Circular No. 18/2014/TT-BTC on the level of collection, collection system, payment, management, and use of fees for judicial entrustment regarding civil matters.

CIRCULAR

Regulations on the level of collection, collection regime, payment, managementand use of fees for implementing

judicial assistance in civil matters

Pursuant to the Law on Mutual Legal Assistance No. 8/2007/QH12 dated November 21, 2007;

Pursuant to the Ordinance on Fees and Charges No. 38/2001/PL-UBTVQH10 dated August 28, 2001;

Pursuant to the Decree No. 57/2002/NĐ-CP dated June 3, 2002 of the Government detailing the implementation of the Ordinance on fees and charges; Decree No. 24/2006/NĐ-CP dated March 6, 2006 amending and supplementing some articles of Decree No. 57/2002/NĐ-CP dated June 3, 2002 detailing the implementation of the Ordinance on fees and charges;

Pursuant to the Decree No. 92/2008/NĐ-CP dated August 22, 2008 of the Government detailing and guiding the implementation of certain provisions of the Law on Mutual Legal Assistance;

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 hereby issues this Circular regulating the level of collection, collection regime, payment, management and use of fees for implementing judicial assistance in civil matters, as follows:

Article 1. Scope of Application

This Circular regulates the level of collection, collection regime, payment, management and use of fees for implementing judicial assistance in civil matters. In cases where legal regulations, international treaties to which Vietnam is a party, or agreements between Vietnam and foreign countries provide different provisions regarding fees for implementing judicial assistance, such provisions shall be applied.

Article 2. Fee Payers When submitting applications for state agencies to issue Permits and Certificates in chemical activities; approval of Chemical Accident Prevention and Response Plans, organizations and individuals must pay fees as prescribed in this Circular.

Organizations and individuals who have requests for civil dispute resolution that result in Vietnam's implementation of judicial assistance in civil matters abroad; organizations and individuals from foreign countries who have requests for the implementation of judicial assistance in civil matters in Vietnam must pay the fees for implementing judicial assistance in civil matters as stipulated in this Circular when submitting the request for judicial assistance.

Article 3. Object of exemption

Exemption from fees for judicial assistance in civil matters applies to Vietnamese citizens belonging to the categories specified in Clause 1, Article 4 of the Decree No. 92/2008/NĐ-CP dated August 22, 2008 of the Government detailing and guiding the implementation of certain provisions of the Law on Mutual Legal Assistance.

Article 4. Level of Collection of Fees for Implementing Judicial Assistance in Civil Matters

The level of collection of fees for implementing judicial assistance in civil matters is regulated as follows:

1. Fee for implementing judicial assistance in civil matters from Vietnam to foreign countries: VND 150,000 per file.

2. Fee for implementing judicial assistance in civil matters from foreign countries in Vietnam: VND 1,000,000 per file.

3. The fee for implementing judicial assistance in civil matters does not include other costs such as: appraisal fees, notarization fees, postal fees. These costs will be borne by the person requesting judicial assistance according to actual expenses incurred and in accordance with Vietnamese law and the law of the country receiving judicial assistance in civil matters.

4. The fee for implementing judicial assistance in civil matters is collected in Vietnamese Dong. In cases where the activity of collecting fees takes place abroad, it is collected in US Dollars based on the conversion rate of Vietnamese Dong to US Dollars published by the State Bank of Vietnam at the time of collection.

Article 5. Collection, Payment, Management and Use of Fees for Implementing Judicial Assistance in Civil Matters

1. The agencies collecting fees include:

a) Provincial civil enforcement agencies collect the fees for implementing judicial assistance in civil matters from Vietnam to foreign countries as stipulated in Clause 1, Article 4 of this Circular;

b) The Ministry of Foreign Affairs collects the fees for implementing judicial assistance in civil matters from foreign countries in Vietnam as stipulated in Clause 2, Article 4 of this Circular, in cases where Vietnam has not signed or joined international treaties with foreign countries on mutual legal assistance in civil matters;

c) The Ministry of Justice collects the fees for implementing judicial assistance in civil matters from foreign countries in Vietnam as stipulated in Clause 2, Article 4 of this Circular, in cases where Vietnam has signed or joined international treaties with foreign countries on mutual legal assistance in civil matters that provide for the payment of fees and costs of judicial assistance in civil matters.

2. The agency collecting fees for implementing judicial assistance in civil matters shall remit the entire amount of fees collected (100%) into the state budget according to the chapters and sections of the State Budget Code. Costs for serving the work of implementing judicial assistance shall be guaranteed by the state budget according to the annual budget estimate.

Article 6. Implementation Organization

1. This Circular takes effect from April 1, 2014.

2. Matters related to the collection, payment, management and use, and public disclosure of the collection regime not provided for in this Circular shall be implemented in accordance with the guidance of Circular No. 63/2002/TT-BTC dated July 24, 2002 of the Ministry of Finance on the implementation of legal provisions 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, Circular No. 156/2013/TT-BTC dated November 6, 2013 of the Ministry 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 Circular No. 153/2012/TT-BTC dated September 17, 2012 of the Ministry of Finance guiding the printing, issuance, management and use of various types of receipts for fees and charges under the state budget and any subsequent amendments and supplements (if any).

3. During the implementation process, if there are any difficulties, organizations and individuals are requested to promptly report to the Ministry of Finance for research and supplementary guidance.