Thông tư liên tịch 08/2012/TTLT-BTC-BTP

JOINT CIRCULAR

GUIDING THE RATES AND THE COLLECTION, REMITTANCE, MANAGEMENT AND USE OF NOTARIZATION CHARGES

Pursuant to the Law on Notarization No. 82/2006/QH11 of November 29, 2006;

Pursuant to the Ordinance on Charges and Fees No. 38/2001/PL-UBTVQH10 of August 28, 2001:
Pursuant to the Government's Decree No. 02/2008/ND-CP of January 4, 2008 detailing and guiding the implementation of a number of articles of the Law on Notarization;

Pursuant to the Government's Decree No. 57/2002/ND-CP of June 3, 2002 and the Decree No.24/2006/ND-CP of March 6, 2006 amending and supplementing a number of articles of the Government's Decree No.57/2002/ND-CP of June 3, 2002 detailing the implementation of the Ordinance on Charges and Fees;

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;

Pursuant to the Government's Decree No. 93/2008/ND-CP of June 02, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

In furtherance of the Resolution No. 25/NQ-CP of June 02, 2010 of the Government on the simplification of 258 administrative procedures within the jurisdiction of Ministries and sectors;

The Ministry of Finance and the Ministry of Justice jointly guide the rates and the collection, remittance, management and use of notarization charges as follows:

Article 1. Scope of adjustment and objects of application

1. Scope of adjustment

This Joint Circular promulgates the rates and the collection, remittance, management and use of notarization charges applicable to notarization of contracts and transactions, archival of testaments and issue of copies of notarized documents prescribed in the Law on Notarization and the Government's Decree No. 02/2008/ND-CP of January 4, 2008 detailing and guiding the implementation of a number of provisions of the Law on Notarization.

2. This Joint Circular applies to the following objectives:

a) Vietnamese and foreign organizations and individuals that request the notarization of contracts or transactions, archival of testaments or issue of copies of notarized documents.

3. Notarization charge-collecting units include notarial bureaus, notarial offices (hereinafter referred to as charge-collecting units).

Article 2. Rates of notarization charges

1. The rates of notarization charges prescribed in this Joint Circular shall be uniformly applied by notarial bureaus, notarial offices. For notarial offices, charge rates specified in this Circular are inclusive of value-added tax (if any) as prescribed in the Law on Value-Added Tax and guiding documents. When individuals and foreign organizations wish to make charge payment in a foreign currency, the notarization charges shall be paid in a foreign currency after converting the charge amount in Vietnam dong into such foreign currency at the exchange rate on the inter-bank foreign currencies market announced by the State Bank of Vietnam at the time of charge collection.

2. The rate of charges for the notarization of contracts or transactions to be determined based on the value of property or the value of contracts or transactions:

a. The rate of charges for notarization of the following contracts or transactions notarization shall be determined as follows:

- Notarization of contracts on transfer or donation of land-use rights or contribution of land-use rights as capital (calculated based on the value of land-use rights);

- Notarization of contracts on the transfer or donation of land-use rights with assets attached to land or the contribution of land-use rights with assets attached to land as capital (calculated based on the total value of land use rights and assets attached to land);

- Notarization of agreements on the sharing of inheritance and written acceptance of inheritance (calculated based on the value of the inheritance);

- Notarization of contracts on capital borrowings (calculated based on the value of loans);

- Notarization of contracts on property mortgage or pledge (calculated based on the value of property; if the value of loans is stated on contracts on property mortgage or pledge, calculated based on value of loans);

- Notarization of economic, commercial, investment and business contracts (calculated based on the value of contracts).

b) The rates of charge for notarization of contract on the lease of land use rights, rent of house; rent and rent back of property (calculated based on the total rents) are determined as follows:

c) Regarding contracts and transactions on land use rights or properties with prices determined by competent state agencies, the value of land use rights or property used for notarization charges calculation shall be the one agreed upon by parties to these contracts or transactions: when the prices of land or property agreed by parties are lower than those prescribed by competent state agencies at the time of notarization, the value used for notarization charges calculation is specified as follows: The value of land use rights or property used for notarization charges calculation = Land area or the quantity of property stated in the contract or transaction multiplied by (x) the price of land or property prescribed by a competent state agencies.

3. Rates of charges for the notarization of contracts or transactions not based on the value of property or the value of contracts or transactions are specified as follows:

c/ The rate of charge for custody of testaments: VND 100,000 /case.

d/ The rate of charges for the issue of copies of notarized documents: VND 5,000/page, from the third page, charges shall be collected at the rate of VND 3,000/page but the total charge amount must not exceed VND 100,000/document.

Article 3. Collection, remittance, management and use of notarization charges

1. Upon completion of the notarization of contracts or transactions, custody of testaments or issue of copies of notarized documents, requestor of such notarization shall pay notarization charges.

b/ Charge-collecting units shall issue and deliver receipts to charge payers as follows:

- Notarial Bureaus shall issue and deliver receipts to charge payers in accordance with the Finance Ministry's regulations on issuance, management and use of tax prints.

- Notarial offices shall issue and deliver receipts to charge payers in accordance with the Finance Ministry's regulations on issuance, management and use of invoices.

Article 4. Management and use of notarization charges

1. With regard to Notarial bureaus : Notarization charges constitute state budget revenue and shall be managed and used as follows:

a) Charge-collecting units may deduct 50% (fifty percent) of the collected charge amounts to cover expenses for the management and charge collection in accordance with regulations.

b) Charge-collecting units shall remit 50% (fifty percent) of the collected charge amounts into the state budget according to the corresponding chapter, category, item and sub-item of the current state budget index.

2. With regard to Notarial offices: Notarization charges are not state budget revenues. Collected charge amounts constitute turnover of charge-collecting units. Charge-collecting units shall pay taxes on the collected charge amounts in accordance with law and are entitled to manage and use the collected charge amounts after paying tax in accordance with law. Annually, charge-collecting units shall make tax finalization of the collected charge amounts with tax agencies in accordance with current tax law.

Article 5. Organization of implementation

1. This Joint Circular takes effect on March 15, 2012 and supersedes the Joint Circular No. 91/2008/TTLT-BTC-BTP of October 17, 2008 of the Inter-Ministry of Finance and Justice guiding the rates and the collection, remittance, management and use of notarization charges and fees.

2. Other provisions on the collection, remittance, management, use of charge, receipts and publication of regulation on tax collection not mentioned in this Circular shall comply with the guidance in the Finance Ministry's Circular No. 63/2002/ TT-BTC of July 24, 2002, and Circular No. 45/ 2006/TT-BTC of May 25, 2006, amending and supplementing Circular No. 63/2002/TT-BTC of July 24.2002 of the Ministry of Finance guiding the implementation of legal provisions/regulations on charges and fees and the Finance Ministry's Circular No. 28/2011/TT-BTC of February 28, 2011 guiding the implementation of a number of provisions of Law on Tax Administration, guiding the implementation of the Government’s Decree No. 85/2007/ND-CP of May 25, 2007 and Decree No. 106/2010/ND-CP of October 28, 2010.

3. Any problems arising in the course of implementation should be promptly reported to the Ministry of Finance and the Ministry of Justice for study and additional guidance.