Joint Circular No. 08/2012/TTLT-BTC-BTP guides on the level of collection, payment system, management, and use of notarization fees.

JOINT CIRCULAR

Guidelines on the level of collection, collection system, payment, management, and use of notarization fees

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BASED ON THE Notary Law number 82/2006/QH11 dated November 29, 2006;

Pursuant to the Ordinance on Fees and Charges No. 38/2001/PL-UBTVQH10 dated August 28, 2001;

Pursuant to Decree No. 02/2008/NĐ-CP dated January 4, 2008, promulgated by the Government detailing and guiding the implementation of certain provisions of the Notarization Law;

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

Pursuant to 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;

Pursuant to Decree No. 93/2008/NĐ-CP dated June 2, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Implementing Resolution No. 25/NQ-CP dated June 2, 2010, of the Government simplifying 258 administrative procedures within the scope of management functions of ministries and sectors;

The Ministry of Finance and the Ministry of Justice issue guidelines on the level of collection, collection system, payment, management, and use of notarization fees as follows:

Article 1. Scope of Regulation and Applicability

1. On the scope of regulation:

This Circular stipulates the level of collection, collection system, payment, management, and use of notarization fees applicable to the notarization of contracts, transactions, retention of wills, issuance of certified copies of notarized documents in accordance with the Notarization Law and Decree No. 02/2008/NĐ-CP dated January 4, 2008, of the Government detailing and guiding the implementation of certain provisions of the Notarization Law.

2. This Circular applies to the following subjects:

a) The subject paying notarization fees is individuals and organizations of Vietnam or foreign individuals and organizations requesting the notarization of contracts, transactions, retention of wills, issuance of certified copies of notarized documents.

b) Units collecting notarization fees include Notary Offices and Notary Public Offices (hereinafter referred to as the fee collection units).

Article 2. Level of Collection of Notarization Fees

1. The level of collection of notarization fees prescribed in this Circular shall be uniformly applied to Notary Offices and Notary Public Offices. In cases where the fee collection unit is a Notary Public Office, the level of collection of fees prescribed in this Circular already includes value-added tax (if applicable) in accordance with the Value Added Tax Law and guiding documents. In cases where foreign individuals or organizations have the need to pay fees in foreign currency, such fees shall be collected in foreign currency based on the conversion of Vietnamese Dong to foreign currency at the inter-bank foreign exchange rate published by the State Bank of Vietnam at the time of fee collection.

2. The level of notarization fees for contracts and transactions is determined based on the value of assets or the value of the contract or transaction:

a) The level of collection of fees for the notarization of the following contracts and transactions shall be calculated as follows:

- Notarization of contracts for the transfer, gift, or capital contribution using land use rights (based on the value of the land use rights);

- Notarization of contracts for the transfer, gift, or capital contribution using land use rights with attached assets (based on the total value of the land use rights and the value of the attached assets);

- Notarization of contracts for the sale, gift, or capital contribution using other assets (based on the value of the assets);

- Notarization of documents agreeing to divide inheritance, documents acknowledging inheritance (based on the value of the inheritance);

- Notarization of loan contracts (based on the value of the loan amount);

- Notarization of contracts for collateral or pledge of assets (based on the value of the assets; if the contract for collateral or pledge of assets specifies the loan amount, it shall be based on the value of the loan amount);

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

b) The level of collection of fees for the notarization of contracts for leasing land use rights; renting housing; leasing or subleasing assets (based on the total rental amount) shall be calculated as follows:

c) For contracts and transactions regarding land use rights or assets with prices regulated by competent state agencies, the value of the land use rights or assets for calculating notarization fees shall be determined according to the agreement of the parties in the contract or transaction; if the price of land or assets agreed upon by the parties is lower than the price set by the competent state agency at the time of notarization, the calculation of the notarization fee value shall be as follows: Value of land use rights or assets for calculating notarization fees = Area of land or quantity of assets recorded in the contract or transaction (x) Price of land or assets set by the competent state agency.

3. The level of collection of notarization fees for contracts and transactions not based on the value of assets or contract values is stipulated as follows:

4\. Collection level for receiving and keeping wills: VND 100,000 per case.

5. The level of collection of fees for issuing certified copies of notarized documents: VND 5,000 per page, from the third page onwards, each page is charged VND 3,000 but not exceeding VND 100,000 per copy.

Article 3. System for collecting and paying notarization fees

1. When requesting notarization of contracts, transactions, safekeeping of wills, issuance of certified copies of notarized documents, the person requesting notarization must pay the notarization fee.

2. When collecting fees, the fee collection unit must issue and hand over payment receipts to the fee payer as follows:

a) For the fee collection unit being a Notary Office, it shall issue and hand over a receipt to the fee payer according to the current regulations of the Ministry of Finance on the issuance, management, and use of tax stamps.

b) For the fee collection unit being a Notary Public Office, it shall issue and hand over an invoice to the fee payer according to the current regulations of the Ministry of Finance on the issuance, management, and use of invoices.

Article 4. Management and use of notarization fees

1. For the fee collection unit being a Notary Office: The notarization fee is a revenue item belonging to the state budget, which is managed and used as follows:

a) The fee-collecting unit is entitled to retain 50% (fifty percent) of the collected fees to cover costs for management and collection of fees according to established regulations.

b) The fee-collecting unit is responsible for remitting 50% (fifty percent) of the collected fees to the state budget according to the current state budget classification.

2. For the fee collection unit being a Notary Public Office: The collected notarization fee does not belong to the state budget. The collected fee revenue belongs to the fee collection unit. The fee collection unit has the obligation to pay taxes according to the laws on the amount of collected fees and has the right to manage and use the collected fee amount after paying taxes according to the current tax laws. Annually, the fee collection unit must settle taxes with the tax authority on the amount of collected fees according to the current tax laws.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. This Circular takes effect from March 15, 2012, and replaces Circular Joint No. 91/2008/TTLT-BTC-BTP dated October 17, 2008, issued by the Ministry of Finance and the Ministry of Justice guiding the level of collection, system for collection, payment, management, and use of notarization fees.

2. Other contents related to the collection, payment, management, use, payment receipts, and publicizing the fee collection system not mentioned in this Circular shall be implemented according to the guidance provided in Circular No. 63/2002/TT-BTC dated July 24, 2002; Circular No. 45/2006/TT-BTC dated May 25, 2006 amending and supplementing Circular No. 63/2002/TT-BTC dated July 24, 2002 of the Ministry of Finance guiding the implementation of laws on fees and charges; 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 and 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.

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