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MINISTRY OF
FINANCE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.:
287/2016/TT-BTC
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Hanoi, November
15, 2016
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CIRCULAR
PROVIDING
FOR FEES AND CHARGES IN ATOMIC ENERGY SECTOR, AND 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 Law on Atomic Energy dated June
03, 2008;
Pursuant to the Government's Decree No.
07/2010/ND-CP dated January 25, 2010 detailing and guiding the implementation
of a number of articles of the Law on Atomic Energy;
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.
215/2013/ND-CP dated December 23, 2013 defining the Functions, Tasks, Powers
and Organizational Structure of Ministry of Finance;
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Minister of Finance promulgates a Circular
providing for fees and charges in atomic energy sector, and the collection,
transfer and management thereof.
Article 1. Scope and regulated
entities
1. This Circular provides for the fees and charges
in atomic energy sector as specified below and collection, transfer, management
and use thereof. Radiation safety and nuclear security appraisal service fees;
fees for processing of applications for certificate of eligibility to provide
atomic energy application support services; fees for processing of applications
for approval for nuclear and radiation emergency response plans; charges for
processing of applications for certificate of radiation worker; charges for
processing of applications for practicing certificate for provider of atomic
energy application support services.
2. This Circular applies to:
a) Applicants for license to perform radiation
works; certificate of eligibility to provide atomic energy application support
services; approval for internal or provincial nuclear and radiation emergency
response plans; certificate of radiation worker or practicing certificate for
provider of atomic energy application support services;
b) Regulatory authorities that have the power to
issue the licenses, certificates of eligibility, practicing certificates in
atomic energy sector and give approval for nuclear and radiation emergency
response plans;
c) Other organizations and individuals involved in
the collection and transfer of fees and charges in atomic energy sector.
Article 2. Payers
Any organizations or individuals that submit
applications for the license to perform radiation works, or the certificate of
eligibility to provide atomic energy application support services, or approval
for internal or provincial nuclear and radiation emergency response plans must
pay appraisal service fees; applicants for the certificate of radiation worker
or the practicing certificate for provider of atomic energy application support
services must also pay charges in accordance with regulations herein.
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The Vietnam Agency for Radiation and Nuclear Safety
(affiliated to Ministry of Science and Technology) and Departments of Science
and Technology of provinces or central-affiliated cities shall be responsible
for collecting fees and charges in accordance with regulations herein.
Article 4. Fee and charge
Fees and charges in atomic energy sector are
prescribed in the Schedule of fees and charges enclosed herewith.
Article 5. Declaration and
transfer of fees and charges
1. Not later than the 05th day of every
month, each collector must transfer full collected fees into the designated
state budget account which is opened at the State Treasury.
2. The collectors must monthly declare and transfer
collected fees and charges, and make annual statements of fees and charges in
accordance with regulations in Clause 3 Article 19 and 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. The collectors shall wholly
transfer collected fees and charges (according to the percentage set forth in
Article 6 herein) to state budget according to corresponding chapter, section
and sub-section in the list of state budget entries.
Article 6. Management and use
of fees
1. The collector must pay the whole amount of
collected fees to state budget. The funding for covering expenditures for
providing services and collecting fees in atomic energy sector shall be funded
by state budget and included in the collector’s estimate under policies and
levels of state budget expenditures as regulated by laws.
2. If a collector is provided with a predetermined
operating funding in conformity with regulations of the Government or the Prime
Minister on the autonomy in payroll and use of administrative expenditures by
state agencies, such collector may retain 85% of the total amount of collected
fees in order to cover its expenditures for providing services and collecting
fees, and pay the remaining amount, i.e. 15% of collected fees, to state
budget. The retained amount shall be managed and used in accordance with
regulations in Clause 2 Article 5 of 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, including payment of the following
expenditures for fulfillment of duties, service provision and fee collection:
Fixed expenditures for hiring professional experts, using information search
and collection services, translation services, and appraisal services;
expenditures for disseminating and guiding regulations on issuance of license,
certificate of eligibility and practicing certificate; expenditures for
carrying out schemes, projects and/or duties with the aims of perfecting
formalities and procedures for issuance of license, certificate of eligibility
and practicing certificate.
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1. This Circular shall come into force as of
January 01, 2017 and supersede the Circular No. 76/2010/TT-BTC dated May 17,
2010 by Minister of Finance providing for the fees and charges in atomic energy
sector, and the collection, transfer, management and use thereof.
2. Other contents related to the collection, transfer,
management and use of fees and charges, fee receipts, and announcement of fee
collection policies, which are not provided for in this Circular, shall be
performed in conformity with regulations in the Law on Fees and Charges; 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; 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, and the Circulars by
Minister of Finance providing for the printing, issuance, management and use of
receipts of fees and charges, and other documents on amendments or replacement
thereof (if any).
3. 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
SCHEDULE
OF FEES AND CHARGES IN ATOMIC ENERGY SECTOR
(Enclosed
to the Circular No. 287/2016/TT-BTC dated November 15, 2016 by Minister of
Finance)
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I. FEES FOR ASSESSMENT OF RADIATION SAFETY AND
NUCLEAR SECURITY
No.
Description
Unit
Fee rate
(VND)
1
Fees for processing of applications for the
license to operate or use irradiators
1.1
Fees for processing of applications for the license
to operate irradiation devices for materials disinfection and treatment:
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Accelerator
1 machine
40,000,000
1.1.2
Devices using radioactive source
1 device
45,000,000
1.2
Fees for processing of applications for the license
to operate radiotherapy devices:
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Superficial radiotherapy device
1 device
4,000,000
1.2.2
High-dose rate brachytherapy device
1 device
13,000,000
1.2.3
External beam radiotherapy devices using
radioactive source
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16,000,000
1.2.4
Accelerator
1 machine
20,000,000
1.3
Fees for processing of applications for the
license to operate accelerator used to create radioactive substances and
other accelerators.
1 machine
20,000,000
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Fees for processing of applications for the
license to use radiation-generating devices in medical field:
1.4.1
Dental X-ray equipment
1 device
2,000,000
1.4.2
Mammographic X-ray equipment
1 device
2,000,000
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Portable X-ray equipment
1 device
2,000,000
1.4.4
Diagnostic X-ray equipment
1 device
3,000,000
1.4.5
Bone densitometry equipment
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3,000,000
1.4.6
Fluoroscoptic TV X-ray equipment
1 device
5,000,000
1.4.7
CT Scanner
1 device
8,000,000
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PET/CT system
1 device
16,000,000
1.5
Fees for processing of applications for the
license to use radiation-generating devices in industrial, research, training
and other economic-technical fields:
1.5.1
Nuclear density gauges
1 device
4,000,000
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X-ray fluorescence (XRF) analyzers
1 device
4,000,000
1.5.3
Gas chromatography equipment
1 device
4,000,000
1.5.4
Antistatic device
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4,000,000
1.5.5
X-ray testing equipment for printed circuit
boards
1 device
4,000,000
1.5.6
X-ray security inspection equipment
1 device
4,000,000
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Mossbauer spectrometer
1 device
4,000,000
1.5.8
X-ray generator for industrial radiography
testing
1 device
5,000,000
1.5.9
Measuring instruments used in well logging and
geological investigation
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7,000,000
1.5.10
Industrial radiography equipment using gamma rays
1 device
8,000,000
1.5.11
Gamma cell
1 device
13,000,000
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Gamma field generating devices
1 device
52,000,000
2
Fees for processing of applications for the
license to manufacture, process, store and use radioactive substances
2.1
Fees for processing of applications for the
license to manufacture radioactive substances
1 facility
60,000,000
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Fees for processing of applications for the
license to process radioactive substances
1 facility
26,000,000
2.3
Fees for processing of applications for the
license to store radioactive sources:
2.3.1
Radioactive source with above-average dangerous
level of radiation
1 source
4,000,000
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Radioactive source with average dangerous level
of radiation
1 source
3,000,000
2.3.3
Radioactive source with below-average dangerous
level of radiation
1 source
2,000,000
2.4
Fees for processing of applications for the
license to use radioactive sources:
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Radioactive source with above-average dangerous
level of radiation
1 source
7,000,000
2.4.2
Radioactive source with average dangerous level
of radiation
1 source
5,000,000
2.4.3
Radioactive source with below-average dangerous level
of radiation
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3,000,000
3
Appraisal of radiation safety assessment
reports made by atomic ore exploration and extraction facilities in order to
grant license to explore, extract and process atomic ores
1 facility
60,000,000
4
Fees for processing of applications for the
license to treat and store radioactive waste and spent radioactive sources
4.1
Fees for processing of applications for the
license to treat and store radioactive waste
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60,000,000
4.2
Fees for processing of applications for the
license to treat and store spent radioactive sources:
4.2.1
Spent radioactive sources with above-average
dangerous level of radiation or a quantity of 10 sources or more
1 location
20,000,000
4.2.2
Spent radioactive sources with average dangerous
level of radiation and a quantity of less than 10 sources
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2,000,000
4.2.3
Spent radioactive sources with below-average
dangerous level of radiation and a quantity of less than 10 sources
1 source
1,000,000
5
Fees for processing of applications for the
license to establish radiation facility
5.1
Radioactive substances production or processing
facility
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25,000,000
5.2
Facility for treatment and storage of radioactive
waste with a radioactivity of more than 10,000 times the exemption level
1 facility
25,000,000
5.3
National radioactive waste storage warehouse
1 facility
40,000,000
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Other type of radiation facility
1 facility
15,000,000
6
Fees for processing of applications for the
license to change scale or scope of radiation facility; the license to
terminate operations of radiation facility
6.1
Fees for processing of applications for the
license to change scale or scope of radiation facility:
6.1.1
Radioactive substances production or processing
facility
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25,000,000
6.1.2
Facility for treatment and storage of radioactive
waste with a radioactivity of more than 10,000 times the exemption level
1 facility
25,000,000
6.1.3
National radioactive waste storage warehouse
1 facility
40,000,000
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Other type of radiation facility
1 facility
15,000,000
6.2
Fees for processing of applications for the
license to terminate operations of radiation facility:
6.2.1
Accelerator facility
1 facility
7,000,000
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Radiotherapy facility using high-dose rate
brachytherapy devices and external Beam Radiotherapy devices using
radioactive sources
1 facility
25,000,000
6.2.3
Materials disinfection and treatment irradiation
facility using radioactive sources
1 facility
25,000,000
6.2.4
Facility for treatment and storage of radioactive
waste with a radioactivity of more than 10,000 times the exemption level
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25,000,000
6.2.5
Radioactive substances production or processing
facility
1 facility
40,000,000
6.2.6
National radioactive waste storage warehouse
1 facility
65,000,000
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Fees for processing of applications for the
license to import or export radioactive substances
7.1
Radioactive source with above-average dangerous
level of radiation
1 source or 1 set of radioactive sources used for
1 device
7,000,000
7.2
Radioactive source with average dangerous level
of radiation
1 source
2,000,000
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Radioactive source with below-average dangerous
level of radiation
1 source
1,000,000
8
Fees for processing of applications for the
license to pack and transport radioactive materials
8.1
Radioactive
substances:
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Radioactive source with above-average dangerous
level of radiation
1 package
7,000,000
8.1.2
Radioactive source with average dangerous level
of radiation
1 package
2,000,000
8.1.3
Radioactive source with below-average dangerous
level of radiation
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1,000,000
8.2
Radioactive waste
1 shipment
4,000,000
8.3
Source materials
1 shipment
4,000,000
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Nuclear materials
1 shipment
7,000,000
9
Fees for processing of applications for the
license to transport radioactive materials transiting the territory of
Vietnam
9.1
Radioactive substances
1 shipment
25,000,000
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Nuclear materials and/or source materials
1 shipment
65,000,000
Notes:
Categorization of radioactive sources:
1.1. Radioactive sources with above-average dangerous
level of radiation: Include radioactive sources in Group 1 and Group 2
according to classification of radioactive sources prescribed in the National
Technical Regulation QCVN 6: 2010/BKHCN promulgated under the Circular No.
24/2010/TT-BKHCN dated December 29, 2010 by Ministry of Science and Technology
on promulgation and implementation of “the National Technical Regulation on
Radiation Protection - Categorization and classification of radioactive
sources” (QCVN 6: 2010/BKHCN);
1.2. Radioactive sources with average dangerous
level of radiation: Include radioactive sources in Group 3 according to
classification of radioactive sources prescribed in the National Technical
Regulation QCVN 6: 2010/BKHCN;
1.3. Radioactive sources with below-average dangerous
level of radiation: Include radioactive sources in Group 4 and Group 5
according to the National Technical Regulation QCVN 6: 2010/BKHCN.
2. Fees for appraisal of radiation-generating
devices using radioactive sources prescribed in Section 1.5 of this Schedule
shall be applied when a device is accompanied with 01 radioactive source. In
case a device is accompanied with several radioactive sources, the fee of fees
for processing of applications for the license to use such device shall be
calculated according to the fees of fees for processing of applications for the
license to use radioactive sources provided for in Section 2.4 of this
Schedule.
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a) With regard to an application for the license to
perform a practice using 2-3 radiation sources or a license to perform 2-3
radiation practices, the fee shall be equal to 95% of corresponding fee
prescribed in the Schedule;
b) With regard to an application for a license to
perform a practice using 4-5 radiation sources or a license to perform 4-5
radiation practices, the fee shall be equal to 90% of corresponding fee
prescribed in the Schedule;
c) With regard to an application for a license to
perform a practice using 6 radiation sources, or above, or a license to perform
6 radiation practices, or above, the fee shall be equal to 85% of corresponding
fee prescribed in the Schedule.
E.g.: A facility applies for a license to perform
radiation practices for importing 4 radioactive substances in the group of
radioactive sources with below-average dangerous level of radiation and
transporting 18 packages of such radioactive substances. The fee of fees for
processing of applications for the license to perform radiation practices is
calculated by adopting the following formula:
90% x (4 x 1,000,000
+ 18 x 1,000,000) = VND 19,800,000
4. The fee for
license renewal shall be equal to 75% of the fee for processing of an
application for a new license prescribed in the Schedule.
5. Applicants for
revision or reissuance of license shall not pay appraisal fees.
II. FEES FOR PROCESSING OF APPLICATIONS FOR
CERTIFICATE OF ELIGIBILITY TO PROVIDE ATOMIC ENERGY APPLICATION SUPPORT
SERVICES
No.
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Unit
Fee rate
(VND)
1
Appraisal for granting certificate of eligibility
to provide training services (including training in radiation safety and
professional skills for radiation workers).
1 service
10,000,000
2
Appraisal for granting certificate of eligibility
to provide radiation-generating device inspection services.
1 service
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3
Appraisal for granting certificate of eligibility
to provide other atomic energy application support services.
1 service
7,000,000
Notes:
Fee for processing
of an application for renewal of certificate of eligibility shall be equal to
75% of the fees for processing of an application for a new certificate of
eligibility prescribed in the Schedule.
Applicants for
revision or reissuance of certificate of eligibility shall not pay appraisal
fees.
III. FEES FOR PROCESSING OF APPLICATIONS FOR
APPROVAL FOR INTERNAL OR PROVINCIAL NUCLEAR AND RADIATION EMERGENCY RESPONSE
PLANS
No.
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Unit
Fee rate
(VND)
1
Appraisal for giving approval for a provincial
nuclear and radiation emergency response plan
01 plan
15,000,000
2
Appraisal for giving approval for internal
emergency response plans:
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2.1
Appraisal for giving approval for internal
emergency response plans with respect to facilities in the threat categories
I, II and III, and facilities that perform radiation practices using
radioactive sources in industrial radiography testing
01 plan
5,000,000
2.2
Appraisal for giving approval for internal
emergency response plans with respect to facilities in the threat category IV
- Facilities that perform radiation practices using radioactive sources in group
2 (excluding radioactive sources used in industrial radiography testing),
group 3, group 4 according to the QCVN 6:2010/BKHCN, X-ray generators for
industrial radiography testing and accelerators
01 plan
2,000,000
2.3
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01 plan
500,000
B. CHARGES
No.
Description
Unit
Fee rate
(VND)
1
Charges for processing
of applications for certificate of radiation worker
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200,000
2
Charges for processing of applications for
practicing certificate for provider of atomic energy application support
services
1 certificate
200,000
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