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MINISTRY OF FINANCE OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 7453/BTC-CST
Re: guidelines on the implementation of Circular No. 36/2023/TT-BTC

Hanoi July 19, 2023

 

To: The Ministry of Industry and Trade of Vietnam.

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Regarding the mentioned contents, the Ministry of Finance of Vietnam has the following viewpoints:  

1. Regarding fee collectors

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Article 3 of Circular No. 36/2023/TT-BTC, according to the Law on Foreign Trade Management and requests of the Ministry of Industry and Trade of Vietnam, stipulates: “Fee collectors are the agencies and organizations that issue C/Os specified in Point b Clause 2 Article 1 of this Circular, including: the Ministry of Industry and Trade of Vietnam, other organizations authorized by the Ministry of Industry and Trade of Vietnam to issue C/Os”.

2. Regarding fee management and use

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3. The Ministry of Industry and Trade of Vietnam shall prepare statements and transfers the fees and interests (in the account opened by the Ministry of Industry and Trade at State Treasury) in accordance with Circular No. 74/2022/TT-BTC; management and use the collected fees in accordance with Article 6 of this Circular.”

- Article 6 of Circular No. 36/2023/TT-BTC stipulates: “Article 6. Management and use of collected fees by the Ministry of Industry and Trade of Vietnam

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a) Transfer 100% of the collected fees to central government state budget. The costs of service provision and fee collection shall be covered by to central government state budget.

b) Prepare annual estimates of costs of service provision and fee collection (including the costs of authorization of C/O issuance) within the state budget norms and regulations of law.

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According to the above regulations, fee collectors, which are organizations authorized by the Ministry of Industry and Trade of Vietnam to issue C/Os (including VCCI; Hai Phong Industry and Trade Department; Management Boards of industrial zones - export processing zones), shall transfer all of the collected fees to the account opened by the Ministry of Industry and Trade of Vietnam at State Treasury pending transfer to state budget. The Ministry of Industry and Trade of Vietnam shall summarize, declare, and settle fees for issuance of C/Os according to the Law on Tax Administration.

If the fee collector (Ministry of Industry and Trade of Vietnam or a unit assigned to collect fees for C/O issuance by the Ministry of Industry and Trade of Vietnam) is permitted to cover its operating costs according to Clause 1 Article 4 of Decree No. 120/2016/ND-CP, it may retain 83% of the collected fees to cover the costs of service provision and fee collection (including payments for organizations authorized to perform C/O issuance according to authorization documents). The authorization funding source is 1 revenue source of the authorized units.

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Article 7 of the Law on Fees and Charges stipulates:  “Fee collectors include state agencies, public service providers, and organizations assigned by state competent agencies to provide public services for state management operations”.

According to decisions on functions, tasks, entitlements, and organizational structure of units of the Ministry of Industry and Trade of Vietnam, the Ministry of Industry and Trade of Vietnam shall assign providers of public services (C/O issuance) for people and enterprises as collectors of fees for C/O issuance (via Import and Export Department or Ministry Office) in conformity with Article 7 of the Law on Fees and Charges.

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