Joint Circular No. 03/2007/TTLT-BTC-BTP guiding the regime for collection, submission, management, and utilization of registration fees and information provision fees for secured transactions.

JOINT CIRCULAR

Guidelines on the collection, payment, management, and use of registration fees and information provision fees for secured transactions

and fees for providing information on secured transactions

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Pursuant to Decree No. 57/2002/ND-CP dated June 3, 2002 of the Government detailing the implementation of the Ordinance on Fees and Registration Fees, and Decree No. 24/2006/ND-CP dated March 6, 2006 of the Government amending and supplementing certain articles of Decree No. 57/2002/ND-CP dated June 3, 2002 of the Government detailing the implementation of the Ordinance on Fees and Registration Fees;

Pursuant to Decree No. 08/2000/NĐ-CP dated March 10, 2000 of the Government on registration of secured transactions;

Pursuant to Decree No. 08/2000/ND-CP dated March 10, 2000 of the Government on secured transaction registration;

Pursuant to Decree No. 181/2004/NĐ-CP dated October 29, 2004 of the Government on the implementation of the Land Law;

Pursuant to Decree No. 16/2001/ND-CP dated May 2, 2001 of the Government on the organization and operation of financial leasing companies, and Decree No. 65/2005/ND-CP dated May 19, 2005 of the Government amending and supplementing certain articles of Decree No. 16/2001/ND-CP dated May 2, 2001 of the Government on the organization and operation of financial leasing companies;

Implementing the opinion of the Prime Minister stated in Circular No. 7643/VPCP-V.III dated December 29, 2006 of the Government Office.

Pursuant to Decree No. 181/2004/ND-CP dated October 29, 2004 of the Government on the implementation of the Land Law;

I. SCOPE OF APPLICATION

Pursuant to the opinion of the Prime Minister stated in Circular No. 7643/VPCP-V.III dated December 29, 2006 of the Government Office;

2. Organizations and individuals who request and are provided with information on secured transactions by the secured transaction registration authority shall be subject to payment of the information provision fee as prescribed in this Circular.

The Ministry of Finance and the Ministry of Justice jointly issue guidelines on the collection, payment, management, and use of registration fees and information provision fees for secured transactions as follows:

a) Registration of mortgage of land use rights and immovable property attached thereto of households and individuals residing permanently in the locality and engaged in agriculture, forestry, aquaculture, and salt production;

I. SCOPE OF APPLICATION

c) Request to cancel registration of secured transactions, finance lease contracts.

1. Organizations and individuals requesting registration of secured transactions, financial lease contracts, and other transactions and assets as prescribed by law (hereinafter collectively referred to as registration of secured transactions) at secured transaction registration authorities are subject to the payment of registration fees for secured transactions as stipulated in this Circular.

a) The National Secured Transaction and Property Registration Center under the Ministry of Justice;

2. Organizations and individuals who request and are provided with information about secured transactions by secured transaction registration authorities are subject to the payment of information provision fees as stipulated in this Circular.

c) Land Registration Office under the Department of Natural Resources and Environment; Land Registration Office under the District Natural Resources and Environment Office of the People's Committee of districts, towns, urban districts, and provincial cities; District Natural Resources and Environment Office where no Land Registration Office has been established and the People's Committee of communes authorized by the District Natural Resources and Environment Office.

3. Registration fees for secured transactions shall not be collected in the following cases:

1. Amount of registration fee for secured transactions

a) Registration of mortgage of land use rights and immovable property attached thereto of households and individuals residing permanently in the locality and engaged in agricultural, forestry, aquaculture, and salt production activities;

b) The amount of registration fee for secured transactions applicable at the registration authorities specified in point c, Clause 4, Section I shall be determined specifically by the People's Council of provinces and centrally-administered cities in accordance with local conditions, but the maximum amount shall not exceed the amount prescribed in point a of this clause.

a) The Center for Registration of Transactions and Assets under the National Register of Secured Transactions of the Ministry of Justice;

- For organizations and individuals registering secured transactions in accordance with the laws on civil aviation in Vietnam, the amount prescribed in Decision No. 69/2006/QĐ-BTC dated December 7, 2006 of the Minister of Finance regarding the determination of fees and charges, collection, management, and use thereof in the field of civil aviation shall apply.

b) Ship registration authorities;

2. Amount of fee for providing information on secured transactions

c) Land Registration Offices under Provincial Departments of Natural Resources and Environment; Land Registration Offices under District Departments of Natural Resources and Environment of People's Committees of districts, towns, cities under provinces; District Departments of Natural Resources and Environment where no Land Registration Office has been established, and People's Committees of communes authorized by District Departments of Natural Resources and Environment to perform such functions.

b) The amount of fee for providing information on secured transactions applicable at the maritime registration authority is 30,000 VND per case.

1. Amounts of registration fees for secured transactions

III. REGIME FOR COLLECTION, PAYMENT, MANAGEMENT AND USE OF REGISTRATION FEES AND INFORMATION PROVISION FEES

a) The amounts of registration fees for secured transactions applicable at secured transaction registration authorities specified in point a and point b clause 4 section I are as follows (each application for registration of a secured transaction is considered one case):

1. Organizations and individuals requesting registration of secured transactions and provision of information on secured transactions must pay the registration fee and information provision fee according to the prescribed rates in this Circular when submitting their applications, except where the law provides otherwise regarding the time of payment of fees.

CASES SUBJECT TO PAYMENT OF REGISTRATION FEES

2. The registration fees and information provision fees for secured transactions prescribed in this Circular are revenues belonging to the state budget. The fee-collecting agencies shall manage and use the collected fees according to the following provisions:

a) The secured transaction registration agency specified in points a and b, Clause 4, Item I may retain 50% (fifty percent) of the total amount of fees and charges collected before remitting them to the state budget to cover the costs of performing tasks and services related to the collection of fees and charges as prescribed. The fee-collecting agency is responsible for declaring, paying, and settling the remaining amount of fees and charges (50%) into the state budget according to the corresponding chapters, types, items, sub-items, and sub-sub-items of the current State Budget Classification.

b) For the secured transaction registration agency specified in point c, Clause 4, Item I: The People's Council of the province or centrally governed city shall decide on the percentage to be retained by the fee-collecting agency to cover the costs associated with collecting fees, in accordance with the actual conditions of the locality.

IV. IMPLEMENTATION

1. This Circular takes effect fifteen days from the date of publication in the Official Gazette.

2. This Circular replaces Joint Circular No. 33/2002/TTLT-BTC-BTP dated April 12, 2002, issued jointly by the Ministry of Finance and the Ministry of Justice guiding the system of collection, payment, management, and use of registration fees and information provision fees for secured transactions and financial lease assets.

3. Other contents related to the collection, payment, management, use, and public disclosure of the system of registration fees and information provision fees for secured transactions not covered in this Circular shall be implemented in accordance with the guidance provided in Circular No. 63/2002/TT-BTC dated July 24, 2002, issued by the Ministry of Finance guiding the implementation of regulations on fees and charges, and Circular No. 45/2006/TT-BTC dated May 25, 2006, issued by the Ministry of Finance amending and supplementing Circular No. 63/2002/TT-BTC.

4. During the implementation process, if there are any difficulties, it is requested that agencies, organizations, and individuals promptly reflect them to the Ministry of Finance and the Ministry of Justice for research and supplementary guidance./.