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THE MINISTRY OF
FINANCE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
172/2016/TT-BTC
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Hanoi, October
27, 2016
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CIRCULAR
ON AMOUNTS,
COLLECTION, AND PAYMENT OF FEES FOR ISSUANCE OF THE CONSTRUCTION LICENSES
Pursuant to the Law on fees and charges dated
November 25, 2015;
Pursuant to the Law on State budget dated June
25, 2015;
Pursuant to the Law on construction dated June
18, 2014;
Pursuant to the Government’s Decree No.
120/2016/ND-CP dated August 23, 2016 on guidelines for the Law on fees and
charges;
Pursuant to the Government's Decree No.
59/2015/ND-CP dated June 18, 2015 on management of construction projects;
Pursuant to the Government's Decree No.
215/2013/ND-CP dated December 23, 2013 defining the functions, tasks,
entitlements and organizational structure of the Ministry of Finance;
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The Minister of Finance promulgates a Circular
on amounts, collection, and payment of fees for issuance of the construction
licenses as follows:
Article 1. Scope and regulated entities
1. Scope
This Circular deals with amounts, collection, and
payment of fees for issuance of the construction licenses.
2. Regulated entities
a) Organizations issued with certificates of
eligibility for construction, individuals issued with licenses to practice
construction activities, and foreign contractors issued with construction
licenses by competent authorities.
b) Authorities competent to issue certificates of
eligibility for construction to organizations, licenses to practice
construction activities to individuals, and construction licenses to foreign
contractors;
c) Other organizations and individuals relating to
the collection and payment of fees for issuance of certificates of eligibility
for construction to organizations, licenses to practice construction activities
to individuals, and construction licenses to foreign contractors.
d) Socio-professional organizations eligible for
licenses to practice construction activities prescribed in Clause 5 Article 44
of the Government's Decree No. 59/2015/ND-CP dated June 18, 2015 of the
Government on management of construction projects shall not be regulated
entities in this Circular.
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Any organization that is issued with a certificate
of eligibility for construction, any individual that is issued with a license
to practice construction activities, or any foreign contractor that is issued
with a construction license shall pay a given fee as prescribed in this
Circular.
Article 3. Collecting authority
Authorities competent to issue certificates of
eligibility for construction to organizations, licenses to practice
construction activities to individuals, and construction licenses to foreign
contractors prescribed in Clause 5 Article 44, Clause 2 Article 58 and Clause 3
Article 72 of the Government's Decree No. 59/2015/ND-CP dated June 18, 2015 on
management of construction projects shall collect, declare, and pay fees for
issuance of certificates of eligibility for construction to organizations,
licenses to practice construction activities to individuals, and construction
licenses to foreign contractors in accordance with this Circular.
Article 4. Amount
1. The amounts of fees for issuance of certificates
of eligibility for construction to organizations, licenses to practice
construction activities to individuals:
a) The amount of the fee for initial issuance:
- Fee for issuance of a certificate of eligibility
for construction to an organization: VND 1,000,000 (one million).
- Fee for issuance of a license to practice
construction activities to an individual: VND 300,000 (three thousand).
b) The amount of the fee for reissuance, additional
issuance, adjustment, or conversion equals 50% of the amount prescribed in
Point a hereof.
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3. The fees for issuance of certificates of
eligibility for construction to organizations, licenses to practice
construction activities to individuals, and construction licenses to foreign
contractor shall be collected in Vietnamese dong (VND).
Article 5. Statement and payment
1. The collecting entity shall make monthly and
annual statements prescribed in Clause 3 Article 19 and pay fees as prescribed
in Clause 3 Article 19 of Circular No. 156/2013/TT-BTC dated November 6, 2013
of the Minister of Finance on guidelines for the Law on Tax administration; Law
on amendments to the Law on Tax administration and the Decree No. 83/2013/ND-CP
dated July 22, 2013 of the Government.
2. Each collecting agency shall pay full amount of
fees collected to State budget according to the applicable State budget
entries. Expenses associated with issuance of certificates of eligibility for
construction to organizations, licenses to practice construction activities to
individuals, construction licenses to foreign contractors and collection of
fees shall be appropriated in the annual budget estimate in accordance with
expenditure limits as prescribed by law.
Article 6. Implementation
1. This Circular comes into force from January 1,
2017, replaces Circular No. 33/2012/TT-BTC dated March 1, 2012 of the Minister
of Finance on guidelines for collection, payment, management and use of
assessment fees for issuance of electricity operating licenses.
2. If other contents in connection with collection
and payment of fees are not guided in this Circular, they shall apply
responsive guidelines in the Law on fees and charges, Decree No. 120/2016/ND-CP
dated August 23, 2016 on guidelines for the Law on fees and charges; Circular
No. 156/2013/TT-BTC dated November 6, 2013 of the Minister of Finance on
guidelines for the Law on Tax administration; Law on amendments to the Law on
Tax administration and the Decree No. 83/2013/ND-CP dated July 22, 2013 of the
Government and Circular of the Minister of Finance on printing, issuance,
management and use of documents of collection of fees and charges payable to
State budget and their amending and replacing documents (if any).
3. Payers and relevant agencies shall implement
this Circular. Difficulties that arise during the implementation must be reported
to the Ministry of Finance for consideration./.
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PP. MINISTER
DEPUTY MINISTER
Vu Thi Mai