Circular No. 01/2005/TT-BTC guiding the regime for collecting, submitting, managing, and using fees for issuing permits, changing the content of permits, registering the operation of arbitration centers, registering the operation of arbitration center branches, and court-related arbitration fees.

CIRCULAR

GUIDELINES ON THE REGIME OF COLLECTION, PAYMENT, MANAGEMENT AND USE OF FEES FOR LICENSE ISSUANCE, CONTENT MODIFICATION OF LICENSES, REGISTRATION OF ACTIVITIES OF ARBITRATION CENTERS, BRANCH REGISTRATION OF ARBITRATION CENTERS AND COURT FEES RELATED TO ARBITRATION

Pursuant to Decree No. 25/2004/NĐ-CP dated January 15, 2004 of the Government detailing implementation of certain provisions of the Arbitration Ordinance;

Pursuant to Decree No. 57/2002/NĐ-CP dated June 3, 2002 of the Government detailing the implementation of the Ordinance on Fees and Charges;

Pursuant to Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

The Ministry of Finance issues guidelines on the regime of collection, payment, management and use of fees for license issuance, content modification of licenses, registration of activities of arbitration centers, branch registration of arbitration centers and court fees related to arbitration, as follows:

I. APPLICABLE OBJECTS

The entities required to pay fees under this Circular include:

1. Organizations and individuals when submitting applications for establishment, modification of content of establishment licenses, registration of activities of arbitration centers, branch registration of arbitration centers must pay licensing fees for establishment, registration of activities.

2. Organizations and individuals requesting the Court to appoint arbitrators, change arbitrators, review decisions of the arbitral tribunal regarding arbitration agreements, jurisdiction of the arbitral tribunal over disputes, application, modification, revocation of interim measures, annulment of arbitral awards, appeal against Court decisions must pay court fees related to arbitration.

II. AMOUNTS OF COLLECTION, REGIME OF COLLECTION, PAYMENT, MANAGEMENT AND USE OF FEES

1. Amounts:

Based on the provisions of Article 13 and Article 14 of Decree No. 25/2004/NĐ-CP dated January 15, 2004 of the Government detailing implementation of certain provisions of the Arbitration Ordinance, the amounts of fees for license issuance, content modification of licenses, registration of activities of arbitration centers, branch registration of arbitration centers and court fees related to arbitration are stipulated as follows:

2. Regime of collection, payment, management and use:

a) Entities required to pay fees must pay the full amount of the prescribed fees at point 1 of this section when submitting applications for establishment, modification of content of establishment licenses, registration of activities of arbitration centers, branch registration of arbitration centers or when sending requests to the Court to appoint arbitrators, change arbitrators, review decisions of the arbitral tribunal regarding arbitration agreements, jurisdiction of the arbitral tribunal over disputes, application, modification, revocation of interim measures, annulment of arbitral awards, appeal against Court decisions.

b) Fee collecting agencies:

- The fee collecting agency for license issuance, content modification of licenses, registration of activities of arbitration centers, branch registration of arbitration centers is the agency authorized to issue establishment licenses, registration of activities of arbitration centers, branch registration of arbitration centers;

- The fee collecting agency for court fees related to arbitration is the Court where the entity required to pay fees sends requests to the Court to appoint arbitrators, change arbitrators, review decisions of the arbitral tribunal regarding arbitration agreements, jurisdiction of the arbitral tribunal over disputes, application, modification, revocation of interim measures, annulment of arbitral awards, appeal against Court decisions.

- When collecting fee payments, the fee collecting agency must issue and provide receipts to the entity required to pay fees in accordance with current regulations of the Ministry of Finance on issuance, management, and use of tax stamps.

c) Fees for license issuance, content modification of licenses, registration of activities of arbitration centers, branch registration of arbitration centers and court fees related to arbitration are revenue items belonging to the state budget, managed and used as follows:

- The fee collecting agency must remit the entire amount of collected fees to the state budget as follows:

+ For fees for license issuance, content modification of licenses, registration of activities of arbitration centers, branch registration of arbitration centers, they are recorded in corresponding chapters, types, and sub-items, item 047, sub-item 29 of the current state budget classification;

+ For court fees related to arbitration, they are recorded in corresponding chapters, types, and sub-items, item 045, sub-item 07 of the current state budget classification.

- Operating expenses for fee collection are guaranteed by the state budget according to annual budgets.

d) The establishment, execution, accounting, and settlement of income and expenditure of fees for license issuance, content modification of licenses, registration of activities of arbitration centers, branch registration of arbitration centers and court fees related to arbitration shall be carried out in accordance with the State Budget Law, the Fees and Charges Ordinance, and guiding documents.

III. IMPLEMENTATION

This Circular takes effect fifteen days from the date of publication in the Official Gazette. Other matters related to the collection, payment, management, and use of fees not covered in this Circular shall be implemented in accordance with Circular No. 63/2002/TT-BTC dated July 24, 2002 of the Ministry of Finance guiding the implementation of laws on fees and charges./.