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THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
146/2009/TT-BTC
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Hanoi,
July 20, 2009
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CIRCULAR
GUIDING
THE COLLECTION, REMITTANCE, MANAGEMENT AND USE OF FEES FOR SETTLEMENT OF
NATIONALITY-RELATED AFFAIRS
Pursuant to the Law on
Vietnamese Nationality;
Pursuant to the Ordinance on Charges and Fees;
Pursuant to the Government’s Decree No. 57/2002/ND-CP of June 3, 2002,
detailing the implementation of the Ordinance on Charges and Fees, and Decree
No. 24/2006/ND-CP of March 6, 2006, amending and supplementing a number of
articles of the Government’s Decree No. 57/2002/ND-CP of June 3, 2002;
Pursuant to the Government’s Decree No. 118/2008/ND-CP of November 27, 2008,
defining the functions, tasks, powers and organizational structure of the
Ministry of Finance;
The Ministry of Finance guides the collection, remittance, management and use
of fees for settlement of nationality-related affairs in Vietnam as follows:
Article 1.
Fee payers and fee rates
Vietnamese
citizens and foreign nationals, when submitting in Vietnam applications for
naturalization in Vietnam or restoration or renunciation of Vietnamese
nationality shall pay a fee at the rate prescribed in the Table of rates of
fees for settlement of nationality-related affairs below:
No.
Fee
Rate
(VND)
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Fee for
naturalization in Vietnam
3,000,000
2
Fee for
restoration of Vietnamese nationality
2,500,000
3
Fee for
renunciation of Vietnamese nationality
2,500,000
Article 2.
Subjects exempt from nationality-related fee:
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2. Persons
meeting with economic difficulties below the poverty line prescribed by the
Prime Minister and guiding documents who apply for naturalization in Vietnam or
restoration of Vietnamese nationality.
3. Stateless
persons who apply for naturalization in Vietnam under Article 22 of the Law on
Vietnamese Nationality.
4. Applicants
for naturalization in Vietnam being Lao immigrants in Vietnam who have been granted
permanent residence permits before January 1, 2009, under the Prime Minister’s
Decision No. 206/QD-TTg of February 12, 2009.
5. Applicants
for naturalization in Vietnam being Cambodian nationals who escaped from
genocide during 1978-1983, have no paper proving their nationality and have
registered at Vietnam-based refugee camps sponsored by the United Nations High
Commissioner for Refugees (UNHCR).
Article 3.
Fee collection, remittance, management and use
1. Agencies
collecting fees for naturalization in Vietnam or restoration or renunciation of
Vietnamese nationality are provincial-level Justice Departments when receiving
dossiers of application for naturalization in Vietnam, restoration or
renunciation of Vietnamese nationality. They shall register, declare and remit
collected fee amounts into the state budget under the Finance Ministry’s
Circular No. 60/2007/TT-BTC of June 14, 2007, guiding the implementation of the
Government’s Decree No. 85/2007/ND-CP of May 25, 2007, detailing a number of
articles of the Law on Tax Administration.
2. Fees for
settlement of nationality-related affairs constitute a state budget revenue.
Fee-collecting agencies may deduct 30% (thirty per cent) of the collected fee
amounts to cover expenses for examination and verification of dossiers and
other expenses related to the processing of dossiers of application for
naturalization in Vietnam or restoration, renunciation or retention of
Vietnamese nationality. They shall remit 70% (seventy per cent) of the
collected fee amounts into the state budget according to the corresponding
chapter, category, item and sub-item of the current state budget index.
3. Fees for
application for naturalization in Vietnam or restoration or renunciation of
Vietnamese nationality shall be collected in Vietnam dong.
4. Fees for
settlement of nationality-related affairs applicable to foreigners and overseas
Vietnamese who submit applications at overseas Vietnamese representative
missions comply with the Finance Ministry’s Circular No. 134/2004/TT-BTC of
December 31, 2004, guiding the collection, remittance, management and use of
fees collected by overseas Vietnamese representative missions, and documents
amending, supplementing or replacing this Circular.
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1. This
Circular takes effect 45 days from the date of its signing. This Circular
replaces Joint Circular No. 08/TTLT/BTC-BTP-BNG of December 31, 1998, guiding
the collection, remittance, management and use of fees for settlement of
applications for naturalization in Vietnam, restoration or renunciation of
Vietnamese nationality or grant of certificates of holding or loss of
Vietnamese nationality.
2. The
exemption from the fee for naturalization in Vietnam for Lao immigrants in
Vietnam who had been granted permanent residence permits before January 1,
2009, and apply for naturalization in Vietnam under the Prime Minister’s
Decision No. 206/QD-TTg of February 12, 2009, is applicable from the effective
date of Decision No. 206/QD-TTg.
3. Other
contents related to the collection, remittance, management and use of fees as
well as publicization of regulations on fee collection not yet guided in this
Circular comply with the Finance Ministry’s Circular No. 63/2002/TT-BTC of July
24, 2002, guiding the implementation of regulations on charges and fees, and
Circular No. 45/2006/TT-BTC of May 25, 2006, amending and supplementing
Circular No. 63/2002/TT-BTC; Circular No. 60/2007/TT-BTC of June 14, 2007,
guiding a number of articles of the Law on Tax Administration, and the Government’s
Decree No. 85/2007/ND-CP of May 25, 2007, detailing a number of articles of the
Law on Tax Administration.
4. Fee payers
and relevant agencies shall implement this Circular. Any problems arising in
the course of implementation should be reported to the Ministry of Finance for
consideration and settlement.
FOR
THE MINISTER OF FINANCE
DEPUTY MINISTER
Do Hoang Anh Tuan