Thông tư 257/2016/TT-BTC

CIRCULAR

REGULATIONS ON NOTARIAL AND AUTHENTICATION SERVICE FEES, FEES FOR VERIFICATION OF ELIGIBILITY FOR PRACTICING AS A NOTARY, FEES FOR VERIFICATION OF ELIGIBILITY FOR OPERATING PRIVATE NOTARY OFFICE, CHARGES FOR PROCESSING OF APPLICATIONS FOR NOTARY CARD, AND THE 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 notarization dated June 20, 2014;

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;

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

Minister of Finance promulgates this Circular to announce the following regulations on notarial and authentication service fees, the fees for verification of eligibility for practicing as a notary, fees for verification of eligibility for operating Private Notary Office, charges for processing of applications for notary card, and the collection, transfer, management and use thereof.

Article 1. Scope and regulated entities

1. This Circular provides for the notarial service fees, the fees for certification of copies from original documents, authentication of signatures appended on documents/papers, the fees for verification of eligibility for practicing as a notary, the fees for verification of eligibility for operating Private Notary Office, and the charges for processing of applications for notary card, and the collection, transfer, management and use thereof.

2. This Circular applies to:

a) Organizations and individuals requesting notarization of contracts, transactions or translations, or requesting the storage of wills or issuance of copies of notarized documents; requesting certification of copies from original documents, authentication of signatures appended on documents/papers; requesting verification of eligibility for practicing as a notary, verification of eligibility for operating Private Notary Office, and individuals who are granted notary cards.

b) Collectors of notarial service fees, authentication service fees, fees for verification of eligibility for practicing as a notary, fees for verification of eligibility for operating Private Notary Office and charges for processing of applications for notary card;

c) Other organizations and individuals involved in the collection, transfer, management and use of notarial service fees, authentication service fees, fees for verification of eligibility for practicing as a notary, fees for verification of eligibility for operating Private Notary Office, and charges for processing of applications for notary card.

Article 2. Payers

1. Any organizations/ individuals that request notarization of contracts, transactions or translations, storage of wills or issuance of copies of notarized documents must pay notarial service fees.

2. Any organizations/ individuals that request certification of copies from original documents, or authentication of signatures appended on documents/ papers must pay authentication service fees.

3. Any individuals that apply for testing of performance of notary practice probation for appoinment of notary or apply for re-appointment of notary must pay fees for verification of eligibility for practicing as a notary.

4. Any organizations that apply for certificate of operation registration for Private notary office must pay fees for verification of eligibility for operating the Private Notary Office.

5. Any individuals who are issued or re-issued notary card must pay charges for processing of applications for notary card.

Article 3. Collectors

1. Notary Offices are responsible for collecting notarial and authentication service fees.

2. Private Notary Offices are also collectors of notarial and authentication service fees.

3. Bureau of Judicial Affairs Support (affiliated to Ministry of Justice) shall collect fees for verification of eligibility for practicing as a notary.

4. Departments of Justice of central-affiliated cities/ provinces (hereinafter referred to as Departments of Justice) shall collect fees for verification of eligibility for operating Private Notary Office and charges for processing of applications for notary card.

Article 4. Fee and charge

The fees and charges prescribed in this Circular are as follows:

1. Notarial service fees prescribed in this Circular shall be consistently applied to both Notary Offices and Private Notary Offices. If collectors are Notary Offices, the fees precribed in this Circular have included VAT in accordance with regulations of the Law on value-added tax and its instructional documents.

2. Fees for notarization of contracts or transactions according to the value of property or the value of contract/transaction:

a) Fees for notarization of contracts/ transactions:

a1) Notarization of contracts for transfer, donation, division, merging, exchange or contribution of capital by land use right: The notarial service fee shall be calculated according to the value of the land use right.

a2) Notarization of contracts for transfer, donation, division, merging, exchange or contribution of capital by land use right and properties attached to land including house and structures on land: The notarial service fee shall be calculated according to the sum of the value of the land use right and the values of properties attached to land, including the values of house and structures on land.

a3) Notarization of contracts for sale or donation of other properties, or contribution of capital by other properties: The notarial service fee shall be calculated according to the value of property.

a4) Notarization of agreements on division of inherited property or declaration of inherited property: The notarial service fee shall be calculated according to the value of inherited property.

a5) Notarization of loan agreements: The notarial service fee shall be calculated according to the loan.

a6) Notarization of property mortgage or pledge agreements: The notarial service fee shall be calculated according to the value of property. In case the loan is specified in the property mortgage or pledge agreement, the notarial service fee shall be calculated according to that loan.

a7) Notarization of economic contracts, commercial contracts, investment or business contracts: The notarial service fee shall be calculated according to the value of contract/ transaction.

b) Fees for notarization of lease of land use right, lease of residential house, lease or sublease of property:

c) Fees for notarization of contracts for buying and selling property at auction (calculated according to the value of property):

d) With regard to a contract/ transaction in the land use right or property whose value is set by a competent state authority, the value of the land use right or property which is used as the basis for calculating the notarial service fee shall be agreed upon by the parties of that contract/ transaction. If the value agreed upon by the parties is lower than the value applied by the competent state authority at the time of notarization, the notarial service fee shall be calculated as follows:

The value of the land use right or property which is used as the basis for calculating the notarial service fee = The land area/ the quantity of properties specified in the contract/ transaction (x) The value of the land use right or property set by the competent state authority.

3. Fees for notarization of contracts or transactions regardless of the value of property or the value of contract/ transaction:

4. Fees for storage of wills: VND 100 thousand/ case.

5. Fees for issuance of copies of notarized documents: VND 05 thousand/ page, and VND 03 thousand for each further page beyond two pages, provided the total fee shall not exceed VND 100 thousand/ copy.

6. Fees for notarization of translation: VND 10 thousand/ page for the first copy of translation.

If there are many copies of translation are requested, from the second copy onwards, the fee shall be VND 05 thousand/ page for the first and second pages and VND 03 thousand for each further page beyond two pages, provided total fee shall not exceed VND 200 thousand/ copy.

7. Fees for certification of copies from original documents: VND 02 thousand/ page for the first and second pages, and VND 01 thousand for each further page beyond two pages, provided total fee shall not exceed VND 200 thousand/ copy.

8. Fees for authentication of signatures appended on documents/ papers: VND 10 thousand/ case (a case herein refers to one or more signatures appended on a document or paper).

9. Fees for verification of eligibility for practicing as a notary, and fees for verification of eligibility for operating Private Notary Office and charges for processing of applications for notary card:

Article 5. Declaration and transfer of fees and charges

1. Not later than the 05^th day of every month, the collector that is the Bureau of Judicial Affairs Support, Department of Justice or the Notary Office must transfer the fees collected in the previous month into the designated state budget account which is opened at the State Treasury.

2. The collector of fee/ charge that is the Bureau of Judicial Affairs Support, Department of Justice or the Notary Office must declare and transfer collected fees/ charges to state budget 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 management; the Law on amendments to the Law on tax management and the Government's Decree No. 83/2013/ND-CP dated July 22, 2013.

Article 6. Management of fees and charges

1. Fees and charges collected by the Bureau of Judicial Affairs Support, Departments of Justice or the Notary Offices:

a) The collector must transfer the sum of collected fees to the state budget, except for the case prescribed in Point b Clause 2 of this Article. Expenditure for carrying out the verification and collection of fees shall be covered by funding from state budget included in the collector’s estimate under policies and levels of state budget expenditures as regulated.

b) In case the collector is provided with predetermined operating expenditure in conformity with regulations on the autonomy in payroll and use of administrative expenditure by state agencies by the Government or the Prime Minister, then it shall:

b1) Retain 90% of the sum of collected fees to cover its expenditures as prescribed in Clause 2 Article 5 of the Decree No. 120/2016/ND-CP and transfer the remains as 10% of the sum of collected fees to state budget if it is the Bureau of Judicial Affairs Support or Department of Justice.

b2) If the collector is a Notary Office:

- A Notary Office that itself ensures all of its current expenditures and investment spending may use 75% of the sum of collected fees to cover its expenditures as prescribed in Clause 2 Article 5 of the Decree No. 120/2016/ND-CP The remains as 25% of the sum of collected fees must be transferred into state budget.

- A Notary Office that itself ensures a part of its current expenditures may use 60% of the sum of collected fees to cover its expenditures as prescribed in Clause 2 Article 5 of the Decree No. 120/2016/ND-CP and shall transfer the remains as 40% of the sum of collected fees to state budget.

- A Notary Office whose current expenditures are covered by the Government shall use 50% of the sum of collected fees to cover its expenditures as prescribed in Clause 2 Article 5 of the Decree No. 120/2016/ND-CP and transfer the remains as 50% of the sum of collected fees to state budget.

2. Private Notary Offices: Collected fees are also the revenue of the Private Notary Office. The Private Notary Office may retain 100% of the sum of collected fees to cover its expenditures for fee collection and shall assume responsibility to declare and pay value-added tax and corporate income tax as regulated by laws. The Private Notary Office shall make and deliver invoices to payers of fees in accordance with current regulations on issue, management and use of invoices by Ministry of Finance.

3. Each collector of charges must transfer 100% of the sum of collected charges to state budget. Expenditure for carrying out the collection of charges shall be covered by funding from state budget included in the collector’s estimate under policies and levels of state budget expenditures.

Article 7. Implementation

1. This Circular takes effect as of January 01, 2017.

2. The following regulations shall be null and void as of the entry into force of this Circular:

a) The Joint Circular No. 08/2012/TTLT-BTC-BTP dated January 19, 2012 by Minister of Finance and Minister of Justice providing for the notarial service fees, and the collection, transfer, management and use thereof;

b) The Joint Circular No. 115/2015/TTLT-BTC-BTP dated August 11, 2015 by Minister of Finance and Minister of Justice providing amendments to the Joint Circular No. 08/2012/TTLT-BTC-BTP dated January 19, 2012 providing for the notarial service fees, and the collection, transfer, management and use thereof;

c) The Circular No. 54/2015/TT-BTC dated April 21, 2015 by Minister of Finance providing for the collection of fees for testing and appointment of notary, and the charges for processing of applications for notary card and applications for certificate of operation registration for Private Notary Office.

3. Fees and charges for processing of applications for notarization, certification, verification of eligibility for practicing as a notary, verification of eligibility for operating Private notary office, or issuance of notary card that were submitted before the entry into force of this Circular and shall be handled after the entry into force of this Circular shall be governed by regulations in the Joint Circular No. 115/2015/TTLT-BTC-BTP dated August 11, 2015 by Minister of Finance and Minister of Justice, the Joint Circular No. 115/2015/TTLT-BTC-BTP dated August 11, 2015 by Minister of Finance and Minister of Justice and the Circular No. 54/2015/TT-BTC dated April 21, 2015 by Minister of Finance.

4. Other contents related to the collection, transfer, management, use, receipts and announcement of regulations on collection of the fees and charges, 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 management, the Law on amendments to the Law on tax management and the Government's Decree No. 83/2013/ND-CP dated July 22, 2013, and the Circular by Minister of Finance providing for the printing, issuance, management and use of receipts of fees and charges under the government revenues and other documents on amendments and supplements thereof (if any).

5. Difficulties that arise during the implementation of this Circular should be promptly reported to Ministry of Finance for consideration./.