Circular No. 185/2016/TT-BTC stipulates the level of payment, collection system, submission, management, and utilization of fees for the assessment of eligibility to operate environmental monitoring services.

CIRCULAR

Regulations on the level of collection, collection regime, submission, management, and use of fees for reviewing and approving fire prevention and firefighting design

 fee for assessing eligibility to operate environmental monitoring services

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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. 127/2014/NĐ-CP dated December 31, 2014 of the Government stipulating the conditions for organizations operating environmental monitoring services;

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

Decree No. 215/2013/NĐ-CP dated 23rd 12 years 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

According to the proposal of the Director of the Policy Department organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.Hue,

The Minister of Finance promulgates this Circular stipulating the level of collection, collection system, payment, management, and use of fees for assessing eligibility to operate environmental monitoring services.

Article 1. Scope of Regulation

This Circular stipulates the level of collection, collection regime, payment, management, and use of the fee for assessing eligibility to operate environmental monitoring services.

Article 2. Fee Payers and Fee Collecting Organizations

1. The payer of the fee is organizations requesting certification of eligibility to operate environmental monitoring services.

2. The fee collector is the Environmental Monitoring Center under the General Department of Environment, Ministry of Natural Resources and Environment.

Article 3. Level of Fee Collection

1. For new assessment, extension, modification of content, reissue of certificate (in case the organization's capacity dossier is no longer valid), the level of fee shall be determined according to the following formula:

Where:

- Assessment Cost: VND 42,000,000 (Minimum cost for evaluating the dossier, inspecting the organization on-site, and convening the Assessment Board for one application for certification of eligibility to operate environmental monitoring services).

- K: Geographic location coefficient according to the region of the organization requesting certification, detailed in the Appendix attached to this Circular.

- M: Adjustment coefficient based on the number of environmental parameters requested for certification.

The specific level of the assessment fee is as follows:

Unit of measurement: 1,000 VND

2. For reissuing certificates where the organization's capacity dossier remains valid, the specific level of fee is as follows:

Article 4. Declaration and Payment of Fees

1. The payer of the fee must pay the assessment fee no later than five (05) days from the date of receiving the written notification from the agency accepting the dossier that the registration dossier is valid. The assessment fee shall be paid to the fee collector or deposited into the fee account awaiting submission to the state budget opened at the State Treasury.

2. By the fifth day of each month, the fee collector must deposit the amount of fees collected from the previous month into the fee account awaiting submission to the state budget opened at the State Treasury.

3. The fee collector shall declare and pay the collected fees monthly, settle accounts annually in accordance with the guidance provided in Clause 3, Article 19 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 5. Management and Use of Fees1. The fee collector may retain 90% of the total amount of fees actually collected for expenditure on assessment activities and fee collection. The retained funds shall be managed and used in accordance with Article 5 of Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government detailing and guiding the implementation of certain provisions of the Law on Fees and Charges; including other expenses related to performing tasks, services, and collecting fees, such as costs for inspection, evaluation, and organizing meetings of the Expert Team; the Assessment Board (including costs for comments and reports on the assessment of eligibility to operate environmental monitoring services); the level of expenditure as prescribed in Joint Circular No. 45/2010/TTLT-BTC-BTNMT dated March 30, 2010 of the Ministry of Finance and the Ministry of Natural Resources and Environment guiding the management of environmental service funding and any subsequent amendments or replacements (if any).

2. The fee collector shall remit 10% of the collected fees to the state budget according to the chapter, section, and sub-section of the State Budget Classification. The time of remittance shall be carried out in accordance with the guidance provided in 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.

1. This Circular takes effect from January 1, 2017 and replaces Circular No. 52/2014/TT-BTC dated April 24, 2014 of the Minister of Finance stipulating the level of collection, collection regime, payment, and use of fees for assessment and issuance of certificates of eligibility to operate environmental monitoring services.

Article 6. Implementation organization and enforcement provisions

2. Other contents related to collection, payment, management, use, revenue receipts, and publicizing the collection regime of the fee for assessing eligibility to operate environmental monitoring services not mentioned in this Circular shall be implemented in accordance with the Law on Fees and Charges; Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government detailing and guiding the implementation of certain provisions of the Law on Fees and Charges; 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; Circular No. 153/2012/TT-BTC dated September 17, 2012 of the Minister of Finance guiding the printing, issuance, management, and use of revenue receipts for fees and charges belonging to the state budget and any subsequent amendments or replacements (if any).

2. Other contents related to collection, submission, management, use, revenue receipts, publicizing the fee collection regime for assessing the conditions for environmental monitoring activities not mentioned in this Circular shall be implemented in accordance with the Law on Fees and Charges; Decree No. 120/2016/ND-CP dated August 23, 2016 of the Government detailing and guiding the implementation of certain provisions of the Law on Fees and Charges; 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 articles of the Law on Tax Administration and Decree No. 83/2013/NĐ-CP dated July 22, 2013 of the Government; Circular No. 153/2012/TT-BTC dated September 17, 2012 of the Minister of Finance guiding the printing, issuance, management, and use of various types of revenue receipts for fees and charges under the State budget, and any amendments, supplements, or replacements thereof (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.