central agencies; Provincial People’s Councils with respect to the assessment conducted by local agencies |
5.2 | Fees for assessment of conditions for practicing drilling water underground | * Ministry of Finance with respect to the assessment conducted by central agencies; Provincial People’s Councils with respect to the assessment conducted by local agencies |
5.3 | Fees for assessment of projects on exploitation and use of surface water, seawater | * Ministry of Finance with respect to the assessment conducted by central agencies; Provincial People’s Councils with respect to the assessment conducted by local agencies |
5.4 | Fees for assessment of projects on discharge of wastewater into water sources, irrigation works | * Ministry of Finance with respect to the assessment conducted by central agencies; Provincial People’s Councils with respect to the assessment conducted by local agencies |
6 | Fees for assessment of conditions for practicing in the areas of natural resources and environment |
|
6.1 | Fees for assessment and issuance of certificates of biosafety and genetic modification | Ministry of Finance |
6.2 | Fees for assessment of conditions for activities of environmental monitoring | Ministry of Finance |
6.3 | Fees for assessment and issuance of licenses for importation of scrap, treatment of hazardous waste | Ministry of Finance |
6.4 | Fees for assessment and issuance of licenses for activities of geodesy and cartography | Ministry of Finance |
6.5 | Fees for assessment and issuance of licenses or written approval to foreign organizations and individuals for conducting scientific research in territorial waters of Vietnam | Ministry of Finance |
7 | Fees for exploitation and use of data, figures about natural resources and environment |
|
7.1 | Fees for exploitation and use of oil and gas documents | Ministry of Finance |
7.2 | Fees for exploitation and use of land documents | Provincial People’s Councils |
7.3 | Fees for exploitation and use of documents on deposit survey and extraction | Ministry of Finance |
7.4 | Fees for exploitation and use of documents on geology and minerals | Ministry of Finance |
7.5 | Fees for exploitation and use of information about meteorology | Ministry of Finance |
7.6 | Fees for exploitation and use of data from national remote sensing | Ministry of Finance |
7.7 | Fees for exploitation and use of data about environment | Ministry of Finance |
7.8 | Fees for exploitation and use of data about natural resources and environment of sea and islands | Ministry of Finance |
8 | Fees for assessment of environmental protection plan in ship breaking activities | Ministry of Finance |
9 | Fees for certification of satisfaction of conditions of environmental protection for importation of raw materials | Ministry of Finance |
10 | Fees for exploitation and use of information about geodesy and cartography | Ministry of Finance |
X | FEES PERTAINING TO SCIENCE AND TECHNOLOGY | |
1 | Fees for intellectual property |
|
1.1 | Fees for assessment of industrial property | Ministry of Finance |
1.2 | Fees for looking up information about industrial property | Ministry of Finance |
1.3 | Fees for assessment of international registration for Vietnam-originated industrial property | Ministry of Finance |
1.5 | Fees for making announcement and registering information about industrial property | Ministry of Finance |
1.6 | Fees for use of diploma in intellectual property | Ministry of Finance |
1.7 | Fees for assessment of international registration for Vietnam-originated industrial property | Ministry of Finance |
2 | Fees for issuance of codes, bar codes |
|
2.1 | Fees for issuance and instructions on use of codes, bar codes | Ministry of Finance |
2.2 | Fees for maintenance of codes, bar codes | Ministry of Finance |
2.3 | Fees for use of enterprise codes, GLN, EAN-8 | Ministry of Finance |
2.4 | Fees for use of foreign codes | Ministry of Finance |
3 | Fees for use of services in the areas of atomic energy | Ministry of Finance |
4 | Fees for assessment of safety in nuclear radiation and security |
|
4.1 | Fees for assessment and issuance of licenses for operation and use of irradiators | Ministry of Finance |
4.2 | Fees for assessment and issuance of licenses for production, processing and use of radioactive substances | Ministry of Finance |
4.3 | Fees for assessment and issuance of licenses for survey, exploitation and processing of radioactive ores | Ministry of Finance |
4.4 | Fees for assessment and issuance of licenses for treatment and storage of radioactive waste and used radiation sources | Ministry of Finance |
4.5 | Fees for examination and issuance of licenses for construction of radiation facilities | Ministry of Finance |
4.6 | Fees for examination and issuance of licenses for modification of scale and scope of operation of radiation facilities; licenses for termination of operation of radiation facilities | Ministry of Finance |
4.7 | Fees for assessment and issuance of licenses for importation and exportation of radioactive substances, nuclear materials, source materials, nuclear equipment | Ministry of Finance |
4.8 | Fees for assessment and issuance of licenses for packaging and transportation of radioactive materials, nuclear materials, source materials and radioactive waste | Ministry of Finance |
4.9 | Fees for assessment and issuance of licenses for transportation of radioactive substances in transit in Vietnam’s territory | Ministry of Finance |
4.10 | Fees for assessment and issuance of licenses for nuclear power plants, nuclear reactors | Ministry of Finance |
5 | Fees for assessment of plan for coping with nuclear and radiation accidents | Ministry of Finance |
6 | Fees for assessment of requirements for issuance of atomic energy application support service certificates | Ministry of Finance |
7 | Fees for assessment of contract for technology transfers | Ministry of Finance |
8 | Fees for assessment of requirements for science and technology activities | Ministry of Finance |
XI | FEES PERTAINING TO FINANCE, BANKING, INSURANCE | |
1 | Fees for management and supervision of activities of stock exchange, insurance, accounting and auditing |
|
1.1 | Fees for management and supervision of stock exchanges | Ministry of Finance |
1.2 | Fees for management and supervision of insurance | Ministry of Finance |
1.3 | Fees for management and supervision of accounting and auditing | Ministry of Finance |
2 | Fees for State treasure payment services | Ministry of Finance |
3 | Customs fees | Ministry of Finance |
4 | Fees for assessment of requirements for practicing in the areas of finance |
|
4.1 | Fees for assessment and issuance of certificates of electronic casino game business | Ministry of Finance |
4.2 | Fees for assessment and issuance of certificates of practicing accounting and auditing services, certificates of accounting and auditing service business | Ministry of Finance |
4.3 | Fees for assessment and issuance of certificates of eligibility to provide valuation services | Ministry of Finance |
XII | FEES PERTAINING TO JUSTICE | |
1 | Court fees |
|
1.1 | Criminal court fees | Standing Committee of National Assembly |
1.2 | Civil court fees | Standing Committee of National Assembly |
1.3 | Economic court fees | Standing Committee of National Assembly |
1.4 | Labor court fees | Standing Committee of National Assembly |
1.5 | Administrative court fees | Standing Committee of National Assembly |
2 | Fees for provision of information about secured transactions |
|
2.1 | Fees for provision of information about secured transactions involving rights to use of land and land-linked properties | * The Ministry of Finance or Provincial People’s Councils |
2.2 | Fees for provision of information about secured transactions involving airplanes | * The Ministry of Finance or Provincial People’s Councils |
2.3 | Fees for provision of information about secured transactions involving ships | * The Ministry of Finance or Provincial People’s Councils |
2.4 | Fees for provision of information about secured transactions involving movable assets except airplanes, ships | * The Ministry of Finance or Provincial People’s Councils |
3 | Notary fees | Ministry of Finance |
4 | Fees for authentication |
|
4.1 | Fees for certification of true copies | Ministry of Finance |
4.2 | Fees for authentication of signatures | Ministry of Finance |
4.3 | Fees for authentication of transaction contracts | Ministry of Finance |
5 | Fees for civil enforcement | Ministry of Finance |
6 | Fees for execution of judicial entrustment in civil matters with alien attributes | Ministry of Finance |
7 | Fees for assessment of requirements for judicial activities | Ministry of Finance |
8 | Fees for registration of secured transactions | * The Ministry of Finance or Provincial People’s Councils depending on registration |
9 | Fees for use of information |
|
9.1 | Fees for provision of information about judicial records | Ministry of Finance |
9.2 | Fees for confirmation of Vietnamese nationality | Ministry of Finance |
9.3 | Fees for confirmation of native of Vietnam | Ministry of Finance |
9.4 | Fees for exploitation and use of information from database about birth, marriage and death | Ministry of Finance |
10 | Fees for supply of codes to get access to database about secured transactions | Ministry of Finance |
XIII | Other fees | |
1 | Fees for assessment of standards and requirements for practicing according to law provisions | Ministry of Finance |
2 | Fees for recruitment, examination for promotion of ranks, grades of officials and civil servants | Ministry of Finance |
3 | Fees for assessment and issuance of certificate of free sale for products and goods according to law provisions | Ministry of Finance |
4 | Fees for verification of papers, documents |
|
4.1 | Fees for verification of papers, documents at the request of organizations and individuals at home | Ministry of Finance |
4.2 | Fees for verification of papers, documents at the request of organizations and individuals abroad | Ministry of Finance |
B. LIST OF CHARGES
No. | NAMES OF CHARGES | AGENCIES IN CHARGE | |
I | CHARGES FOR STATE ADMINISTRATION RELATING TO RIGHTS AND OBLIGATIONS OF CITIZENS | ||
1 | Charges for nationality registration | Ministry of Finance | |
2 | Charges for residence registration | * The Ministry of Finance or Provincial People’s Councils depending on activity | |
3 | Charges for issuance of identity cards | * The Ministry of Finance or Provincial People’s Councils depending on activity | |
4 | Charges for birth, marriage and death registration | Provincial People’s Councils | |
5 | Charges for issuance of passports |
| |
5.1 | Charges for issuance of passports | Ministry of Finance | |
5.2 | Fees for issuance of laissez-passers | Ministry of Finance | |
5.3 | Fees for issuance of exit permits | Ministry of Finance | |
6 | Court charges |
| |
6.1 | Charges for recognition and acceptance of enforcement of a judgement, a civil decision made by Foreign Court in Vietnam; a decision made by a foreign arbitrator; | Standing Committee of National Assembly | |
6.1.1 | Charges for recognition and acceptance of enforcement of a judgement, a civil, employment, business, commercial, criminal, and administrative decision made by Foreign Court in Vietnam; | Standing Committee of National Assembly | |
6.1.2 | Charges for not recognizing a judgement, a civil, employment, business, commercial, criminal, and administrative decision made by Foreign Court without request for enforcement in Vietnam | Standing Committee of National Assembly | |
6.1.3 | Charges for recognition and acceptance of enforcement of a decision made by a foreign arbitrator in Vietnam | Standing Committee of National Assembly | |
6.2 | Charges for handling civil matters | Standing Committee of National Assembly | |
6.3 | Charges for handling civil matters in connection with Vietnamese arbitration | Standing Committee of National Assembly | |
6.4 | Charges for submission of request for opening bankruptcy proceedings | Standing Committee of National Assembly | |
6.5 | Charges for consideration of legality of strikes | Standing Committee of National Assembly | |
6.6 | Charges for capturing ships, airplanes | Standing Committee of National Assembly | |
6.7 | Fees for execution of judicial entrustment by Foreign Court in Vietnam | Standing Committee of National Assembly | |
6.8 | Charges for issuance of copy of Court papers, documents | Standing Committee of National Assembly | |
6.8.1 | Charges for making copy of documents, evidence in case records made by the Court | Standing Committee of National Assembly | |
6.8.2 | Charges for issuance of copy of a judgement, decision made by the Court | Standing Committee of National Assembly | |
6.8.3 | Charges for issuance of certificates of expungement of criminal record | Standing Committee of National Assembly | |
6.8.4 | Charges for issuance of copy of other Court papers | Standing Committee of National Assembly | |
6.9 | Charges for sending procedural documents abroad | Standing Committee of National Assembly | |
6.10 | Charges for judicial entrustment overseas | Standing Committee of National Assembly | |
7 | Charges for issuance of labor licenses to expatriate workers in Vietnam | Provincial People’s Councils with respect to licensing made by local agencies | |
8 | Charges for issuance of licenses to employees working overseas for a specified period | Ministry of Finance | |
9 | Charges for child adoption registration |
| |
9.1 | Charges for domestic adoption registration | The Government | |
9.2 | Charges for intercountry adoption registration | The Government | |
9.3 | Charges for registration of adoption at representative agencies | The Government | |
10 | Charges for licensing adoption agencies | The Government | |
II | CHARGES FOR STATE ADMINISTRATION RELATING TO RIGHTS TO OWNERSHIP AND USE OF PROPERTIES | ||
1 | Registration charges | The Government | |
2 | Charges for issuance of certificates of land use right, house and land-linked property ownership | Provincial People’s Councils | |
3 | Fees for issuance of construction permit | Provincial People’s Councils | |
4 | Fees for issuance of planning permit | Ministry of Finance | |
5 | Charges for management of means of transport |
| |
5.1 | Charges for registration and issuance of number plates to means of transport; inland watercraft | Ministry of Finance | |
5.2 | Charges for registration and issuance of special use vehicles | Ministry of Finance | |
5.3 | Charges for issuance of certificates to airplanes | Ministry of Finance | |
6 | Charges in the areas of maritime |
| |
6.1 | Charges for ship registration | Ministry of Finance | |
6.2 | Charges for certifying participation in insurance or other financial guarantees by ship owners for damage caused by oil pollution | Ministry of Finance | |
6.3 | Charges for leaving and entering ports, wharves, inland wharves | Ministry of Finance | |
6.4 | Charges for issuance of the Declaration of Maritime Labor Compliance I (DMLC I) | Ministry of Finance | |
7 | Fees for intellectual property |
| |
7.1 | Fees for intellectual property | Ministry of Finance | |
7.2 | Charges for issuance of diplomas in property rights, certificates of ownership transfer agreement registration | Ministry of Finance | |
7.3 | Charges for maintenance, extension, termination or postponement of validity of diplomas in property protection | Ministry of Finance | |
III | CHARGES FOR STATE ADMINISTRATION RELATING TO PRODUCTION AND BUSINESS | ||
1 | Charges for enterprise registration | Ministry of Finance | |
2 | Charges for business registration | Provincial People’s Councils | |
3 | License charges | The Government | |
4 | Charges for issuance of licenses to branches or representative offices of foreign organizations in Vietnam | Ministry of Finance | |
5 | Charges for distribution of digital repository of telecommunications and Internet resources |
| |
5.1 | Charges for distribution of telecommunication codes, numbers | Ministry of Finance | |
5.2 | Charges for registration of use of national domain .vn | Ministry of Finance | |
5.3 | Charges for registration of use of IP address | Ministry of Finance | |
6 | Charges for issuance of telecommunications business certificates and certificates of professional competence in telecommunications |
| |
6.1 | Charges for issuance of telecommunications business certificates | Ministry of Finance | |
6.2 | Charges for issuance of telecommunications business certificates | Ministry of Finance | |
6.3 | Charges for issuance of licenses for establishment of private telecommunications network | Ministry of Finance | |
6.4 | Fees for issuance of licenses for tests of telecommunications network | Ministry of Finance | |
7 | Charges for issuance of diplomas or certificates for operating all types of vehicles | Ministry of Finance | |
8 | Charges for issuance of certificates of quality and technical safety assurance for machinery, equipment, vehicles and substances subject to strict requirements for safety | Ministry of Finance | |
9 | Charges for issuance of stamps for control of tapes, discs having contents | Ministry of Finance | |
10 | Charges for transfer of certificates, credits of greenhouse gas emission reduction | Ministry of Finance | |
11 | Charges for issuance of licenses for importation of publications |
| |
11.1 | Charges for registration of importation of publications for business | Ministry of Finance | |
11.2 | Charges for issuance of licenses for importation of publications not for business | Ministry of Finance | |
12 | Fees for issuance of licenses for use of radio frequencies | Ministry of Finance | |
13 | Fees for issuance of licenses for importation of radio transmitters, receivers equipment | Ministry of Finance | |
14 | Charges for issuance of certificates of registration of provision of foreign programs on paid TV | Ministry of Finance | |
15 | Charges for issuance of sender ID for online advertising | Ministry of Finance | |
16 | Charges for issuance of licenses for importation of information safety products | Ministry of Finance | |
17 | Charges for issuance of certificates to persons working on radiation | Ministry of Finance | |
18 | Charges for issuance of certificates of practicing atomic energy application support services | Ministry of Finance | |
19 | Charges in the areas of standards, metrology and quality |
| |
19.1 | Charges for issuance of registration of declaration of standard compliance, declaration of regulation compliance | Ministry of Finance | |
19.2 | Charges for issuance of certificates of approval for measurement instruments (domestically manufactured or imported) | Ministry of Finance | |
19.3 | Charges for issuance of recognition of capacity for testing measurement instruments | Ministry of Finance | |
20 | Charges for issuance of licenses for management and use of weapons, explosive materials, supporting tools and firecrackers | Ministry of Finance | |
21 | Fees for issuance of construction permits |
| |
21.1 | Fees for issuance of construction permits to foreign contractors | Ministry of Finance | |
21.2 | Fees for issuance of certificates of qualification for construction activities | Ministry of Finance | |
21.3 | Fees for issuance of certificates of practicing in construction activities to individuals | Ministry of Finance | |
22 | Charges for issuance of certificates of practicing as real estate brokers | Ministry of Finance | |
23 | Charges for issuance of certificates of practicing as architects and construction engineers; certificates of construction supervision | Ministry of Finance | |
24 | Charges for issuance of licenses for establishment of commodity exchanges | Ministry of Finance | |
25 | Charges for issuance of certificates of practicing construction, construction working monitoring and certificates of compliance | Ministry of Finance | |
26 | Fees for issuance of certificates of satisfaction of requirements for film production and business | Ministry of Finance | |
27 | Charges for issuance of licenses for establishment and operation of credit institutions, licenses for establishment of branches of foreign banks, licenses for establishment of representative offices of foreign credit institutions, other foreign organizations having banking activities | Ministry of Finance | |
28 | Charges for issuance of supply of intermediate payment service to non-bank organizations | Ministry of Finance | |
29 | Fees for issuance of licenses for mineral operation | Ministry of Finance | |
30 | Fees for issuance of sea dumping permits | Ministry of Finance | |
31 | Charges for issuance of licenses, certificates of operation in securities | Ministry of Finance | |
32 | Charges for issuance of or adjustments to certificates of outward investment registration | Ministry of Finance | |
33 | Charges for registration of rights to airplanes | Ministry of Finance | |
34 | Charges for issuance of certificates to establishments eligible for labor environment monitoring | Ministry of Finance | |
35 | Charges for issuance of licenses for importation, exportation of industrial precursors | Ministry of Finance | |
IV | CHARGES FOR STATE ADMINISTRATION ON NATIONAL SOVEREIGNTY | ||
1 | Charges for leaving and entering ports |
| |
1.1 | Charges for leaving and entering ports | Ministry of Finance | |
1.2 | Charges for leaving and entering inland ports, wharves | Ministry of Finance | |
1.3 | Charges for leaving and entering airports, airfields | Ministry of Finance | |
2 | Charges for traveling through mainland, territorial waters |
| |
2.1 | Charges for commodities, cargo and transport vehicles in transit | Ministry of Finance | |
2.2 | Charges for issuance of certificates of survey, design, installation, repairs and maintenance of postal communication, oil & gas, transport works running through Vietnam’s mainland, territorial waters | Ministry of Finance | |
2.3 | Charges for issuance of disembarking permit to foreign seafarers | Ministry of Finance | |
2.4 | Fees for issuance of permits for boarding foreign ships | Ministry of Finance | |
2.5 | Charges for issuance of licenses to Vietnamese nationals and foreigners for operating in journalism, scientific research and tourism in connection with foreign ships, boats | Ministry of Finance | |
3 | Charges for signatures in the areas of oil and gas | Ministry of Finance | |
V | CHARGES FOR STATE MANAGEMENT IN OTHER AREAS | ||
1 | Charges for issuance of certificates of practicing as a lawyer | Ministry of Finance | |
2 | Charges for issuance of notary cards | Ministry of Finance | |
3 | Charges for issuance of certificates of practicing as a asset manager | Ministry of Finance | |
4 | Charges for issuance of narrator’s certificate | Ministry of Finance | |
5 | Charges for issuance of certificates of practicing in veterinary medicine, biological preparations, cultures, chemicals, substances for environmental remediation in aquaculture, livestock production | Ministry of Finance | |
6 | Charges for issuance of certificates of the quarantine of terrestrial animals and their derived products; aquatic products being imported, in transit, temporarily imported for export, moved to another custom post outside the checkpoint area | Ministry of Finance | |
7 | Charges for issuance of licenses for exploitation and operation in fisheries | Ministry of Finance | |
8 | Charges for recognition of quality of agricultural materials eligible for circulation in Vietnam | Ministry of Finance | |
9 | Charges for issuance of licenses for importation, exportation of varieties and genetic resources of agricultural plants | Ministry of Finance | |
|
|
|
|
ANNEX 02
LIST OF PRODUCTS AND SERVICES WITH FEES BEING CONVERTED INTO PRICE FIXED BY THE STATE
No. | NAME OF FEES | NAME OF PRICES |
1 | Irrigation fees | Public products and services of irrigation |
2 | Fees for tests of drug used for animals and plants | Services of testing drug used for animals and plants |
3 | Fees for cadastral measurement and mapping | Service of cadastral measurement and mapping |
4 | Market fees | Service of market kiosk lease |
5 | Fees for use of roads | Use-of-roads service by road construction projects |
6 | Fees for crossing a body of water by boats, ferries | Boat, ferry use service |
7 | Fees for use of ports, stations | Port, station use service |
8 | Fees for navigation | Navigation service |
9 | Fees for verification of transport vehicles | Transport vehicle verification service |
10 | Fees for technical verification for machinery, equipment, materials and substances subject to strict requirements for safety | Service of technical verification for machinery, equipment, materials and substances subject to strict requirements for safety |
11 | Fees for car | Car parking service |
12 | Fees for epidemic disease prevention and combat | Service of inoculation and disinfection of animals, veterinary diagnosis |
13 | Fees for medical quarantine | Medical, defensive medicine quarantine service |
14 | Fees for tests of sample drug, raw materials used for manufacturing drugs, drugs | Service of testing sample drug, raw materials used for manufacturing drugs, drugs |
15 | Fees for environmental protection for solid waste | Domestic solid waste treatment service |
16 | Fees for sanitation | Service of collection and transport of domestic waste |
17 | Fees for stock exchange operation | Stock exchange service |
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