Circular No. 07/2008/TT-BTC guiding registration residence fees

CIRCULAR

Guidelines on Registration Residence Fees

__________________

Based on the Law on Residence dated November 29, 2006;

Based on Decree No. 107/2007/NĐ-CP dated June 25, 2007 of the Government detailing and guiding the implementation of certain Articles of the Law on Residence;

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

Based on Decree No. 24/2006/NĐ-CP dated March 6, 2006 of the Government amending and supplementing certain Articles of Decree No. 57/2002/NĐ-CP dated June 3, 2002 of the Government detailing the implementation of the Ordinance on Fees and Charges;

Based on 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;

Based on Directive No. 24/2007/CT-TTg dated November 1, 2007 of the Prime Minister to strengthen the enforcement of legal provisions on fees and charges, policies for mobilizing and using contributions from the people;

After consultation with the Ministry of Public Security and the Ministry of Finance, guidelines on registration residence fees are hereby issued as follows:

I. SCOPE OF APPLICATION

1. The registration residence fee is a charge levied on individuals registering and managing their residence with the registration and management authority as prescribed by the law on residence.

2. The agency responsible for implementing registration and management of residence as prescribed by the law on residence is the entity collecting the registration residence fee.

3. No registration residence fee shall be collected from the following cases: parents, spouses, or children under 18 years old of martyrs; disabled veterans, or children under 18 years old of disabled veterans; Mothers of Vietnam's Heroic Mothers; households in poverty reduction programs; citizens residing in mountainous communes, wards, or towns as defined by the National Ethnic Minorities Committee.

II. AMOUNT OF REGISTRATION RESIDENCE FEES

1. The maximum amount of collection for registration and management of residence in districts of centrally-administered cities or inner-city wards of provincial cities is as follows:

a) Registration of permanent residence or temporary residence for a household or an individual but without issuance of a household registration book or temporary residence certificate: not exceeding VND 10,000 per registration;

b) Issuance, reissuance, replacement of household registration books or temporary residence certificates: not exceeding VND 15,000 per issuance. For special cases where the replacement is due to changes in administrative boundaries, street names, or house numbers at the request of the head of the household: not exceeding VND 8,000 per issuance;

c) Correction of changes in household registration books or temporary residence certificates (no fee for correction of addresses due to changes in administrative boundaries, street names, or house numbers, or deletion of names from household registration books or temporary residence certificates): not exceeding VND 5,000 per correction;

2. In other areas, the maximum amount of collection shall be fifty percent (50%) of the amount specified in Clause 1, Section 14 of this Circular.

3. The amount of the registration residence fee shall be determined specifically by the People's Councils of provinces and centrally-administered cities in accordance with local realities, but the maximum amount of collection shall not exceed the amounts specified in Clauses 1 and 2 of this Section.

III. EXEMPTION FROM REGISTRATION RESIDENCE FEES

Exemption from the fee when issuing new household registration books or temporary residence certificates as prescribed by competent state agencies.

IV. IMPLEMENTATION

1. This Circular shall take effect fifteen days after its publication in the Official Gazette.

2. Abolish the provision regarding "household registration fee" stipulated in item b.1, point 2, clause 4, section III of Circular No. 97/2007/TT-BTC dated October 16, 2007 of the Ministry of Finance guiding fees and charges within the jurisdiction of the People's Councils of provinces and centrally-administered cities.

3. For matters of household registration and management that continue to be implemented according to the Law on Residence, they may temporarily continue to apply the collection rates as prescribed by the provincial People's Councils until new regulations are issued in accordance with this Circular.

4. For new matters of residence registration guided by this Circular which have not yet been provided for in regulations issued by the provincial People's Councils, such matters shall not be subject to collection until new regulations are issued by the provincial People's Councils.

5. Other contents related to registration, declaration, collection, payment, management, use, and public disclosure of the registration residence fee system 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 legal provisions on fees and charges, Circular No. 45/2006/TT-BTC dated May 25, 2006 amending and supplementing Circular No. 63/2002/TT-BTC, and Circular No. 97/2006/TT-BTC dated October 16, 2006 guiding fees and charges within the jurisdiction of the People's Councils of provinces and centrally-administered cities.

6. During the implementation process, if there are any difficulties, please promptly report them to the Ministry of Finance for research and supplementary guidance./.