Thông tư 197/2014/TT-BTC

CIRCULAR

REGULATIONS ON COLLECTION, MANAGEMENT AND USE OF FEES FOR APPRAISAL AND ISSUANCE OF CERTIFICATE OF MULTI-LEVEL MARKETING

Pursuant to the Ordinance on Fees and Charges No. 38/2001/PL-UBTVQH10 on August 28, 2011;

Pursuant to the Government's Decree No. 57/2002/NĐ-CP on June 03, 2002 and the Government's Decree No. 24/2006/NĐ-CP on March 06, 2006 detailing the implementation of the Ordinance on Fees and Charges;

Pursuant to the Government's Decree No. 42/2014/NĐ-CP dated May 14, 2014 on management of multi-level marketing activities;

Pursuant to the Government's Decree No. 215/2013/NĐ-CP dated December 23, 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Finance;

At the proposal of the Director of the Tax Policy Department,

The Minister of Finance has promulgated the Circular regulating collection, management and use of fees for appraisal and issuance of Certificate of multi-level marketing, as follows:

Article 1. Fee payers and collecting agencies

1. Upon submission of request for replacement, amendment, supplements or extension for Certificate of multi-level marketing activities (hereinafter referred to as the Certificate), multi-level marketing enterprises must pay fees for appraisal; And upon grant of replacement, amendment, supplements or extension of the Certificate, such enterprises shall pay charges as regulated hereof.

2. Vietnam Competition Authority (the Ministry of Trade and Industry) shall be responsible for collecting, managing and using fees for appraisal for replacement, amendment, supplements and extension, or charges for replacement, amendment, supplements and extension of the Certificate as regulated hereof.

Article 2. Level and manner of fee collection

1. Level of fees

a) Fee for appraisal for replacement and extension of the Certificate shall be VND 5,000,000/ appraisal

b) Fee for appraisal for amendment, supplements to the Certificate shall be VND 3,000,000/appraisal.

2. Level of charges

a) Charges for replacement and extension of the Certificate shall be VND 400,000/Certificate

b) Charges for amendment, supplements to the Certificate shall be VND 200,000/Certificate.

3. Payment of fees & charges must be made in cash to collecting agencies or by transfer to accounts opened by collecting agencies at State Treasuries.

Article 3. Management and use of collected fees and charges

1. Charges for replacement, amendment, supplements or extension of the Certificate shall be paid to the State budget. Vietnam Competition Authority shall pay 100 per cent of total amount of collected charges to the State budget according to chapters, sections, sub-sections stated in the current index of the State budget.

2. Fees for appraisal for replacement, amendment, supplements or extension of the Certificate shall be paid to the State budget. Vietnam Competition Authority shall be permitted to receive 90 per cent of total amount of collected fees paid to the State budget for such expenses as below:

a) Salary, wages, allowances to staff in charge of collection of fees and other amounts as stipulated; salary to officials and public servants who receive salary from the State budge as stipulated;

b) Expenses for the execution of fee collection such as stationery and office supplies, communications, water, electricity and business fees (travel, accommodation...) according to applicable standards;

c) Expenses for regular and major maintenance of properties, machinery and equipment serving the tasks of appraisal and collection of fees;

d) Expenses for purchase of raw materials and other expenses for the tasks of appraisal and collection of fees;

dd) Expenses for commendation and welfare for staff directly charged with the tasks of appraisal and collection of fees & charges according to the principle that each staff shall receive not more than three months of salary if current year’s earning is higher than previous year’s and receive at most two months of salary if current year’s earning is lower or equal to previous year’s after all other expenses as stipulated in Points a, b, c and d of this Clause are ensured. It shall be transferred to the following year if it is not used up according to applicable regulations.

3. The remaining ten per cent shall be paid by Vietnam Competition Authority to the State budget according to chapters, sections, sub-sections stated in the current index of State budget.

Article 4. Implementation

1. This Circular shall take effects since February 10, 2015.

2. Other issues relating to collection, management, and use of fees for appraisal for replacement, amendment, supplements and extension; charges for replacement, amendment, supplements and extension of the Certificate that are not regulated hereof shall be regulated in the Circular No. 63/2002/TT-BTC dated July 14, 2002 of the Ministry of Finance implementing some articles of the Law on tax administration; the Law on amending, supplementing some articles of the Law on tax administration and the Government’s Decree No. 83/2013/NĐ-CP dated September 22, 2012 and the Ministry of Finance’s Circular No. 153/2012/TT-BTC dated September 17, 2012 guiding printing, issuance, management and use of vouchers for collection of fees, charges paid to the State budget and other amended, supplemented documents (if any).

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Finance for study and instruction./.