Thông tư 335/2016/TT-BTC

CIRCULAR

PRESCRIBING THE PROPERTY AUCTION FEES, 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 Property Auction dated November 17, 2016;

Pursuant to Decree No. 120/2016/NĐ-CP dated August 23, 2016 by the Government in which detailed regulations and instructions on implementing some articles in the Law on fees and charges are provided;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013 by the Government on the functions, duties, scope of power and organizational structure of the Ministry of Finance;

At the request of the Director General of the Department of Tax Policies,

Minister of Finance promulgates a Circular prescribing the property auction fees.

Article 1. Scope and regulated entities

1. This Circular prescribes the property auction fees, collection, transfer, management and use thereof.

2. Organizations and individuals whose property is sold at auction, as stated in regulations in Decree No. 17/2010/NĐ-CP dated March 04, 2010 by the Government on property auction, shall pay the fees provided for in this Circular to auctioneer organization, except for cases of auctioning levied land or auctioning the right to lease land, or the cases handled by Property Auction Council.

3. Bids shall be offered according to regulations in Decree No. 17/2010/NĐ-CP dated March 04, 2010 by the Government.

Article 2. Fees

1. Fees to be paid by property sellers:

In the cases where a piece of property is successfully sold at auction, the auction fees shall vary according to the proceeds from the auction. To be specific:

In the cases where a piece of property is not successfully sold at auction, within the period of 7 days from the day the auction is closed, the property seller, the judgment enforcement authority, finance authority shall reimburse the auctioneer organization and the Property Auction Council for the actual and reasonable costs they incurred as prescribed in Article 43 of Decree No. 17/2010/NĐ-CP dated March 04, 2010, unless otherwise agreed by the parties or prescribed by law.

2. Fees to be paid by bidders:

Fees to be paid by bidders shall vary according to the starting price. To be specific:

3. With the characteristics and specific conditions of each province as the grounds, the People’s Committee of each province or the central-affiliated city (hereinafter referred to as “province”) shall set their own auction fees, which must not exceed the fees specified in Clause 1, Clause 2 of this Article.

Article 3. Managing and using fees collected

 The fees collected shall be managed and used as below:

1. The Property Auction Council has the right to use the fees collected to cover the expenses. Any remainder shall be transferred to State Budget.

2. Auction Service Center shall manage and use the property auction fees collected as follows:

In the cases where the auction activities of the Auction Service Center are funded by State Budget, the fees collected shall be transferred in full to State Budget according to the applicable regulations of the law.

In the cases where the auction activities of the Auction Service Center are not funded by State Budget, it may retain a part of the fees collected to cover the expenses incurred in the process of holding the auction according to the regulations of the law; the remainder shall be transferred to State Budget.

Based on the fees imposed by the provincial authority and the performance of the Auction Service Center, the People's Committee of each province and the central-affiliated city shall decide the percentage of auction fees to be retained by the fee-collecting organization to cover the expenses incurred from holding the auction.

3. In the cases where the fee-collecting organization is an auctioneer organization (except for those organizing land use right auctions): The auction fees are not considered State Budget revenues. The fee-collecting organization shall be responsible for paying taxes on the fees collected and possess the right to manage and use them after having paid taxes according to the regulations of the law. Each year, the fee-collecting organization shall submit an annual declaration of tax on the fees collected to the tax authority according to the law on tax in force.

4. Other regulations related to the collection, transfer, management and use of fees, fee collecting documents, release of fee policies not mentioned in this Circular shall be implemented in compliance with the regulations in the Law on fees and charges, Decree No. 120/2016/NĐ-CP dated August 23, 2016 by the Government; Circular No. 156/2013/TT-BTC dated November 06, 2013 by the Minister of Finance on implementing some articles of the Law on Tax Management, Law Amending and Supplementing a number of articles of the Law on Tax Management and Decree No. 83/2013/NĐ-CP dated July 22, 2013 by the Government; Circular by the Minister of Finance on printing, publishing, managing and using documents regarding fees and charges considered State Budget revenues and other amendment, supplement and replacement documents (if any)

Article 4. Implementation

1. This Circular comes into force from February 12, 2017 to July 01, 2017.

2. Auction fees imposed by the People’s Councils of provinces in accordance with Circular No. 03/2012/TT-BTC dated January 05, 2012 by the Ministry of Finance before the date this Circular is promulgated shall remain applicable in their provinces until the People’s Councils impose new fees.

3. The regulations on property auction fees, collection, transfer, management and use thereof prescribed in this Circular shall be applied from the date stated in Clause 2, Article 81 of the Law on Property Auction. (January 01, 2017)

4. Difficulties that arise in the process of implementation of this document should be immediately reported to the Ministry of Finance for research and amendments.