THE
MINISTRY OF FINANCE
--------
|
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
----------------
|
No.:
03/2012/TT-BTC
|
Hanoi, January 05, 2012
|
CIRCULAR
GUIDING
RATES, REGIME OF COLLECTION, REMITTANCE, MANAGEMENT AND USE OF AUCTION CHARGE,
AUCTION PARTICIPATION CHARGE AND FEE FOR ISSUING CERTIFICATE OF PROPERTY
AUCTION PRACTICE
Pursuant to the Ordinance on
charges and fees No. 38/2001/PL-UBTVQH10 dated August 28, 2001;
Pursuant to the Decree No.
57/2002/ND-CP dated June 03, 2002 of the Government stipulating in detail the
Ordinance on charges and fees; the Decree No. 24/2006/ND-CP dated March 06,
2006 amending and supplementing some articles of the Decree No. 57/2002/ND-CP
dated June 03, 2002;
Pursuant to the Decree No.
52/2009/ND-CP dated June 03, 2002 of the Government stipulating in detail and
guiding the implementation of some articles of the Law on management and use of state property;
Pursuant to the Decree No.
17/2010/ND-CP March 04, 2010 of the Government on property auction;
Pursuant to the Decree No.
118/2008/ND-CP dated November 27, 2008 of the Government stipulating functions,
duties, rights and organizational structure of the Ministry of Finance;
After having received the
opinion of the ,
...
...
...
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
Article 1.
Scope of adjustment and subjects of application
1. This Circular
guides the collection levels, regime of collection, remittance and use of
auction charge, auction participation charge and fee for issuing
certificate of auction practice as prescribed in clause 3, Article 51 of Decree
No. 17/2010/ND-CP dated March 04, 2010 of the Government regarding property
auction.
2. Organizations
and individuals having property for auction as prescribed in the Decree
No.17/2010/ND-CP dated March 04, 2010 must pay the property auction charge to
the professional auctioning organization, except for auctioning of material
evidences or means used in administrative violations which are confiscated for
state funds, auctioning land use rights to allocate land with collection of
land use levy or to lease land and cases implemented by the Property Auction
Councils.
3. Organizations
and individuals participating in auction as prescribed in the Decree No.
17/2010/ND-CP dated March 04, 2010 must pay auction participation charge to the
professional auctioning organizations or the Property Auction Councils
4. The person who
is issued certificate of auction practice must pay the fee for issuing
certificate of auction practice to the agency issuing certificate of auction
practice
Article 2.
Rates of fees and charges
1. The rates of
charge for property
auction:
a. In case the
property has been auctioned successfully, the charge rates are calculated on
the value sold in an :
No.
...
...
...
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
Rates
1
50 million dong or less
5% of the value of the sold
property
2
Between over 50 million and 1
billion dong
2.5
3
Between over 1
...
...
...
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
4
Between over 10
34.75 million dong +
0.15% of
5
From
49.75 million dong +
0.1% of . The total charge of not
more than 300 million dong per auction
b. In case the
property has been auctioned unsuccessfully, within 7 days from the date of
auction end date, the person having property for auction, the judgment-executing agencies, financial agencies shall
pay the property auctioning organization, the Property Auction
Council the rational and actual costs as prescribed in Article 43 of Decree No.
17/2010/ND-CP dated March 04, 2010 unless otherwise agreed by parties or
prescribed by the law.
2. Rates of charge
for property
auctioning participation:
Rates of charge for property
auctioning participation
are commensurate with the reserve price of the property for auction as
prescribed as follows:
...
...
...
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
Reserve
price of property
Rates (dong/dossier)
1
From 20 million dong or less
50,000
2
Between over 20 million dong
and 50 million dong
100,000
3
...
...
...
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
150,000
4
Between over 100 million dong
and 500 million dong
200,000
5
More than 500 million dong
500,000
3. Depending
4. Fee for issuing
certificate of auction practice
...
...
...
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
- Fee for
re-issuing the certificate of auction practice is 100.000 dong/1 issuing time
Article 3.
Managing and using fees and charges
The management and
use of fees and charges are implemented as follows:
1. The Property
Auction Council is entitled to use the amount of charges collected from persons
participating in auction to cover the costs to the Property Auction Council. If
there is residual, it must be remitted to the state budget.
2. The Property Auction Service Center
will manage and use the charges of property auction and the charges
of property
auctioning participation as follows:
In case the Property Auction Service Center that is allocated the fund by .
In case the Property Auction Service Center that is not allocated the fund by organization is entitled to retain a part of collected
charges to cover costs for the auction and collecting charge as prescribed by
the law; the remaining charges must be paid to the state budget.
Based on the rates
for auction
and auction participation charge applied in the locality and the
situation of activity of the Property Auction Service Center, the People's Councils auction participation
charge for the charge collecting agency to cover the costs of auctioning
organization and charge collection.
3. For the
charge collection collected auction charge and auction participation
charge are the incomings not under the state budget. The charge collection unit
is responsible for tax payment as prescribed by the law for the collected
charge and is entitled to manage and use the amount of charge after payment of
the charge collection unit must carry out
settlement of tax for the amount of collected charge with the tax agency as
prescribed by the law on current tax.
...
...
...
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
5. The 45/2006/TT-BTC dated May 25, 2006 of the Ministry of Finance amending and
supplementing the Circular No. 63/2002/TT-BTC dated July 24, 2002; the
Circular No.
Article 4.
Organization for implementation
1. This Circular
will take effect since March 01, 2012. This Circular will supersede the
Circular No. 96/2006/TT-BTC dated October 16, 2006 of the Ministry of Finance
guiding the rates, regime of collection, remittance, management and use of
auction charge.
2. For the
localities that have issued documents on the collection of auction charge and
auction participation charge not consistent with this Circular, the People’s
Committees of the cities and provinces directly under the Central authority
will present to the People’s Councils at the same level for issuance of documents
accordingly.
3. During the
course of implementation, if there is any problem and difficulty arising,
promptly report to the Ministry of Finance for consideration and guidance.
PP
MINISTER
DEPUTY MINISTER
Vu Thi Mai