Circular No. 197/2016/TT-BTC stipulates the level of fee collection, the system of collection, payment, management, and use of fees for the exploitation and use of meteorological and hydrological information and data.

CIRCULAR

Regulations on the level of collection, collection system, payment, management, and use of fees for exploitation and utilization of meteorological and hydrological information and data

exploitation and utilization of meteorological and hydrological information and data

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

Pursuant to the Law on Meteorology and Hydrology dated November 23, 2015;

WHEREAS, Decree No. 38/2016/NĐ-CP dated May 15, 2016 of the Government detailing certain provisions of the Law on Meteorology and Hydrology;

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 issues this Circular to regulate the level of collection, collection system, payment, management, and use of fees for exploitation and utilization of meteorological and hydrological information and data.

Article 1. Scope of Regulation and Applicability

1. This Circular regulates the level of collection, collection system, payment, management, and use of fees for exploitation and utilization of meteorological and hydrological information and data.

2. State agencies exploiting meteorological and hydrological information and data for the following purposes shall not be required to pay fees as prescribed in this Circular:

a) Announcing on mass media without profit-making purposes.

b) Serving disaster prevention and control, ensuring national defense and security.

c) Exchanging information with foreign countries and international organizations pursuant to international treaties to which the Socialist Republic of Vietnam is a member.

d) Serving the activities of Party agencies, National Assembly, Government, central-level political-social organizations.

đ) Serving investigative, adjudicative, and dispute resolution activities upon request of investigative and adjudicative agencies.

e) Serving the development of strategies, plans, and economic and social development programs at ministries, sectors, and localities upon request of the Minister, Head of equivalent ministries; Chairman of the People's Committee of provinces.

3. This Circular applies to entities, organizations, individuals paying fees; fee-collecting organizations; agencies, organizations, and individuals related to the collection of fees for exploiting meteorological and hydrological information and data.

1. Entities, organizations, and individuals requesting the National Meteorological and Hydrological Center under the Ministry of Natural Resources and Environment to provide meteorological and hydrological information and data must pay fees, except in cases stipulated in Clause 2, Article 1 of this Circular.

2. The National Meteorological and Hydrological Center under the Ministry of Natural Resources and Environment shall collect fees in accordance with the provisions of this Circular.

Article 3. Level of Fees

The level of fees for exploitation and utilization of meteorological and hydrological information and data is specified in the attached Fee Schedule.

Article 4. Declaration and Payment of Fees by Fee-Collecting Organizations

1. By the fifth day of each month, fee collection organizations must deposit the collected fee amount of the previous month into the account for pending budget payments opened at the State Treasury.

2. Fee-collecting organizations shall declare and pay collected fees monthly and 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, 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, and Decree No. 83/2013/NĐ-CP dated July 22, 2013 of the Government.

Article 5. Management and use of fees

1. Fee-collecting organizations may retain 70% of the collected fees to cover costs for providing services and collecting fees. The retained amount shall be managed and used in accordance with the provisions of 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.

2. Fee-collecting organizations shall remit 30% of the collected fees to the state budget according to the chapters, sections, and sub-sections of the State Budget Classification. The time of payment 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, 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, and Decree No. 83/2013/NĐ-CP dated July 22, 2013 of the Government.

Article 6. Implementation organization and enforcement provisions

1. This Circular takes effect from January 1, 2017, and replaces Circular No. 23/2009/TT-BTC dated February 5, 2009, issued by the Minister of Finance regulating the level of collection, collection system, payment, management, and use of fees for exploitation and utilization of meteorological and hydrological materials, water and air environment, and Decision No. 562a/QĐ-BTC dated March 20, 2009, issued by the Minister of Finance amending Circular No. 23/2009/TT-BTC dated February 5, 2009.

2. Other contents related to collection, payment, management, use, revenue vouchers, and publicizing the fee collection system 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, 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, and Decree No. 83/2013/NĐ-CP dated July 22, 2013 of the Government; Circular No. 153/2012/TT-BTC dated September 17, 2012, issued by the Minister of Finance guiding the printing, issuance, management, and use of various types of revenue vouchers and charges belonging to 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.