MINISTRY OF
FINANCE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
286/2016/TT-BTC
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Hanoi, November
14, 2016
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CIRCULAR
ON COLLECTION, PAYMENT,
MANAGEMENT AND USE OF FEES FOR ASSESSMENT OF FOOD SAFETY AND FOOD QUALITY
CONTROL IN AGRICULTURE
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 Government’s Decree
No.120/2016/ND-CP dated August 23, 2016 detailing and guiding a number of
Articles of the Law on Fees and Charges;
Pursuant to the Government’s Decree
No.88/2010/ND-CP dated August 16, 2010 detailing and guiding a number of
Articles of the Law on Intellectual Property and the Law on amendment and
supplementation to the Law on Intellectual Property on plant variety rights;
Pursuant to the Government's Decree No.
215/2013/ND-CP dated December 23, 2013 defining the functions, rights,
responsibilities and organizational structure of the Ministry of Finance;
Upon request of the Director of the Tax Policy
Department,
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Article 1. Scope of governing and subjects of
application
1. This Circular stipulates
collection, payment, management and use of fees for assessment of food safety
and food quality control in agriculture.
2. This Circular applies to
fee payers and agencies collecting fees for assessment of quality control and
food safety in agriculture, and other entities engaging in collection payment,
management and use of fees for assessment of quality control and food safety in
agriculture.
Article 2. Fee payers
Entities producing
and trading agro-forestry- fishery products and imported, exported and domestic
fishery products requesting the State management authorities in charge of
agriculture and rural development to carry out quality control and food safety
shall pay fees prescribed herein.
Article 3. Fee collection agencies
Agencies collecting fees for assessment of quality
control and food safety in agriculture are authorities in charge of
agro-agricultural-fishery product safety and quality control, including The
National Agro-Forestry-Fisheries Quality Assurance Department;
Agro-Forestry-Fisheries Quality Assurance Departments of the South and Central
Coast, Agro-Forestry-Fisheries Quality Assurance Centers; Reference Testing and
Agrifood Quality Consultancy Center; Departments of Animal Health; Plant
Protection Department; Department of agro-forestry-fishery food processing and
salt industry; Directorate of Fisheries; Agro-Forestry-Fisheries
Quality Assurance Sub-Departments; Sub-Departments of Livestock production and
Health; Sub-Departments of Crop Production and Protection and Fishery
Sub-Departments.
Article 4.Amount of fees
The amount of fees is prescribed in the Schedule
attached hereto.
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1. The collection agencies
shall transfer fees collected in the preceding month to a designated account
registered at the State Treasuries by 05th of every month.
2. The fee collection agency
shall declare and transfer the monthly collected fee and take charge of
finalizing the annual collected fee as stipulated in clause 3 Article 19 and
clause 2 Article 26 of the Circular No.156/2013/TT-BTC dated November 06, 2013
by the Minister of Finance guiding implementation of a number of the Law on Tax
Administration, the Law on Amendment and Supplementation to a number of Article
of the Law on Tax Administration and the Government’s Decree No.83/2013/ND-CP
dated July 22, 2013.
Article 6. Management and use of fees
1. The National Agro-Forestry-Fisheries
Quality Assurance Department; Agro-Forestry-Fisheries Quality Assurance
Departments of the South and Central Coast; Agro-Forestry-Fisheries Quality
Center; Reference Testing and Agrifood Quality Consultancy Center, Departments
of Animal Health, Plant Protection Departments as the fee collection agencies
which are granted financial autonomy shall be entitled to retain 80% of the
collected fee for spending on activities prescribed in the Government's Decree
No.120/2016/ND-CP dated August 23, 2016. The remainder (20% of the collected
fee) shall be transferred to the State budget and classified by chapter and
sub-chapter in the current State budget index.
The National Agro - Forestry - Fisheries Quality
Assurance Department shall allocate the funding for affiliated fee collection
agencies including the Agro - Forestry - Fisheries Quality Assurance Agencies;
Agro - Forestry - Fisheries Quality Assurance Departments of the South and
Central Coast; Local Agro - Forestry - Fisheries Quality Assurance Departments
and Reference Testing and Agrifood Quality Consultancy Center which are unable
to pay minimum wages to collectors and to finance food safety management
activities carried out the National Agro - Forestry - Fisheries Quality
Assurance Department.
2. If the fee collection
agency is the Directorate of Fisheries, Agro-Forestry-Fishery and Salt
Processing Department, Agro-Forestry-Fisheries Quality Assurance
Sub-Departments; Department of Animal Husbandry and Veterinary Services;
Sub-Departments of Crop-Production and Plant protection or Sub-Department of
Fisheries:
a) The fee collection agency shall transfer the
whole collected fee to the State Budget except where it is prescribed in point
b, clause 2 of this Article. Budget for official duties and fee collection
activities shall be included in the collection agency's estimate according to
the State budget regime.
b)Any fee collection agency which is granted the
financial autonomy as prescribed in clause 1 Article 4 of the Government’s
Decree No. 120/2016/ND-CP dated August 23, 2016 may retain 80% of the collected
fee for spending on activities prescribed in Article 5 of the Government’s
Decree No.120/2016/ND-CP dated August 23, 2016. The remainder (20% of the
collected fee) shall be transferred to the State budget and classified by
chapter and sub-chapter in the current State budget index.
Article 7. Implementation
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2. Any aspect related to
collection, payment, management and use of veterinary fees and invoices not
mentioned herein shall conform to the Law on Fees and Charges, Government's
Decree No.120/2016/ND-CP dated August 23, 2016; Circular No.156/2013/TT-BTC
dated November 06, 2013 by the Minister of Finance and Circular on printing,
publishing, management and use of invoices on fees and charges under the State
budget and amendment, supplementation or replacement documents (if any).
3. Any issue arising in
connection to implementation of this Circular should be promptly reported to
the Ministry of Finance.
PP. MINISTER
DEPUTY MINISTER
Vu Thi Mai
SCHEDULE OF FEES
FOR ASSESSMENT OF QUALITY CONTROL AND FOOD SAFETY IN ARGRICULTURE
(Issued together
with the Circular No.286/2016/TT-BTC dated November 14, 2016 by the Minister of
Finance )
No.
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Amount
(VND)
1
Fee for issue of the certificate of
exportation upon request of the importing countries:
a
On-site inspection and sampling for issue
of certificate of food export upon request of the importing country.
350,000 /shipment
b
Documentary inspection for issue of
certificates to food export upon request of the importing country.
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2
Assessment of the understanding of
agro-forestry-fishery food safety
- Conducted by the local
inspection authority
30,000/assessment/person
- Conducted by the central
inspection authority
50,000/assessment/person
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Fees for assessment of conditional business
lines in agriculture, forestry and fishery
a
Verification
for certification of food safety to agro-forestry-fishery producing and
trading facilities
- Conducted by the local
inspection authority
VND 700,000
/facility
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VND 2,000,000
/facility
b
Periodic
assessment of food safety conditions
50% of the
verification fee for certification
4
Assessment of the content of the film
script and programs published in the form of tapes, discs, software and other
devices and agro-forestry-fishery advertising documents
VND 1,200,000
/assessment/content
5
Assessment for recognition or designation
of agro-forestry-fishery laboratories:
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- Initial assessment
VND 32,000,000
/assessment/laboratory
- Re-assessment,
supervision, re-recordation, extension
VND 22,500,000
/assessment/laboratory