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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. 01/2005/TT-BTC
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Hanoi, January 04, 2005
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CIRCULAR
GUIDING THE REGIME OF COLLECTION,
REMITTANCE, MANAGEMENT AND USE OF FEES FOR LICENSING OF ARBITRATION CENTERS,
FOR CHANGE OF LICENSE CONTENTS, AND FOR REGISTRATION OF THEIR OPERATION AND
BRANCHES, AND COURT FEES RELATED TO ARBITRATION
Pursuant to the Government’s Decree No. 25/2004/ND-CP of
January 15, 2004, detailing the implementation of a number of articles of the
Ordinance on Commercial Arbitration;
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;
Pursuant to the Government’s Decree No. 77/2003/ND-CP of July 1, 2003, defining
the functions, obligations, competence and organizational structure of the
Ministry of Finance;
The Ministry of Finance hereby guides the regime of collection, remittance,
management and use of fees for licensing of arbitration centers, for change of
license contents and for registration of their operation and branches, and
court fees related to arbitration as follows:
I. SUBJECTS OF APPLICATION
Fee payers under the provisions of this Circular include:
1. Organizations and individuals that file dossiers of
application for establishment licenses, change of license contents,
registration of operation of arbitration centers and branches thereof and have
to pay fees for such licenses and for operation registration.
2. Organizations and individuals that request courts to
appoint or replace arbitrators, to review arbitration councils’ decisions on
arbitration agreements or arbitration councils’ competence to handle disputes,
to apply, alter or cancel interim urgent measures, to cancel arbitral awards,
or protest against courts’ decisions and have to pay court fees related to
arbitration.
II. FEE RATES AND THE REGIME OF FEE COLLECTION, REMITTANCE,
MANAGEMENT AND USE
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Pursuant to Article 13 and Article 14 of the Government’s
Decree No. 25/2004/ND-CP of January 15, 2004, detailing the implementation of a
number of articles of the Ordinance on Commercial Arbitration, the rates of
fees for licensing of arbitration centers, for change of license contents, and
for registration of their operation and branches, and court fees related to
arbitration are provided for as follows:
Ordinal number
Fees
Collection rates (VND)
I.
FEES FOR LICENSING OF ARBITRATION CENTERS, FOR CHANGE OF
LICENSE CONTENTS, FOR REGISTRATION OF THEIR OPERATION AND BRANCHES
1.
Licensing the establishment of an arbitration center
500,000
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Change in contents of an establishment license
100,000
3.
Registration of operation of an arbitration center
200,000
4.
Registration of operation of an arbitration center’s
branch
100,000
II.
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1.
Requesting the Court to appoint or replace an arbitrator
100,000
2.
Requesting the Court to review an arbitration council’s
decision on arbitration agreement or an arbitration council’s competence to
handle a dispute
300,000
3.
Requesting the Court to apply, alter or cancel interim
urgent measures
500,000
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Requesting the Court to cancel an arbitral award
500,000
5.
Protesting against a court decision
300,000
2. The collection, remittance, management and use regime:
a/ Fee payers shall, when filing
dossiers of application for establishment licenses, changes of license contents
or registration of operation of arbitration centers and branches thereof or
when requesting courts to appoint or replace arbitrators, to review arbitration
councils’ decisions on arbitration agreements or arbitration councils’
competence to handle disputes, to apply, alter or cancel interim urgent
measures, to cancel arbitral awards or protest against court decisions, have to
fully pay fee amounts specified at Point a, this Section, in lump-sum.
b/ Fee-collecting agencies:
- Agencies collecting fees for licensing of arbitration
centers, for change of license content, for registration of their operation and
branches shall be competent to grant licenses for the establishment of
arbitration centers and to register the operation of arbitration centers and
branches thereof.
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- When collecting fees, collecting agencies must make and
hand over fee receipts to fee payers in strict accordance with current
regulations of the Finance Ministry on the issuance, management and use of tax
receipts.
c/ Fees for licensing of arbitration centers, for change of
license contents, and for registration of their operation and branches and
court fees related to arbitration shall constitute a state budget revenue and
be managed and used as follows:
- Fee-collecting agencies shall remit the whole collected
fee amounts into the state budget as follows:
+ Fees for licensing of arbitration centers, for change of
license contents, for registration of their operation and branches shall be
accounted into the corresponding chapter, category and clause, Section 047,
sub-section 29 of the current state budget index;
+ Court fees related to arbitration shall be accounted into
the corresponding chapter, category and clause, Section 045, sub-section 07 of
the current state budget index.
- The fee collection shall be funded with the state budget
according to annual estimates.
d/ The estimation, execution, accounting and settlement of
revenues and expenditures on fees for licensing of arbitration centers, for
change of license contents, for registration of their operation and branches,
and court fees related to arbitration shall have to comply with the provisions
of the Law on State Budget, the Ordinance on Charges and Fees and guiding
documents.
III. ORGANIZATION OF IMPLEMENTATION
This Circular takes effect 15 days after its publication in
“CONG BAO.” Other matters related to fee collection, remittance, management and
use not mentioned in this Circular shall comply with the guidance in the
Finance Ministry’s Circular No. 63/2002/TT-BTC of July 24, 2002, guiding the
implementation of the provisions of law on charges and fees.
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FOR THE MINISTER OF FINANCE
VICE MINISTER
Truong Chi Trung
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