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THE
MINISTRY OF FINANCE
THE MINISTRY OF JUSTICE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
03/2007/TTLT-BTC-BTP
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Hanoi,
January 10, 2007
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INTER-MINISTERIAL CIRCULAR
ON
REGIME FOR COLLECTION, PAYMENT, MANAGEMENT AND USE OF FEES FOR REGISTRATION OF,
AND PROVISION OF INFORMATION ON, SECURITY TRANSACTIONS
Pursuant to Decree
57-2002-ND-CP of the Government dated 3 June 2002 providing detailed
regulations for implementation of the Ordinance on Fees and Charges, and
pursuant to Decree 24-2006-ND-CP of the Government dated 6 March 2006 amending
Decree 57-2002-ND-CP above;
Pursuant to Decree 08-2000-ND-CP of the Government dated 10 March 2000 on
registration of security transactions;
Pursuant to Decree 16-2001-ND-CP of the Government dated 2 May 2001 on
organization and operation of finance leasing companies as amended by Decree
65-2005-ND-CP of the Government dated 19 May 2005;
Pursuant to Decree 181-2004-ND-CP of the Government dated 29 October 2004 on
Implementation of the Law on Land;
Pursuant to Decree 49-2006-ND-CP of the Government dated 18 May 2006 on
registration, purchase and sale of ships;
In implementation of the opinion
of the Prime Minister of the Government in Official Letter 7643-VPCP-V.III of
the Government office dated 29 December 2006;
The Ministry of Finance and the
Ministry of Justice jointly provide the following guidelines on the regime for
collection, payment, management and use of fees for registration of, and
provision of information on, security transactions:
I. GOVERNING SCOPE
1. Any organization or
individual applying for registration of a security transaction, of a finance
lease contract or of any other transaction or asset in accordance with law
(hereinafter all referred to as registration of a security transaction) at a
security transaction registration office shall be liable to pay fees for
registration of the security transaction in accordance with the provisions in
this Circular.
2. Any organization or
individual applying to a security transaction registration office for provision
of information about a security transaction and supplied with such information
shall be liable to pay fees for provision of information in accordance with the
provisions in this Circular.
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(a) Registration of a mortgage
of land use right and property attached to land by a family household or
individual with permanent residential registration within a locality and who
[uses such land for] agricultural, forestry, aquaculture or salt mining
production;
(b) An application for amendment
of an error in a certificate of registration of a security transaction or in a
certificate of registration of a finance lease contract when such error was the
fault of the registrar;
(c) An application for
cancellation of registration of a security transaction or finance lease
contract;
(d)2 Registration of and
provision of information about a security transaction relating to assets
attached [or seized] to enforce a judgment, when the enforcement office
provides a notice of such attachment [or seizure] of assets at the Transaction
and Assets Registration Centre.
4. Security transaction
registration offices shall collect registration fees and fees for provision of
information on security transactions pursuant to the provisions in this
Circular, such offices to comprise:
(a) Transaction and Assets
Registration Centres of the National Registry for Registration of Security
Transactions under the Ministry of Justice;
(b) Local Shipping Registration
Offices;
(c) Land Use Right Registration
Offices under the Department of Natural Resources and Environment; Land Use
Right Registration Offices under the Office for Natural Resources and
Environment of district people's committees; Offices for Natural Resources and
Environment in the case of localities which have not established a Land Use
Right Registration Office; and people's committees of wards which have been delegated
authority by the Office for Natural Resources and Environment.
II. AMOUNT OF FEES FOR
REGISTRATION OF, AND PROVISION OF INFORMATION ON, SECURITY TRANSACTIONS
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(a) The amount of fees for
registration of security transactions applicable at all offices stipulated in
sub-clauses (a) and (b) of clause 4 of Section I shall be regulated as follows
(each application file for registration of a security transaction shall be
deemed to be one application for registration for which fees are payable):
No.
Cases
in Which Fees are Payable
Amount
of Fees
(VND per each application)
1.
Registration of a security
transaction:
60,000
2.
Registration of notice of
realization of a security property:
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3.
Registration of extension of a
security transaction:
40,000
4.
Registration of change in
registered contents of a security transaction:
40,000
5.
Application to amend an error
in an application to register a security transaction:
10,000
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(c) The amount of fees for
registration of a security transaction in a number of other circumstances shall
be regulated as follows:
- The fees stipulated in
Decision 69/2006/QD-BTC of the Minister of Finance dated 7 December 2006 shall
apply in the case of an application for registration of a security transaction
pursuant to the Law on Civil Aviation of Vietnam.
- The amount of fees for
registration of a security transaction conducted electronically shall be
stipulated in a separate legal instrument.
2. Amount of Fees Payable for
Provision of Information on a Security Transaction:
(a) The amount of fees for
provision of information on a security transaction applicable at all
Transaction and Assets Registration Centres of the National Registry for
Registration of Security Transactions under the Ministry of Justice shall be as
follows (each instance of provision of information on the name of a securing
party or on a security property shall be deemed to be one application):
No.
Cases
in Which Fees are Payable
Amount
of Fees
(VND per each application)
1.
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10,000
2.
Provision of detailed
information (a letter collating information about security transactions):
30,000
(b) The amount of fees for
provision of information on a security transaction applicable at local
Shipping Registration Offices
shall be thirty thousand (30,000) VND per application.
(c) The people's council of a
province or city under central authority shall make a decision on the specific
amount of fees for provision of information at the security transaction
registration offices stipulated in sub-clause (c) of clause 4 of Section I of
this Circular, consistent with the actual situation of the locality, but the
maximum amount of such fees shall not exceed the amounts stipulated in
sub-clause (a) of this clause.
III. REGIME FOR COLLECTION,
PAYMENT, MANAGEMENT AND USE OF FEES FOR REGISTRATION OF, AND PROVISION OF
INFORMATION ON, SECURITY TRANSACTIONS
1. Any organization or
individual applying for registration of a security transaction or applying for
provision of information on a security transaction must pay the registration
fees or fees for provision of information at the level stipulated in this
Circular when lodging such application, except where the law stipulates some
other time for payment of fees.
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2.3 Fees for registration of
security transactions and fees for provision of information about security
transactions stipulated in this Circular are items of revenue of the State
Budget, and the office collecting such fees shall manage and use them in
accordance with the following provisions:
(a) The security transaction
registration offices stipulated in sub-clause (a) of clause 4 of Section I
shall deduct eighty (80) per cent of the total fees collected prior to paying
them into the State Budget to cover their working costs and services in
accordance with regulations.
(b) The security transaction
registration offices stipulated in sub-clause (b) of clause 4 of Section I
shall deduct fifty (50) per cent of the total fees collected prior to paying
them into the State Budget to cover their working costs and services in
accordance with regulations.
(c) Offices collecting fees
shall be responsible to declare, pay and conduct accounting finalization
of the remaining twenty (20) per
cent in the case of offices stipulated in sub-clause (a), and fifty (50) per
cent in the case of offices stipulated in sub-clause (b) of clause 4 of Section
I, into the State Budget in accordance with the chapters of the State Budget
stipulates in current regulations.
(d) With respect to the security
transaction registration offices stipulated in sub-clause (c) of clause 4 of
Section I, the people's council of a province or city under central authority
shall make a decision on the percentage to be deducted by the office collecting
the fees to cover working costs, consistent with the actual situation within
such locality. If the fees actually collected for registration of and provision
of information about security transactions are insufficient to cover working
costs and services in accordance with regulations, or if the local State
authority has not yet stipulated the amount of such fees, then the State budget
shall ensure funding to the [local] security transaction registration office.
IV. IMPLEMENTING PROVISIONS
1. This Circular shall be of
full force and effect after fifteen (15) days from the date of its proclamation
in the Official Gazette.
2. This Circular shall replace
Inter-Ministerial Circular 33/2002/TTLT-BTC-BTP of the Ministry of Finance and
the Ministry of Justice dated 12 April 2004 providing guidelines on the regime
for collection, payment, management and use of fees for registration of, and
provision of information on, security transactions.
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4. Any problems during
implementation should be reported to the Ministry of Finance and to the
Ministry of Justice for resolution.
FOR
THE MINISTRY OF FINANCE
DEPUTY MINISTER
Trung Chi Trung
FOR
THE MINISTRY OF JUSTICE
DEPUTY MINISTER
Dinh Trung Tung