Joint Circular No. 19/TT-LB guiding and temporarily regulating the collection, management, and use of various fees, fines, and deposits into the account of Economic Arbitration.

CIRCULAR

JOINT MINISTRY OF FINANCE - STATE ECONOMIC ARBITRATION

JOINT CIRCULAR NO. 19/TT-LB DATE March 10, 1987

GUIDELINES AND TEMPORARY REGULATIONS ON THE SYSTEM OF COLLECTION, MANAGEMENT, AND USE OF FEES, PENALTIES, AND FUNDS DEPOSITED INTO ACCOUNTS

OF THE STATE ECONOMIC ARBITRATION

IMPLEMENTING THE TEMPORARY PROVISIONS ON THE AUTONOMY RIGHTS OF BASIC ECONOMIC UNITS IN ENTERING INTO AND PERFORMING ECONOMIC CONTRACTS AND THE AUTONOMY RIGHTS IN FINANCIAL MATTERS OF BASIC ECONOMIC UNITS ISSUED WITH DECISION NO. 76-HĐBT ON JUNE 26, 1986 OF THE STATE COUNCIL, THE JOINT MINISTRY OF FINANCE - STATE ECONOMIC ARBITRATION PROVIDES GUIDELINES AND TEMPORARY REGULATIONS ON THE SYSTEM OF COLLECTION, MANAGEMENT, AND USE OF FEES, PENALTIES, AND FUNDS DEPOSITED INTO ACCOUNTS OF THE STATE ECONOMIC ARBITRATION AS FOLLOWS:

I. RECEIPTS DEPOSITED INTO THE ACCOUNT OF THE STATE ECONOMIC ARBITRATION

During the process of managing economic contract systems, adjudicating disputes, and violations of economic contracts, economic arbitration agencies at all levels and sectors collect the following items:

I. ITEMS DEPOSITED INTO THE ACCOUNT OF THE STATE ECONOMIC ARBITRATION

In the course of performing their duties to manage economic contract systems, adjudicate disputes, and violations of economic contracts, economic arbitration agencies at all levels and sectors collect the following items:

- Registration fees for economic contracts,

- Arbitration fees,

- Collections from fines imposed for violations of economic contracts,

- Collections from compensation payments for damages caused by violations of economic contracts that the aggrieved party does not appeal against or for contracts signed contrary to the law.

These collections are specified as follows:

1. REGARDING REGISTRATION FEES FOR ECONOMIC CONTRACTS:

a) After signing economic contracts, copies of the signed contracts must be submitted for registration and payment of the registration fee for economic contracts at the competent economic arbitration agency according to Circular No. 42-PC/TT dated October 13, 1986 of the State Economic Arbitration guiding the registration of economic contracts.

b) Depending on the value of the economic contract, the amount of the registration fee for economic contracts to be paid is as follows:

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³ Value of the economic contract ³ Registration fee ³

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³ ³ ³

³ Under 1,000,000 dong ³ 50 dong ³

³ From 1,000,000 dong to ³ ³

³ under 10,000,000 dong ³ 100 dong ³

³ Over 10,000,000 dong ³ 200 dong ³

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c) The registration fee for economic contracts mentioned above can be included in production costs or circulation expenses (Enterprise Management Costs item) or administrative management costs corresponding to budget units.

2. REGARDING ARBITRATION FEES

a) When adjudicating disputes and violations of economic contracts, including economic arbitration proceedings where the arbitration invites both parties to meet to resolve issues, based on complaint files to issue decisions, or holding hearings, the economic arbitration agency conducting the hearing collects arbitration fees as follows:

- For cases refusing or delaying the signing of economic contracts, the arbitration fee is 50 dong.

- For disputes and violations of signed economic contracts, depending on the value of the economic contract, the arbitration fee to be paid is as follows:

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³ Value of the economic contract ³ Arbitration fee ³

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³ Under 1,000,000 dong ³ 50 dong ³

³ From 1,000,000 dong to ³ ³

³ under 10,000,000 dong ³ 300 dong ³

³ Over 10,000,000 dong ³ 500 dong ³

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b) Based on the decision of the economic arbitration, the payment of the fee is stipulated as follows:

The party violating the economic contract must pay the arbitration fee. If both parties violate the economic contract, the party that pays more in fines must pay the arbitration fee. If both parties are fined equally, each party must pay half of the arbitration fee.

c) The arbitration fee is deducted from the profit retained by the enterprise before distribution of enterprise funds (for production-business units) or deducted from the budget account and not replenished (for budget units).

3. REGARDING COLLECTIONS FROM VIOLATION PENALTIES OF ECONOMIC CONTRACT REGULATIONS:

a) All cases of violation of economic contract regulations resulting in fines as decided by the competent economic arbitration, the fined party must deposit 10% of the fine amount into the account of the economic arbitration agency conducting the hearing, with the remaining fine amount deposited into the state budget.

b) The fine for violation of economic contract regulations is deducted as stipulated in sub-clause c, point 2 above.

4. REGARDING COLLECTIONS FROM COMPENSATION PAYMENTS FOR DAMAGES CAUSED BY VIOLATIONS OF ECONOMIC CONTRACTS:

a) Disputes and violations of economic contracts leading to economic damage require the violator to compensate the aggrieved party.

In particular, in cases where the aggrieved party does not appeal against the violation and the economic arbitration takes the initiative to adjudicate it, or for contracts contrary to the law, if the violator must compensate for the damage, the economic arbitration agency conducting the hearing may deduct 1% of the compensation amount. The violator is responsible for deducting from their own account to compensate, with 1% of the compensation amount deposited into the account of the economic arbitration agency conducting the hearing, and the remaining compensation amount transferred to the aggrieved party according to the decision of the competent economic arbitration agency.

b) For the party violating the contract required to compensate for damages. After compensating for damages without identifying the source, it is recorded in account 84 "Damaged, missing, or excess assets awaiting resolution." Once the source is identified (material responsibility of staff, workers, or from total enterprise profits) according to the decision of the competent authority, it is recorded in the accounting accounts according to current accounting regulations.

For the aggrieved party suffering damages that have not been compensated, it is recorded in account 84 "Damaged, missing, or excess assets awaiting resolution." Upon receiving compensation or a decision on handling this loss from the competent authority, it is recorded in the accounting accounts according to current accounting regulations.

II. USE AND MANAGEMENT OF RECEIPTS OF THE ECONOMIC ARBITRATION AGENCY

1. According to Article 15 of the temporary provisions on the autonomy rights of basic economic units in entering into and performing economic contracts issued with Decision No. 76-HĐBT on June 26, 1986 of the State Council, economic arbitration agencies at all levels and sectors collect the receipts mentioned in Part I above and are allowed to spend on the following items:

a) Expenditures in the work of adjudicating disputes and violations of economic contracts:

- Expenses for collecting materials and evidence for adjudication;

- Expenses for collaborating assessors participating in adjudication;

- Expenses for purchasing books, newspapers, and legal documents;

- Expenses for court meetings and specialized conferences on adjudication work.

b) Expenses for management and propaganda to prevent violations of economic contract systems:

- Costs for registering economic contracts;

- Expenses for propaganda to prevent violations of economic contracts.

c) Rewards for collectives and individuals who have contributed to detecting contract violations, contributing to successful adjudications, and protecting socialist property.

The expenditure of the above items must be carried out with a spirit of thrift and agreement between the financial authority and the economic arbitration body at the same level.

Annually and quarterly, economic arbitration bodies at all levels and sectors shall prepare budgets for revenues and expenditures (in accordance with the current budget classification and including additional expenditures as stipulated in Point 1, Part II of this Circular) and submit them to the corresponding financial authorities. For county and district economic arbitrations, the revenue and expenditure budgets prepared according to the above regulations shall be submitted to the People's Committee of the county or district and the corresponding financial authority; the People's Committee of the county or district shall review the revenue and expenditure budgets of the county or district economic arbitration.

Financial authorities at all levels shall allocate funds to economic arbitration bodies at all levels and sectors according to approved budget estimates; economic arbitration bodies at all levels and sectors shall collect revenues as specified in Part 1 of this Circular and remit them to the state treasury.

III. Implementation Provisions

This Circular takes effect from the date of issuance.

Previous financial regulations related to the implementation of economic contract systems that conflict with the provisions of this Circular are hereby abolished.