Circular No. 16/2025/TT-BTC on the level of collection, collection system, submission, management, and use of fees for providing criminal record information

CIRCULAR

Prescribing the level of collection, collection regime, submission, management and use of fees for providing criminal record information

Pursuant to the Law on Fees and Charges dated November 25, 2015;

Pursuant to the Criminal Record Law dated June 17, 2009;

Pursuant to the Law on Tax Administration dated June 13, 2019;

Pursuant to the Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government detailing and guiding the implementation of certain articles of the Law on Fees and Stamp Duties;

Pursuant to the Decree No. 82/2023/NĐ-CP dated November 28, 2023 of the Government amending and supplementing certain articles of the Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government detailing and guiding the implementation of certain articles of the Law on Fees and Stamp Duties;

Pursuant to Decree No. 11/2020/NĐ-CP dated January 20, 2020 of the Government on administrative procedures under the domain of State Treasury;

Pursuant to the Decree No. 123/2020/NĐ-CP dated October 19, 2020 of the Government on invoices and vouchers;

Pursuant to the Decree No. 126/2020/NĐ-CP dated October 19, 2020 of the Government prescribing detailed regulations of the Law on Tax Administration;

Pursuant to the Decree No. 91/2022/NĐ-CP dated October 30, 2022 of the Government amending and supplementing certain articles of the Decree No. 126/2020/NĐ-CP dated October 19, 2020 of the Government prescribing detailed regulations of the Law on Tax Administration;

Pursuant to the Decree No. 29/2025/NĐ-CP dated February 24, 2025 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Based on the proposal of the Director of the Department of Management and Supervision of Tax, Fee, and Charge Policies;

The Minister of Finance issues this Circular prescribing the level of collection, collection regime, submission, management and use of fees for providing criminal record information.

Article 1. Scope of Regulation and Applicability

Article 1. This Circular prescribes the level of collection, collection regime, submission, management and use of fees for providing criminal record information for cases where Vietnamese citizens and foreigners request issuance of Criminal Record Certificates.

Article 2. This Circular applies to fee payers and organizations collecting fees for providing criminal record information, as well as other organizations and individuals related to the collection, submission, management and use of fees for providing criminal record information.

Article 2. Persons Paying Fees

Vietnamese citizens and foreigners must pay the fee as prescribed in this Circular when submitting applications for issuance of Criminal Record Certificates.

Article 3. Fee Collection Organizations

State agencies authorized to issue Criminal Record Certificates in accordance with the law are the organizations collecting fees as prescribed in this Circular.

Article 4. Fee Rates

Clause 1. The level of collection of fees for providing criminal record information shall be implemented as follows:

In case the person requesting issuance of a Criminal Record Certificate requests more than two Criminal Record Certificates in one application, then from the third certificate onwards, the organization collecting fees may collect an additional VND 5,000 per certificate.

Clause 2. The level of collection of fees for providing criminal record information for cases where applications for issuance of Criminal Record Certificates are submitted online (including through the VNeID application):

a) From April 24, 2025 to December 31, 2025, the level of collection of fees for providing criminal record information shall be implemented as follows:

In case the person requesting issuance of a Criminal Record Certificate requests more than two Criminal Record Certificates in one application, then from the third certificate onwards, the organization collecting fees may collect an additional VND 5,000 per certificate.

b) From January 1, 2026 onwards, the level of collection of fees prescribed in Clause 1 of this Article shall apply.

Article 5. Cases of exemption from fees

Clause 1. Children as prescribed in the Law on Children.

Clause 2. Elderly people as prescribed in the Law on the Elderly.

Clause 3. Persons with disabilities as prescribed in the Law on Persons with Disabilities.

Clause 4. Persons residing in households classified as poor or near-poor according to the legal provisions on poverty standards.

Clause 5. Persons residing in particularly difficult communes, ethnic minority groups in communes with particularly difficult socio-economic conditions, border communes, safe area communes as prescribed by law.

Article 6. Declaration, collection, payment, and settlement of fees

1. Not later than the fifth day of each month, the fee collection organization must transfer the amount of fees collected in the previous month to the account for pending budget payments opened at the State Treasury.

2. The fee collection organization shall implement declaration, collection, payment, and settlement of fees in accordance with Circular No. 74/2022/TT-BTC dated December 22, 2022, issued by the Minister of Finance, which stipulates the forms, deadlines for collection, payment, and declaration of fees and charges under the authority of the Ministry of Finance.

Article 7. Management and Use of Fees

1. The fee collection organization is allowed to retain 35% of the collected fee amount to cover costs for service provision and fee collection activities in accordance with Clause 4, Article 1 of Decree No. 82/2023/NĐ-CP dated November 28, 2023, issued by the Government amending and supplementing certain provisions of Decree No. 120/2016/NĐ-CP dated August 23, 2016, issued by the Government detailing and guiding the implementation of certain provisions of the Law on Fees and Charges; and pay 65% of the collected fee amount into the state budget according to the chapters and sub-items of the current state budget classification.

2. In cases where the fee collection organization is a state agency not eligible for cost allocation from fee revenue as stipulated in Clause 3, Article 1 of Decree No. 82/2023/NĐ-CP, it must deposit the entire amount of collected fees into the state budget. The funding for covering expenses related to performing duties and collecting fees will be allocated from the state budget within the organizational budget according to the state budget expenditure regulations.

Article 8. Implementation clause

1. This Circular takes effect from April 24, 2025, and replaces Circular No. 244/2016/TT-BTC dated November 11, 2016, issued by the Minister of Finance, stipulating the levels of collection, procedures for collection, management, and utilization of fees for providing criminal record information services.

2. Other contents related to collection, payment, receipt documentation, and publicizing the fee collection system not mentioned in this Circular shall be implemented in accordance with the provisions of the following documents: Law on Fees and Charges; Decree No. 120/2016/NĐ-CP dated August 23, 2016, issued by the Government detailing and guiding the implementation of certain provisions of the Law on Fees and Charges; Decree No. 82/2023/NĐ-CP; Law on Tax Administration; Decree No. 126/2020/NĐ-CP dated October 19, 2020, issued by the Government detailing certain provisions of the Law on Tax Administration; Decree No. 91/2022/NĐ-CP dated October 30, 2022, issued by the Government amending and supplementing certain provisions of Decree No. 126/2020/NĐ-CP dated October 19, 2020, issued by the Government detailing certain provisions of the Law on Tax Administration; Decree No. 11/2020/NĐ-CP dated January 20, 2020, issued by the Government stipulating administrative procedures in the field of State Treasury; Decree No. 123/2020/NĐ-CP dated October 19, 2020, issued by the Government stipulating invoices and receipts; Decree No. 70/2025/NĐ-CP dated March 20, 2025, issued by the Government amending and supplementing certain provisions of Decree No. 123/2020/NĐ-CP dated October 19, 2020, issued by the Government stipulating invoices and receipts; and Circular No. 78/2021/TT-BTC dated September 17, 2021, issued by the Minister of Finance guiding the implementation of certain provisions of the Law on Tax Administration dated June 13, 2019, and Decree No. 123/2020/NĐ-CP dated October 19, 2020, issued by the Government stipulating invoices and receipts.

3. In cases where the legal normative documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented in accordance with the amended, supplemented, or replacing documents.

4. During the implementation period, if there are any difficulties, organizations and individuals are advised to promptly report them to the Ministry of Finance for research and supplementary guidance./.