Circular No. 150/2016/TT-BTC stipulates the amount of fees, collection procedures, and payment of fees for issuing licenses for the establishment and operation of credit institutions; branches of foreign banks, representative offices of foreign credit institutions, other foreign organizations engaged in banking activities; and provision of payment intermediary services to non-bank organizations.

CIRCULAR

REGULATIONS ON THE AMOUNT OF FEES, COLLECTION AND PAYMENT REGIMES FOR LICENSES FOR THE ESTABLISHMENT AND OPERATION OF CREDIT ORGANIZATIONS; BRANCHES OF FOREIGN BANKS, REPRESENTATIVE OFFICES OF FOREIGN CREDIT ORGANIZATIONS, OTHER FOREIGN ENTITIES ENGAGED IN BANKING ACTIVITIES; LICENSES FOR PROVIDING INTERMEDIARY PAYMENT SERVICES FOR NON-BANKING ORGANIZATIONS

On the basis of the Law on Fees and Charges dated November 25, 2015;

On the basis of Article 1. This Decree regulates the use of state assets to pay investors when implementing construction projects under the Build-Transfer Contract form (hereinafter referred to as BT Project) in accordance with the provisions of the law. June 25, 2015;

On the basis of Law on the State Bank of Vietnam dated June 16, 2010;

Decree No. Decision No. 120/2016/NĐ-CP dated August 23, 2016 of the Government detailing and guiding the implementation of certain provisions of the Law on Fees and Charges;

Decree No. 101/2012/NĐ-CP dated November 22, 2012 by the Government on non-cash payment; 80/2016/NĐ-CP July 1, 2016, amending and supplementing certain provisions of the Government's Decree No. 101/2012/NĐ-CP dated November 22, 2012 by the Government;

Decree No. 215/2013/NĐ-CP dated December 23, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Director of the Tax Policy Department;

The Minister of Finance issues this Circular to regulate the amount of fees, collection and payment regimes for licenses for the establishment and operation of credit organizations; branches of foreign banks, representative offices of foreign credit organizations, other foreign entities engaged in banking activities; providing intermediary payment services for non-banking organizations as follows:

Article 1. Scope of Regulation

This Circular regulates the amount of fees, collection and payment regimes for licenses for the establishment and operation of credit organizations; licenses for the establishment of branches of foreign banks, representative offices of foreign credit organizations, other foreign entities engaged in banking activities; licenses for providing intermediary payment services for non-banking organizations.

Article 2. Subjects Paying Fees

Organizations that are granted licenses by competent state authorities for the establishment and operation of credit organizations; establishment of branches of foreign banks, representative offices of foreign credit organizations, other foreign entities engaged in banking activities; providing intermediary payment services for non-banking organizations must pay fees according to the guidelines set out in this Circular.

Article 4. Fee Collecting Organizations

The State Bank of Vietnam has the responsibility to organize the collection, declaration, and payment of fees according to the guidelines set out in this Circular.

Article 4. Fee Collection Amounts

1. Amount of Fees

2. All fees for licenses prescribed in Clause 1 of this Article shall be collected in Vietnamese Dong (VND).

Article 4. Declaration and Payment of Fees

1. The entity collecting fees shall declare the fees collected monthly and settle the fees annually according to the provisions of Clause 3, Article 19 of Circular No. 156/2013/TT-BTC dated November 6, 2013 issued by the Minister of Finance guiding the implementation of certain provisions of the Law on Tax Administration; the Law Amending and Supplementing Certain Provisions of the Law on Tax Administration and Decree No. 83/2013/NĐ-CP dated July 22, 2013 of the Government.

2. The entity collecting fees shall remit the entire amount of fees collected into the State budget according to the current State Budget Classification.

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 January 1, 2017, replacing the regulations on collection, payment, management, and use of fees and charges in the banking sector stipulated in Circular No. 110/2002/TT-BTC dated December 12, 2002 issued by the Minister of Finance guiding the collection, payment, management, and use of fees and charges in the banking, securities, and insurance sectors, and Circular No. 11/2006/TT-BTC dated February 21, 2006 issued by the Ministry of Finance amending and supplementing Circular No. 110/2002/TT-BTC; Circular No. 77/2015/TT-BTC dated May 19, 2015 issued by the Minister of Finance guiding the regime of collection, payment, and management and use of fees for licenses for providing intermediary payment services.

2. Any matters related to the declaration, collection, and payment of fees not covered by this Circular shall be implemented according to the provisions of the Law on Fees and Charges; Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government detailing and guiding the implementation of certain provisions of the Law on Fees and Charges; Circular No. 156/2013/TT-BTC dated November 6, 2013 issued by the Minister of Finance guiding the implementation of certain provisions of the Law on Tax Administration; the Law Amending and Supplementing Certain Provisions of the Law on Tax Administration and Decree No. 83/2013/NĐ-CP dated July 22, 2013 of the Government and Circulars of the Minister of Finance on printing, issuing, managing, and using fee and charge receipts and any amendments and supplements thereto (if any).

3. Organizations and individuals subject to paying fees and relevant agencies are responsible for implementing this Circular. In the course of implementation, if there are any difficulties, organizations and individuals are requested to promptly report to the Ministry of Finance for consideration and guidance./.