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MINISTRY OF FINANCE
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 218/2010/TT-BTC
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Hanoi, December 29, 2010
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CIRCULAR
ENVIRONMENTAL IMPACT ASSESSMENT APPRAISAL FEES, COLLECTION,
TRANSFER, MANAGEMENT AND USE THEREOF
Pursuant to the Law on
Environment protection;
Pursuant to the
Ordinance on Fees and Charges;
Pursuant to the
Government's Decree No. 80/2006/ND-CP dated August 09, 2006 and Decree No.
21/2008/ND-CP dated February 28, 2008 elaborating the Law on Environment
protection
Pursuant to the
Government's Decree No. 57/2002/ND-CP dated June 03, 2002 and Decree No.
24/2006/ND-CP dated March 06, 2006 elaborating the Ordinance on Fees and Charges;
Pursuant to the
Government's Decree No. 118/2008/ND-CP dated November 27, 2008, defining the
functions, tasks, powers and organizational structure of the Ministry of
Finance;
In consideration of
opinions offered by the Ministry of Natural Resources and Environment in
Official Dispatch No. 4961/BTNMT-TCMT dated December 06, 2010, the Ministry of
Finance provides for environmental impact assessment (EIA) appraisal fees,
collection, transfer, management and use thereof:
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1. Fee
payers
2. Fee
collectors:
Collecting authorities
include: Environmental Impact Assessment Authority affiliated to Vietnam
Environment Administration, the Ministry of Natural Resources and Environment,
authorities assigned by Ministries, ministerial agencies, Governmental agencies
to appraise EIAs shall collect appraisal fees, transfer, manage and use them in
accordance with provisions of this Circular.
Article
2. Fees
1. The
EIA appraisal fee rates are specified in the Fee Schedule enclosed herewith.
Fees
for appraisal of additional EIAs and fees for reappraisal of EIAs are 50% of
the fee for the first appraisal. If the total investment in a project is
changed, the fee for appraisal of the additional EIA or reappraisal of the EIA
shall be calculated according to the new total investment.
2. EIA
appraisal fees shall be paid in VND. Foreign payers that may pay the fees in
USD at the average interbank exchange rate quoted by the State bank of Vietnam
on payment date.
Article
3. Payment time
The
EIA appraisal fee shall be paid during the period from submission of the
application for appraisal to the day before the appraisal council holds a
meeting.
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1. EIA
appraisal fees are considered state budget revenues.
2. The
collecting authorities shall declare and transfer the collected fees to state
budget in accordance with Circular No. 63/2002/TT-BTC and Circular No.
45/2006/TT-BTC, which amends Circular No. 63/2002/TT-BTC; Circular No.
60/2007/TT-BTC.
3. A
collecting authority may retain 90% of the collected fees to cover the costs of
appraisal, service provision and fee collection. To be specific:
a)
Collectors’ salaries, allowance, contributions, except salaries of officials
whose salaries are paid by state budget as prescribed;
c)
Collection costs: office supply, communication, electricity and water supply,
business trip (travel, accommodation); transfer of documents to relevant
entities;
c)
Costs of regular maintenance and overhauls of property, machines and equipment
serving fee collection: hiring vehicles and equipment for appraisal if existing
vehicles or equipment is not adequate;
d)
Purchases of supplies and materials;
dd)
Purchase of machines and equipment serving on-site EIA appraisal;
e)
Cost of conventions, seminars, surveys serving EIA appraisal;
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g)
Cost of writing the review of the EIA, which is the same as the cost of
project/project criticism Joint Circular No. 45/2010/TTLT-BTC-BTNMT and
replacing documents.
i)
Provision of rewards and benefits for officials and employees directly carrying
out the tasks, services and fee collection, which must not exceed 3 months’
salary/person/year if the current year’s revenue is greater than the last
year’s revenue, 2 months’ salary/person/year if the current year’s revenue is
equal to or smaller than the last year’s revenue.
k)
Other direct expenditures on task performance service provision and fee
collection.
4. The
remaining 10% shall be transferred to state budget as prescribed.
Article
5. Organization of implementation
1.
This Circular comes into force from March 01, 2011.
2.
Other contents regarding collection, transfer, management, use of fees and fee
collection disclosure that are not provided for in this Circular shall apply
Circular No. 63/2002/TT-BTC and Circular No. 45/2006/TT-BTC, which amends
Circular No. 63/2002/TT-BTC; Circular No. 60/2007/TT-BTC and Circular No.
157/2009/TT-BTC, which amends Circular No. 60/2007/TT-BTC.
3. Fee
payers and relevant authorities are responsible for implementation of this
Circular. Difficulties that arise during the implementation of this Circular
should be reported to the Ministry of Finance for consideration./.
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PP MINISTER
DEPUTY MINISTER
Do Hoang Anh Tuan
ENVIRONMENTAL IMPACT ASSESSMENT FEE RATES
(Enclosed with 218/2010/TT-BTC dated December 29, 2010)
Unit: million VND
Total investment (billion VND)
<10
>10 and <20
>20 and <50
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>100 and <200
>200 and <500
>500 and <1000
>1000 and <1500
>1500 and <2000
>2000 and <3000
>3000 and <5000
>5000 and <7000
>7.000
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6,0
9,0
15,0
27,0
30,0
39,0
44,0
48,0
49,0
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53,0
56,0
61,0
Group
2. civil construction projects
8,0
12,5
21,0
37,5
41,5
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61,0
65,0
67,0
70,0
72,5
77,0
84,0
Group
3. Technical infrastructure projects
8,6
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22,0
38,0
42,0
55,0
62,0
67,0
68,0
71,0
74,0
...
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...
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86,0
Group
4. Agriculture, forestry, aquaculture projects
8,8
13,5
22,5
39,0
43,0
56,0
63,5
...
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70,0
73,0
76,0
80,0
88,0
Group
5. Traffic projects
9,2
14,0
23,0
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45,0
59,0
66,0
72,0
73,5
76,0
79,0
84,0
92,0
...
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9,6
15,0
24,0
43,0
47,0
62,0
69,0
75,0
76,5
...
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82,0
87,0
96,0
Group
7. Projects not in Groups 1, 2, 3, 4, 5, 6
6,0
9,0
15,0
27,0
30,0
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44,0
48,0
49,0
51,0
53,0
56,0
61,0