Circular No. 167/2009/TT-BTC stipulates the regime for collecting, submitting, and managing the use of fees for issuing certificates of practice for architects and engineers engaged in construction activities; construction site supervision certificates; and construction valuation engineer certificates. This document applies to domestic and foreign individuals who are granted relevant practice certificates by state management agencies.
适用范围
Domestic and foreign individuals who are authorized by competent state management agencies to be granted certificates of practice for architects and engineers engaged in construction activities; construction site supervision; and construction valuation.
要点
- must pay the fee: Domestic and foreign individuals who are granted relevant practice certificates by state management agencies, including those related to architects and engineers engaged in construction activities; construction site supervision; and construction valuation.
- The amount of the fee collection: VND 200,000 per certificate for all three types of certificates.
- Organization responsible for collecting the fee: The fee belongs to the state budget, and the agency collecting the fee must register and declare payment into the state budget according to the regulations of the Ministry of Finance.
- Expenses for collecting the fee: Fifty percent of the collected amount is allocated for expenses related to the collection of the fee, with the remaining portion paid into the state budget.
- Effective date: This Circular takes effect 45 days from the date of issuance.
🌐 本文件的社会影响
- Positive impact: Ensures fairness and transparency in the issuance of practice certificates and reasonable fee collection.
- Negative impact: May impose additional financial burdens on individuals requiring practice certificates.
❓ 常见问题
How much is the fee for issuing a practice certificate?
The fee is VND 200,000 per certificate for all three types of certificates: architects and engineers engaged in construction activities; construction site supervision; and construction valuation.
Which agency collects the fee?
The competent state management agency or the unit authorized by it is responsible for collecting the fee.
How is the collected fee submitted to the state budget?
One hundred percent of the total collected fee must be submitted to the state budget, with fifty percent allocated for expenses related to the collection of the fee and the remaining fifty percent submitted to the state budget.
What is the duration of effectiveness of this Circular?
This Circular takes effect 45 days from the date of issuance.
Who must pay the fee?
Domestic and foreign individuals who are granted relevant practice certificates by state management agencies, including those related to architects and engineers engaged in construction activities; construction site supervision; and construction valuation.
全文
CIRCULAR
REGULATING THE SYSTEM OF COLLECTION, PAYMENT AND MANAGEMENT OF USE OF FEES IN THE CONSTRUCTION SECTOR
Decree No. 12/2009/ND-CP dated February 12, 2009 of the Government on project management for construction investment;
Decree No. 99/2007/ND-CP dated June 13, 2007 and Decree No. 03/2008/ND-CP dated January 7, 2008 of the Government on management of construction investment costs;
Decree No. 57/2002/NĐ-CP dated June 3, 2002 and Decree No. 24/2006/NĐ-CP dated March 6, 2006 of the Government detailing the implementation of the Ordinance on Fees and Charges;
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 Construction at Circular No.369/BXD-KTXD dated March 13, 2009, the Ministry of Finance regulates the system of collection, payment and management of use of fees in the construction sector as follows:
Article 1. Object of Collection
1. The subjects required to pay the fee for issuing certificates of practice for architects and construction engineers; the fee for issuing certificates of construction supervision; and the fee for issuing certificates of construction valuation engineers as stipulated in this Circular include:
a) Domestic and foreign individuals who are granted certificates of practice for architects and construction engineers as stipulated in Decree No. 12/2009/ND-CP dated February 12, 2009 of the Government on project management for construction investment.
b) Domestic and foreign individuals who are granted certificates of practice for construction supervision as stipulated in Decree No. 12/2009/ND-CP dated February 12, 2009 of the Government on project management for construction investment.
c) Domestic and foreign individuals who are granted certificates of construction valuation engineers as stipulated in Decree No. 99/2007/ND-CP dated June 13, 2007 of the Government on management of construction investment costs.
Article 2. Level of Collection
1. The amount of fees for issuing certificates of practice for architects and construction engineers; the fee for issuing certificates of construction supervision; and the fee for issuing certificates of construction valuation engineers shall be regulated as follows:
a) Fee for issuing certificates of practice for architects and construction engineers: VND 200,000 (two hundred thousand) per certificate.
b) Fee for issuing certificates of construction supervision: VND 200,000 (two hundred thousand) per certificate.
c) Fee for issuing certificates of construction valuation engineers: VND 200,000 (two hundred thousand) per certificate.
2. The fees for issuing certificates of practice for architects and construction engineers; the fee for issuing certificates of construction supervision; and the fee for issuing certificates of construction valuation engineers shall be collected in Vietnamese Dong (VND).
Article 3. Organization of Collection, Payment and Management of Use
1. The fees for issuing certificates of practice for architects and construction engineers; the fee for issuing certificates of construction supervision; and the fee for issuing certificates of construction valuation engineers are revenue items belonging to the State budget.
2. The agencies collecting the fees for issuing certificates of practice for architects and construction engineers; the fee for issuing certificates of construction supervision; and the fee for issuing certificates of construction valuation engineers have the responsibility to register and declare the payment of fees into the State budget according to the regulations of the Ministry of Finance at Circular No. 63/2002/TT-BTC dated July 24, 2002 and 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.
3. The agencies collecting the fees must remit 100% (one hundred percent) of the total amount of fees collected into the State budget according to the corresponding chapters, types, items, sub-items, and minor items of the current State Budget Classification.
In cases where collection is delegated, the agency collecting the fees may retain 50% (fifty percent) of the total amount of fees actually collected before remitting it to the State budget to cover expenses related to the collection of fees for issuing certificates of practice for architects and construction engineers; the fee for issuing certificates of construction supervision; and the fee for issuing certificates of construction valuation engineers as follows:
a) Direct expenses serving the collection of fees such as office supplies, office materials, telephone, electricity, water, travel expenses, administrative expenses; printing (buying) application forms, permits, other stamps according to current standards and norms.
b) Regular maintenance and major repairs of assets, machinery, and equipment directly serving the collection of fees.
c) Expenses for purchasing materials, raw materials, and other expenses directly related to the collection of fees.
d) Establishing a reward fund and welfare fund for staff directly involved in the collection of fees in the unit. The average annual contribution to these two funds per person shall not exceed three months' salary if the revenue exceeds that of the previous year, and two months' salary if the revenue is lower than or equal to the previous year.
The remaining amount (50%) must be remitted to the State budget according to the corresponding chapters, types, items, sub-items, and minor items of the current State Budget Classification.
Article 4. Implementation:
1. This Circular takes effect 45 days from the date of signature. Replacing Circular No. 43/2003/TT-BTC dated May 13, 2003 of the Ministry of Finance regulating the system of collection, payment and management of use of fees for bidding permits for consulting and construction services for foreign contractors; and fees for issuing certificates of practice for design engineers.
2. Other contents related to the collection, payment, management, use, and public disclosure of the fee collection system not detailed in this Circular shall be implemented according to the guidance provided in Circular No. 60/2007/TT-BTC dated June 14, 2007 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/ND-CP dated May 25, 2007 of the Government detailing certain provisions of the Law on Tax Administration.
3. Organizations and individuals subject to the payment of fees and relevant agencies are responsible for implementing this Circular. During the implementation process, if there are any difficulties, organizations and individuals are requested to promptly report to the Ministry of Finance for examination and guidance.
DEPUTY MINISTER
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