|
MINISTRY OF
FINANCE
----------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------
|
|
No.:
58/2020/TT-BTC
|
Hanoi, June 12,
2020
|
CIRCULAR
STIPULATING
FEES FOR HANDLING OF COMPETITION CASES, COLLECTION, TRANSFER, MANAGEMENT AND
USE THEREOF
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 Competition Law dated June 12,
2018;
Pursuant to the Government's Decree No.
120/2016/ND-CP dated August 23, 2016 detailing and guiding the implementation
of a number of articles of the Law on fees and charges;
Pursuant to the Government’s Decree No.
87/2017/ND-CP dated July 26, 2017 defining functions, tasks, powers and
organizational structure of the Ministry of Finance;
For implementation of the Directive No.
11/CT-TTg dated March 04, 2020 of the Prime Minister on urgent objectives and
solutions for assisting businesses facing difficulties and assurance of social
welfare amid Covid-19 pandemic;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The Minister of Finance promulgates a Circular
stipulating fees for handling of competition cases, collection, transfer,
management and use thereof.
Article 1. Scope and regulated
entities
1. This Circular stipulates the fees for handling
competition cases, and collection, transfer, management and use thereof, including:
fees for handling independent claims of persons having related rights and
obligations, and fees for appraising applications for exemption when handling
competition cases.
2. This Circular applies to:
a) Organizations and individuals that have
independent claims handled by competent authorities as persons having related
rights and obligations, or applications for exemption appraised when handling
competition cases.
b) Competent authorities handling independent
claims of persons having related rights and obligations and those appraising
applications for exemption when handling competition cases.
c) Other organizations and individuals involved in
collection and transfer of fees for handling independent claims of persons
having related rights and obligations, and fees for appraising applications for
exemption when handling competition cases.
Article 2. Payers
Payers under this Circular include:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Applicants for exemption from prohibition on
anti-competitive agreements as prescribed in Article 16 of the Competition Law.
Article 3. Collectors
Authorities competent to handle independent claims
of persons with related rights and obligations and appraise applications for
exemption when handling competition cases, affiliated to the Ministry of
Industry and Trade (including Vietnam Competition and Consumer Authority, and
National Competition Commission) shall collect fees in accordance with
regulations hereof.
Article 4. Fees
1. The following fees shall apply from the
effective date of this Circular to December 31, 2020 inclusively:
a) Fee for handling independent claims of persons
having related rights and obligations: VND 5,000,000/ case.
b) Fee for appraising applications for exemption in
competition cases: VND 25,000,000/ application.
2. Fees applied from January 01, 2021 onwards:
a) Fee for handling independent claims of persons
having related rights and obligations: VND 10,000,000/ case.
b) Fee for appraising applications for exemption in
competition cases: VND 50,000,000/ application.
Article 5. Fee declaration and transfer
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Persons filing independent claims in competition
cases in the capacity of persons having related rights and obligations shall
pay an advance equaling 100% of the fee prescribed in Article 4 hereof.
Persons filing independent claims shall pay fees if such claims are
rejected by competent authorities. The fees paid in advance shall
be return to persons whose independent claims are accepted by competent
authorities.
b) When submitting applications for exemption from
prohibition on anti-competitive agreements, applicants shall pay 100% of the
fee prescribed in Article 4 hereof which shall not be returned in any cases.
2. Collectors shall declare and transfer the
amounts of collected fees as follows:
a) Not later than the 05th day of every
month, each collector must transfer total amount of the fees collected in the
previous month to the designated state budget account opened at the State
Treasury.
b) Collectors shall make monthly declaration and
annual statement of collected fees in accordance with Clause 3 Article 19 and
transfer collected fees in accordance with Clause 2 Article 26 of the Circular
No. 156/2013/TT-BTC dated November 06, 2013 by Minister of Finance providing
guidance on a number of articles of the Law on tax administration, the Law on
amendments to the Law on tax administration and the Government's Decree No.
83/2013/ND-CP dated July 22, 2013.
Article 6. Fee management and
use
1. Each collector shall pay total amount of
collected fees to state budget according to the list of current state budget entries.
Expenses incurred when rendering services and collecting fees shall be covered
by funding derived from state budget and included in the collector’s
expenditure estimate according to policies and levels of state budget
expenditures as regulated by law.
2. If the collector is provided with a
predetermined funding for covering its operating expenditures in accordance
with Article 4 of the Government's Decree No. 120/2016/ND-CP dated August 23,
2016, it may retain 90% of total amount of collected fees to cover its
expenditures and expenses incurred when collecting fees as regulated in Article
5 of the Government's Decree No. 120/2016/ND-CP dated August 23, 2016. The
remaining amount, i.e. 10% of collected fees, must be paid to state budget
according to the list of current state budget entries.
Article 7. Implementation
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Other contents relating to the fee collection,
transfer, management and use, which are not provided for in this Circular,
shall be performed in accordance with regulations of the Law on fees and
charges, the Government's Decree No. 120/2016/ND-CP dated August 23, 2016, the
Circular No. 156/2013/TT-BTC dated November 06, 2013 by Minister of Finance,
and the Circular No. 303/2016/TT-BTC dated November 15, 2016 by Minister of
Finance.
3. If any legislative documents referred to in this
Circular are amended, supplemented or replaced, the new ones shall apply.
4. Payers and relevant agencies are responsible for
the implementation of this Circular. Difficulties that arise during the implementation
of this Circular should be promptly reported to Ministry of Finance for
consideration./.
PP MINISTER
DEPUTY MINISTER
Vu Thi Mai