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THE MINISTRY OF
FINANCE - THE MINISTRY OF JUSTICE - THE MINISTRY OF FOREIGN AFFAIRS
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.08/1998/BTC-BTP-BNG
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Hanoi, December 31, 1998
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JOINT CIRCULAR
GUIDING THE
COLLECTION, PAYMENT, MANAGEMENT AND USE OF FEES FOR GRANTING, RESTORATION OR
RELINQUISHMENT OF VIETNAMESE NATIONALITY AND FOR GRANTING OF VIETNAMESE
NATIONALITY
CERTIFICATES OR VIETNAMESE NATIONALITY LOSS
CERTIFICATES
Pursuant to Article 6 of Decree
No.104/1998/ND-CP of December 31, 1998 of the Government detailing and guiding
the implementation of the Law on Vietnamese Nationality;
The Ministry of Finance, the Ministry of Justice and the Ministry of Foreign
Affairs hereby jointly guide the collection, payment management and use of fees
for granting, restoration or relinquishment of Vietnamese nationality and for
granting of Vietnamese nationality certificates or Vietnamese nationality loss
certificates, as follows:
I. PAYERS AND NON-PAYERS OF FEE
1. Vietnamese citizens and foreigners, when
filing applications for granting, restoration or relinquishment of Vietnamese
nationality or for Vietnamese nationality certificates or Vietnamese
nationality loss certificates, shall have to pay a fee at the levels prescribed
in Section II.A of this Joint Circular (hereafter referred to as the Circular).
2. The following persons shall be exempt from
the fee payment when applying for granting or restoration of Vietnamese
nationality:
a) Persons with meritorious services to the
construction and defense of Vietnam fatherland;
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II. FEE LEVELS AND FEE COLLECTING AGENCIES
A. THE FEE LEVELS ARE PRESCRIBED AS FOLLOWS:
1. Vietnamese nationality granting : VND
2,000,000
2. Vietnamese nationality restoration: VND
2,000,000
3. Vietnamese nationality relinquishment: VND
2,000,000
4. Granting of a Vietnamese nationality
certificate: VND 500,000
5. Granting of a Vietnamese nationality loss
certificate: VND 500,000.
The fee levels prescribed in Section II.A.5 of
this Circular shall also apply to cases of granting certificates of non-holding
of Vietnamese nationality.
B. THE FEE COLLECTING AGENCIES:
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- In the country, the collecting agencies shall
collect fees in Vietnamese currency; if the applicants pay the fees in foreign
currency(ies), such foreign currency(ies) shall be converted into Vietnamese
currency at the exchange rate(s) announced by the State Bank of Vietnam at the time of payment.
- Outside the country, the collecting agencies
shall base themselves on the fee levels prescribed in Section A above to
determine the fee collection levels in US dollar and calculate them in integral
numbers.
III. MANAGEMENT AND USE OF THE COLLECTED FEES
1. When collecting the fees, the collecting
agencies shall have to use receipts and vouchers uniformly issued by the
Ministry of Finance (the General Department of Tax) and open books to monitor
the collection, payment and use of fees. The shall also have to make annual
settlement reports according to the current regime.
2. The collecting agencies shall be entitled to
deduct 10 per cent of the total collected fee amount to add their operating
funds (considered as operating funds additionally allocated by the State
budget) in service of the verification and examination of dossiers, and cover
other expenses relating to the settlement of dossiers applying for Vietnamese
nationality granting, restoration or relinquishment and for Vietnamese
nationality certificates, Vietnamese nationality loss certificates or
certificates of non-holding of Vietnamese nationality. At the end of each year,
the collecting agencies shall have to report the settlement of the spent fee
amount to the finance agencies in their respective annual settlement reports.
The fee amount which remains unused till December 31 shall be remitted into the
State budget.
3. The remainder (90per cent) after making the
deduction according to the percentage prescribed in Point 2, Section III of
this Circular shall be remitted into the State budget by the collecting
agencies under the following guidance:
- In the country, it shall be remitted into Item
No.046 "Administrative fees" sub-item No.15 according to the
corresponding chapter, category and item of the collecting agency. The
collecting agency shall have to remit such amount within the time limit set by
the local tax agency; and each month’s remitable amount must be fully remitted
not later than the 5th of the following months;
- In foreign countries, it shall be remitted
into the temporary custody fund of the State budget according to provisions of
Circular No.11-TC/TCDN of April 20, 1992 of the Ministry of Finance stipulating
the management of temporary custody funds of the State budget at Vietnamese
diplomatic missions in foreign countries.
IV. IMPLEMENTATION PROVISIONS
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2. This Circular takes effect from January 1st,
1999.
Any problems arising in the course of
implementation of this Circular shall be reported by the collecting agencies to
the Ministry of Finance, the Ministry of Justice and the Ministry of Foreign
Affairs for consideration and solution.
FOR THE MINISTER OF
FINANCE
VICE MINISTER
Nguyen Thi Kim Ngan
FOR THE MINISTER OF
JUSTICE
VICE MINISTER
Ha Hung Cuong
FOR THE MINISTER OF
FOREIGN AFFAIRS
VICE MINISTER
Nguyen Dy Nien