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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.

The Ministry of Finance of Vietnam has received Official Dispatch No. 4381/BCT-XNK dated July 6, 2023 of the Ministry of Industry and Trade of Vietnam guiding the implementation of Circular No. 36/2023/TT-BTC dated July 6, 2023 on fees for issuance of certificates of origin (C/O) collection, transfer, management, and use thereof.

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

1. Regarding fee collectors

Clause 1 Article 34 of the Law on Foreign Trade Management stipulates: “The Minister of Industry and Trade of Vietnam shall issue or authorize other organizations to issue certificates of origin”.

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

Article 5 of Circular No. 36/2023/TT-BTC stipulates: “2. By the 5th every month, the collecting organizations mentioned in Article 3 of this Circular shall fully transfer the fees that were collected in the previous month plus (+) interest accrued on to their fee collection accounts opened at credit institutions (if any) to the accounts opened by the Ministry of Industry and Trade of Vietnam at State Treasury pending transfer to state budget.

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- 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

1. Fee collectors shall:

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.

2. In case the fee collector is permitted to use the collected fees to cover its operating costs according to Clause 1 Article 4 of the Government’s Decree No. 120/2016/ND-CP dated August 23, 2016, it may retain 83% of the collected fees to cover the costs of service provision and fee collection as prescribed in Article 5 of Decree No. 120/2016/ND-CP, make payments to organizations authorized to perform C/O issuance and collect fees, and transfer the remaining 17% to central government state budget in accordance with state budget laws”.

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.

3. Regarding the assignment of management units of fees for C/O issuance under the Ministry of Industry and Trade of Vietnam

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”.

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For your information./.

 

 

PP. MINISTER
DEPUTY MINISTER




Cao Anh Tuan

 

1.378

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