Circular No. 03/2012/TT-BTC stipulates the level of collection, collection regime, payment, management, and use of auction fees, participation fees in auctions, and certification fees for Auction Practice Certificates. This Circular applies to organizations and individuals selling at auction, participating in auctions, and those who have been issued Auction Practice Certificates.
Scope of application
Organizations and individuals with assets to be sold at auction; organizations and individuals participating in auctions; persons holding Auction Practice Certificates.
Key points
- Organizations and individuals selling at auction must pay auction fees according to the prescribed levels based on the value of the sold asset.
- Organizations and individuals participating in auctions must pay participation fees in auctions according to the corresponding levels based on the starting price of the asset.
- Persons holding Auction Practice Certificates must pay a certification fee of 200,000 VND per issuance and a reissue fee of 100,000 VND per reissue.
- The Auction Service Center manages and uses the collected fees in accordance with the provisions of the law.
- The entity collecting the fees, which is the auction enterprise, must pay tax on the collected fees.
🌐 Social impact of this document
- Positive impact: Creates a clear legal basis for managing and using auction fees, contributing to enhancing the effectiveness of the asset auction process.
- Negative impact: May impose a financial burden on organizations and individuals participating in auctions if the fee levels are high.
❓ Frequently asked questions
What is the level of auction fees for assets?
The level of auction fees for assets is calculated based on the value of the sold asset, specifically as follows: Below 50 million VND: 5% of the value; From 50 million to 1 billion VND: 2.5 million VND + 1.5% of the value exceeding 50 million VND; From over 1 billion to 10 billion VND: 16.75 million VND + 0.2% of the value exceeding 1 billion VND; From over 10 billion to 20 billion VND: 34.75 million VND + 0.15% of the value exceeding 10 billion VND; Over 20 billion VND: 49.75 million VND + 0.1% of the value exceeding 20 billion VND. The total fee does not exceed 300 million VND per auction.
What is the level of certification fees for Auction Practice Certificates?
The certification fee for Auction Practice Certificates is 200,000 VND per issuance and the reissue fee is 100,000 VND per reissue.
Which organization manages and uses the fees collected from the sale of assets at auction?
The Auction Service Center manages and uses the auction fees and participation fees in auctions in accordance with the provisions of the law. In cases where the state budget does not provide sufficient funding for organizing auctions, a portion of the collected fees may be retained.
What amount of fees must the entity collecting the fees, which is the auction enterprise, pay taxes on?
The entity collecting the fees, which is the auction enterprise, must pay taxes on the collected fees in accordance with the provisions of the law.
When does this Circular take effect?
This Circular takes effect from March 1, 2012, replacing Circular No. 96/2006/TT-BTC.
Full text
CIRCULAR
Guidelines on the level of collection, collection system, payment, management, and use of auction fees, participation in auction fees, and issuance fees for Auction Practice Certificates
fee for participating in auction and registration fee for issuing the Auctioneer Practice Certificate
______________________
Based on the Ordinance on Fees and Charges No. 38/2001/PL-UBTVQH10 dated August 28, 2001;
Pursuant to Decree No. 57/2002/NĐ-CP dated June 3, 2002 of the Government detailing the implementation of the Law on Fees and Stamp Duties; Decree No. 24/2006/NĐ-CP dated March 6, 2006 amending and supplementing some articles of Decree No. 57/2002/NĐ-CP dated June 3, 2002;
Pursuant to Decree No. 52/2009/NĐ-CP dated June 3, 2009 of the Government; a) Providing testimonies and expert opinions for the case for which they have been summoned; of This Circular applies to individuals who have worked at the Ministry of Justice, Provincial Legal Departments, and relevant agencies and organizations that perform tasks within one of the fields listed in Article 3 of this Circular after ceasing to hold their positions. and Directorate of 1. This Circular takes effect from February 15, 2026; Circular No. 24/2013/TT-BKHCN dated September 30, 2013 of the Minister of Science and Technology on activities related to calibration, verification, testing of measuring instruments, and measurement standards shall cease to be effective from the date this Circular takes effect. and Law No. 47/2024/QH15 number 1. NATIONAL UNIVERSITIES ARE PUBLIC HIGHER EDUCATION INSTITUTIONS MANAGED BY THE MINISTRY OF EDUCATION AND TRAINING, HAVE LEGAL PERSONALITY, SEPARATE ACCOUNTS, AND USE STAMPS WITH THE NATIONAL EMBLEM. of Law ON TAX NUMBER 78/2006/QH11 AND THE LAW ON TAX ADMINISTRATION AMENDED BY LAW NUMBER 2/QH13; limited, shall OF NATIONAL FINANCIAL rights of house 1. The contents and levels of expenditure from the state budget to support the implementation of initiatives as stipulated in Chapter II of this Circular are maximum levels. Based on the ability to balance resources, the Ministers of Ministries, Heads of central agencies, Provincial People's Councils, and centrally governed cities shall decide on specific contents and levels of expenditure for initiative activities that ensure appropriateness.;
Pursuant to Decree No. 17/2010/NĐ-CP dated March 4, 2010 of the Government on auction sales;
Pursuant to the Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
After receiving the opinion of the Ministry of Justice in Circular No. 4884/BTP-BTTP dated August 17, 2011,
The Ministry of Finance issues guidelines on the level of collection, collection system, payment, management, and use of auction fees, participation in auction fees, and issuance fees for Auction Practice Certificates as follows:
Article 1. Scope of Regulation and Applicability
Article 1. This Circular guides the level of collection, collection system, payment, management, and use of auction fees, participation in auction fees, and issuance fees for Auction Practice Certificates as stipulated in Clause 3, Article 51 of Decree No. 17/2010/NĐ-CP dated March 4, 2010 of the Government on auction sales.
Article 3. Organizations and individuals participating in auctions under Decree No. 17/2010/NĐ-CP dated March 4, 2010 must pay participation in auction fees to professional auction organizations or the Auction Committee.
Article 4. Individuals granted Auction Practice Certificates must pay issuance fees for Auction Practice Certificates to the issuing authority.
Article 2. Level of Collection of Fees and Taxes
1. Level of Collection of Auction Fees:
a. In cases where the auction sale of assets is successful, the level of fees shall be calculated based on the value of the sold assets in one auction sale, as follows:
|
Serial number |
Value of the auctioned asset from one auction session |
Rate of Collection |
|
1 |
Below VND 50 million |
5% of the value of the auctioned asset |
|
2 |
From VND 50 million to VND 1 billion |
VND 2.5 million plus 1.5% of the value of the auctioned asset exceeding VND 50 million |
|
3 |
Over VND 1 billion to VND 10 billion |
VND 16.75 million plus 0.2% of the value of the auctioned asset exceeding VND 1 billion |
|
4 |
Over VND 10 billion to VND 20 billion |
VND 34.75 million plus 0.15% of the value of the auctioned asset exceeding VND 10 billion |
|
5 |
Over VND 20 billion |
VND 49.75 million plus 0.1% of the value of the auctioned asset exceeding VND 20 billion. The total fee does not exceed VND 300 million per auction. |
b. In cases where the auction sale of assets is unsuccessful, within seven days from the end of the auction session, the entity owning the auctioned assets, the enforcement agency, or the financial agency shall settle actual and reasonable expenses as prescribed in Article 43 of Decree No. 17/2010/NĐ-CP dated March 4, 2010 to the auction organization or the Auction Committee, excluding cases where the parties have agreed otherwise or where there are different legal provisions.
2. Level of Collection of Participation Fees in Auctions
The level of collection of participation fees in auctions is determined corresponding to the initial price of the auctioned asset as follows:
|
No. |
Initial price of the asset |
||| Level of Collection (VND/application) |
|
1 |
Up to VND 20 million |
50. 000 |
|
2 |
From VND 20 million to VND 50 million |
100.000 |
|
3 |
From VND 50 million to VND 100 million |
150.000 |
|
4 |
Above VND 100 million to VND 500 million |
200.000 |
|
5 |
Over VND 500 million |
500.000 |
Article 3. Depending on the specific characteristics and conditions of the locality, the People's Councils of provinces and centrally governed cities shall decide on the specific levels of auction fees and participation in auction fees applicable in their localities but not exceeding the levels set forth in Clauses 1 and 2 of Article 2 of this Circular.
Article 4. Issuance fees for Auction Practice Certificates:
- The issuance fee for an Auction Practice Certificate is VND 200,000 per issuance.
- The issuance fee for reissuing an Auction Practice Certificate is VND 100,000 per issuance.
Article 3. Management and Use of Fees and Charges
The management and use of fees and issuance fees shall be implemented as follows:
Article 1. The Auction Committee may use the collected participation in auction fees to cover costs for the Auction Committee, and any surplus must be remitted to the State budget.
2. The Service Center for Auctioning Assets manages and uses the collected auction fees and participation fees as follows:
If the Auction Service Center has been guaranteed funding from the State budget for auction activities, it must remit all collected participation in auction fees to the State budget according to current laws.
If the Auction Service Center has not been guaranteed funding from the State budget for organizing auction activities, it may retain a portion of the collected participation in auction fees to cover auction costs and collect fees as prescribed by law; the remaining amount must be remitted to the State budget.
Based on the level of auction fees and participation in auction fees applied in the locality and the operating situation of the Auction Service Center, the People's Councils of provinces and centrally governed cities shall decide on the percentage to be retained from the collected auction fees and participation in auction fees for the fee-collecting unit to cover costs for organizing auction activities and collecting fees.
Article 3. For fee-collecting units that are asset auction enterprises (excluding land use right auctions): Auction fees and participation in auction fees collected are not part of the State budget revenue. The fee-collecting unit has the obligation to pay taxes on the collected fees according to the law and has the right to manage and use the collected fees after paying taxes according to the law. Annually, the fee-collecting unit must settle tax returns for the collected fees with the tax authority according to the current tax law.
Article 4. The fee-collecting agency for issuance fees for Auction Practice Certificates must remit the entire collected issuance fees to the State budget.
Article 5. Matters related to the collection, payment, management, use, and public disclosure of non-tax revenue not covered in this Circular shall be implemented according to the guidance provided in Circular No. 63/2002/TT-BTC dated July 24, 2002 of the Ministry of Finance guiding the implementation of laws on fees and issuance fees; Circular No. 45/2006/TT-BTC dated May 25, 2006 of the Ministry of Finance amending and supplementing Circular No. 63/2002/TT-BTC dated July 24, 2002; and Circular No. 28/2011/TT-BTC dated February 28, 2011 of the Ministry of Finance guiding the implementation of certain provisions of the Law on Tax Administration, guiding the implementation of Decree No. 85/2007/NĐ-CP dated May 25, 2007 and Decree No. 106/2010/NĐ-CP dated October 28, 2010 of the Government.
Article 4. Organization of Implementation
Article 1. This Circular takes effect from March 1, 2012. This Circular replaces Circular No. 96/2006/TT-BTC dated October 16, 2006 of the Ministry of Finance guiding the level of collection, collection system, payment, management, and use of auction fees.
Article 2. For localities that have issued regulations on auction fees and participation in auction fees that are inconsistent with this Circular, the People's Committees of provinces and centrally governed cities shall submit to the People's Councils at the same level to issue regulations consistent with this Circular.
- Supreme People's Procuracy;
DEPUTY MINISTER
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