Circular No. 168/2016/TT-BTC stipulates the level of collection, collection system, payment, management, and use of fees for assessing business operations of goods and services with restricted trade; goods and services with conditional trade within the commercial sector, and the fee for issuing a Commodity Exchange Establishment License.

CIRCULAR

Regulations on the level of collection, collection regime, payment, management, and use of fees for the examination of trading goods and services subject to restricted trade; goods and services traded under conditions in the field of commerce and registration fees for issuing Commodity Exchange Establishment Licensesreview of business operations for restricted goods and services; conditional business goods and services in the trade sector and fees for issuing the Commodity Exchange Establishment License 

___________

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

Pursuant to the State Budget Law dated June 25, 2015;

Pursuant to Decree No. 59/2006/NĐ-CP dated June 12, 2006 of the Government detailing the implementation of certain provisions of the Commercial Law regarding prohibited goods and services, restricted goods and services, and goods and services traded under conditions;

Pursuant to Decree No. 158/2006/NĐ-CP dated December 28, 2006 of the Government detailing the Commercial Law on commodity trading activities through Commodity Exchanges;

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

At the proposal of the Director of the Policy Department;

The Minister of Finance issues this Circular regulating the level of collection, collection regime, payment, management, and use of fees for the examination of trading goods and services subject to restricted trade; goods and services traded under conditions in the field of commerce and registration fees for issuing Commodity Exchange Establishment Licenses.

Article 1. Scope of Regulation

This Circular regulates the level of collection, collection regime, payment, management, and use of fees for the examination of trading goods and services subject to restricted trade; goods and services traded under conditions in the field of commerce and registration fees for issuing Commodity Exchange Establishment Licenses.

Article 2. Subjects Paying Fees and Registration Fees

1. Organizations and individuals when submitting applications to competent authorities for issuance of licenses to trade goods and services subject to restricted trade, goods and services traded under conditions in the field of commerce as specified in Appendix II and Appendix III issued together with Decree No. 59/2006/NĐ-CP dated June 12, 2006 of the Government detailing the implementation of certain provisions of the Commercial Law must pay the fee for examining the trading of goods and services subject to restricted trade; goods and services traded under conditions in the field of commerce.

2. Organizations and individuals when submitting applications to competent authorities for issuance of licenses to establish Commodity Exchanges as stipulated in Decree No. 158/2006/NĐ-CP dated December 28, 2006 of the Government detailing the Commercial Law on commodity trading activities through Commodity Exchanges must pay the registration fee for issuing Commodity Exchange Establishment Licenses.

Article 3. Organizations collecting fees and charges

1. Competent authorities issuing licenses to trade goods and services subject to restricted trade; goods and services traded under conditions in the field of commerce or authorities authorized to issue such licenses shall be responsible for collecting, declaring, paying, managing, and using the fee for examining the trading of goods and services subject to restricted trade; goods and services traded under conditions in the field of commerce according to the provisions of this Circular.

2. Competent authorities issuing licenses to establish Commodity Exchanges shall be responsible for collecting, declaring, and paying the registration fee for issuing Commodity Exchange Establishment Licenses according to the provisions of this Circular.

Article 4. Rates of Fees and Charges

a) The level of collection for the fee for examining the trading of goods and services subject to restricted trade in the field of commerce is VND 1,200,000 per business point per examination.

b) The level of collection for the fee for examining the trading of goods and services traded under conditions in the field of commerce for business subjects that are organizations or enterprises is VND 1,200,000 per business point per examination.

c) The level of collection for the fee for examining the trading of goods and services traded under conditions in the field of commerce for business subjects that are individual businesses or individuals is VND 400,000 per business point per examination.

d) The level of collection for the registration fee for issuing Commodity Exchange Establishment Licenses is VND 200,000 per license per issuance.

2. In other areas: The level of collection for the fee for examining the trading of goods and services subject to restricted trade; goods and services traded under conditions in the field of commerce and the registration fee for issuing Commodity Exchange Establishment Licenses is fifty percent (50%) of the corresponding levels of collection stipulated in points a, b, c, and d of Clause 1 of this Article.

3. The fee for examining the trading of goods and services subject to restricted trade; goods and services traded under conditions in the field of commerce and the registration fee for issuing Commodity Exchange Establishment Licenses shall be collected in Vietnamese Dong (VND).

Article 5. Declaration, Payment of Fees and Charges

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. Organizations collecting fees and registration fees shall declare the collected fees and registration fees monthly, settle the fees and registration fees annually according to the provisions of Clause 3, Article 19 and pay the fees and registration fees according to the provisions of Clause 2, Article 26 of Circular No. 156/2013/TT-BTC dated November 6, 2013 of 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.

Article 6. Management and use of fees and charges

1. Organizations collecting registration fees shall remit the entire amount of collected registration fees into the State budget according to the current State Budget Classification. The cost of covering the expenses for collecting registration fees for issuing Commodity Exchange Establishment Licenses shall be covered from the State budget within the organizational budget according to the State budget expenditure regulations stipulated by law.

2. Organizations collecting fees shall remit the entire amount of collected fees into the State budget according to the current State Budget Classification. The cost of covering the expenses for examining and collecting fees shall be covered from the State budget within the organizational budget according to the State budget expenditure regulations stipulated by law.

3. In cases where organizations collecting fees are allocated costs for operations according to the Government's or Prime Minister's regulations on the self-management and self-responsibility mechanism for the use of staffing and administrative management funds for state agencies, they may retain fifty percent (50%) of the total collected fees to cover the costs for examining and collecting fees as stipulated in Clause 2, Article 5 of Decree No. 120/2016/NĐ-CP. The remaining fifty percent (50%) must be remitted into the State budget according to the current State Budget Classification.

Article 7. Implementation Organization

Article 1. This Circular shall take effect from January 1, 2017. This Circular replaces Circular No. 77/2012/TT-BTC dated May 16, 2012, which stipulates the levels of fees for business operation assessment of goods and services with restricted business operations; fees for business operation assessment of goods and services with conditional business operations under the trade sector; service charges for issuing Business Registration Certificates; service charges for issuing Business Licenses under the trade sector; and service charges for issuing Commodity Exchange Establishment Licenses.

Article 2. Other contents related to the collection, payment, management, and use of fees and service charges not specified in this Circular shall be implemented in accordance with the detailed regulations and guidance provided in 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 Service 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; Decree No. 83/2013/NĐ-CP dated July 22, 2013, issued by the Government; and Circulars of the Minister of Finance regarding printing, issuance, management, and use of various types of receipts for fee and service charge collections under the state budget, and any subsequent amendments and supplements (if any).

Article 3. Organizations and individuals subject to the payment of fees and service charges, 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 them to the Ministry of Finance for consideration and guidance.