Circular No. 174/2011/TT-BTC stipulates the regime for collecting, depositing, managing, and using fees for issuing Criminal Record Certificates. This document applies to Vietnamese citizens and foreigners residing in Vietnam who request Criminal Record Certificates, with specific fee levels determined.
Scope of application
Vietnamese citizens and foreigners who have resided or are currently residing in Vietnam requesting Criminal Record Certificates.
Key points
- Vietnamese citizens and foreigners residing in Vietnam must pay a fee when requesting Criminal Record Certificates at a rate of 200,000 VND per person per issuance, reduced to 100,000 VND for students, veterans, and martyrs' relatives.
- Cases belonging to poor households or residing in particularly difficult communes are exempt from the fee for issuing Criminal Record Certificates.
- The fee collection agency is the National Criminal Record Center and the Department of Justice. This agency retains 80% of the collected fees to cover the cost of fee collection, of which 60% is transferred to the Police Case File Department and 4% to the National Criminal Record Center.
- The remaining portion (20%) is deposited into the state budget according to current regulations.
- Citizens may request multiple Criminal Record Certificates in one application, with an additional charge of 3,000 VND per certificate starting from the third certificate.
🌐 Social impact of this document
- Positive impact: Helps ensure the rights of citizens when requesting Criminal Record Certificates.
- Negative impact: The fee may create a burden for certain individuals, especially those belonging to poor households or residing in particularly difficult communes.
❓ Frequently asked questions
What is the fee for issuing a Criminal Record Certificate?
The fee level is 200,000 VND per person per issuance, reduced to 100,000 VND for students, veterans, and martyrs' relatives.
Which cases are exempt from the fee?
Cases belonging to poor households or residing in particularly difficult communes are exempt from the fee for issuing Criminal Record Certificates.
Who is the fee collection agency?
The fee collection agency is the National Criminal Record Center and the Department of Justice.
What portion of the fee is retained by the fee collection agency?
80% of the collected fees are retained, of which 60% is transferred to the Police Case File Department and 4% to the National Criminal Record Center.
What portion of the fee is deposited into the state budget?
20% of the collected fees is deposited into the state budget according to current regulations.
Full text
Article 1. Subjects required to pay the fee
Vietnamese citizens and foreigners residing in Vietnam who request issuance of a criminal record certificate must pay the fee for issuing a criminal record certificate in accordance with this Circular.
Article 2. Subjects exempted from paying the fee
The following cases are exempted from paying the fee for issuing a criminal record certificate:
Persons belonging to poor households as defined by law;
Persons residing in particularly difficult communes as defined by law.
Article 3. Level of Collection of Fees
The amount of the fee for issuing a criminal record certificate is specified as follows:
|
Serial number |
Content of Collection |
Amount (VND/per/citizen) |
|
1 |
Fee for issuing a criminal record certificate |
200. 000 |
|
2 |
Fee for issuing a criminal record certificate for students, university students, persons who have rendered meritorious service to the revolution, and relatives of martyrs. |
100. 000 |
In case the person requesting issuance of a criminal record certificate requests more than two certificates in one application, then starting from the third certificate, the authority issuing the criminal record certificate may collect an additional VND 3,000 per certificate to cover the necessary costs for printing the criminal record certificate form.
Article 4. Organization of collection, submission, management, and use of the fee
1. The authorities collecting the fee for issuing a criminal record certificate are the National Criminal Record Center and Provincial Departments of Justice.
2. The authorities collecting the fee for issuing a criminal record certificate retain 80% of the collected fee before submitting it to the state budget to cover the cost of collecting the fee.
The retained amount for the authorities collecting the fee for issuing a criminal record certificate is determined at 100% and allocated as follows:
a. The authority collecting the fee shall transfer 60% of the retained fee to the Department of Police File Services for cooperation in verification work corresponding to the number of completed verification files. The transfer will be made quarterly based on the total number of completed verification files.
In cases where multiple authorities cooperate in verification, in addition to the transfer to the Department of Police File Services, the fee-collecting authority supports each other authority conducting verification with VND 25,000 per request.
b. Provincial Departments of Justice shall transfer 4% of the retained fee to the National Criminal Record Center to support the construction, management, operation, and exploitation of the criminal record database at the National Criminal Record Center.
3. The remaining portion (20%) shall be submitted to the state budget according to the relevant chapters, types, items, sub-items, and sub-sub-items of the current state budget classification.
4. Other matters related to the collection, submission, management, use, and public disclosure of the fee collection regime not detailed in this Circular shall be implemented in accordance with Circular No. 63/2002/TT-BTC dated July 24, 2002 of the Ministry of Finance guiding the implementation of legal regulations on fees and charges; Circular No. 45/2006/TT-BTC dated May 25, 2006 of the Ministry of Finance amending and supplementing Circular No. 63/2002/TT-BTC dated July 24, 2002; 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, 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.
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 20, 2012, replacing Decision No. 94/2004/QĐ-BTC dated December 7, 2004 of the Minister of Finance on the regulation of the collection, submission, management, and use of fees for issuing criminal record certificates.
2. During the implementation process, if there are any difficulties, it is recommended that agencies, organizations, and individuals promptly report them to the Ministry of Finance for study and guidance.
DEPUTY MINISTER
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