Thông tư 42/2013/TT-BTC

CIRCULAR

PROVIDING FOR THE COLLECTION LEVELS, REGIME OF COLLECTION, REMITTANCE, MANAGEMENT OF FEES IN THE FIELD OF COMMERCIAL ARBITRATION OPERATION

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

Pursuant to the Government’s Decree No. 57/2002/ND-CP of June 03, 2002 detailing the implementation of the Ordinance on Charges and Fees; the Decree No. 24/2006/ND-CP of March 06, 2006 amending and supplementing a number of articles of the Decree No. 57/2002/ND-CP of June 03, 2002;   

Pursuant to the Government’s Decree No. 63/2011/ND-CP of July 28, 2011 detailing and guiding implementation of a number of articles of the Law on commercial arbitration;

Pursuant to the Government’s Decree No. 118/2008/ND-CP of November 27, 2008 defining the functions, tasks, powers and organizational structure of the Ministry of Finance;  

At the proposal of Director of the Tax Policy Department,

The Minister of Finance promulgates the Circular providing for the collection levels, regime of collection, remittance and management of fees in the field of commercial arbitration operation.

Article 1. Fee payers

Fee payers as prescribed in this Circular include:

1. Organizations applying for grant, re-grant, content change of establishment permits, operation registration certificates of the arbitration centers, the operation registration certificates for branches of arbitration centers.

2. Organizations of foreign arbitration applying for grant, re-grant, content change of establishment permits, operation registration certificates of branches, establishment permits of representative offices of foreign arbitration organizations in Vietnam.

Article 2. The fee levels

The collection levels of fees in field of commercial arbitration operation are provided as follows:

Article 3. Collection, remittance and management of fees

1. The Ministry of Justice shall perform grant, re-grant of the establishment permits of arbitration centers; establishment permits of Branches, representative offices of foreign arbitration organizations in Vietnam; content change of establishment permits of arbitration centers; ranches, representative offices of foreign arbitration organizations in Vietnam and collect fees.

2. The provincial Departments of Justice shall perform grant, re-grant, content change of operation registration certificates of arbitration centers; re-grant, content change of branches of arbitration centers and collect fees.

3. Agencies collecting fees shall submit all the collected fees into the State budget according to the chapter, index, and sub-index of the current the State budget index. Fundings for grant of permits and fee collection in the field of commercial arbitration of agencies, organizations of a level shall be financed by the State budget of the same level, be summarized into the annual regular expenditure budget estimates of those agencies, organizations.

4. Other contents relating to collection, remittance, management, use, public of regime of collection of fees for the commercial arbitration license not guided in this Circular comply with guides in the Circular No. 63/2002/TT-BTC of July 24, 2002 of the Ministry of Finance guiding the implementation of the law provisions on charges and fees, the Circular No. 45/2006/TT-BTC of May 25, 2006, amending and supplementing the Circular No. 63/2002/TT-BTC of July 24, 2002, the Circular No. 153/2012/TT-BTC of September 17, 2012 of the Ministry of Finance, guiding the printing, issuance, management and use of documents for the collection of charges and fees belonging to the state budget and the Circular No. 28/2011/TT-BTC of February 28, 2011, of the Ministry of Finance, guiding implementation of a number of articles of the Law on Tax Administration and the Government’s Decree No. 85/2007/ND-CP of May 25, 2007 and the Government’s Decree No. 106/2010/ND-CP of October 28, 2010, and documents of amendments, supplementations (if any).

Article 4. Imlementation organization

1. This Circular takes effect on June 01, 2013. This Circular annuls the Circular No. 01/2005/TT-BTC of January 04, 2005 of the Ministry of Finance, 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.

2. In the course of implementation, any arising problems should be reported timely to the Ministry of Finance for study and guidance.