Circular No. 217/2016/TT-BTC stipulates the fee levels, collection, payment, management, and use for verifying documents and materials at the request of individuals.

CIRCULAR

Regulations on the level of collection, collection system, payment, management
and the use of fees for verifying documents at the request of individuals

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. 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;

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 Department of Tax Policy,

The Minister of Finance issues this Circular to stipulate the rates, collection procedures, payment, management, and use of fees for verifying documents at the request of individuals.

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the rates, collection procedures, payment, management, and use of fees for verifying documents at the request of individuals in cases where individuals request state agencies with competent authority to issue certificates confirming the absence of criminal records.

2. This Circular applies to fee payers, organizations collecting fees for verifying documents at the request of individuals, and other organizations and individuals related to the collection, payment, management, and use of fees for verifying documents at the request of individuals.

Article 2. Persons Paying Fees

Vietnamese citizens must pay the fee as prescribed in this Circular when requesting state agencies with competent authority to issue certificates confirming the absence of criminal records in accordance with the law.

Article 3. Fee Collection Organizations

The Criminal Records Department under the Police General Corps (Ministry of Public Security) and provincial police departments are the organizations collecting fees.

Article 4. Fee Rates

The rate for fees for verifying documents at the request of individuals is VND 50,000 per person per verification.

Article 5. Declaration and Payment of Fees

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. Organizations collecting fees shall declare and pay the collected fees monthly and settle accounts annually in accordance with the provisions of Clause 3 Article 19 and 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 articles 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.

Article 6. Management and Use of Fees

Organizations collecting fees may retain 80% of the collected fees to cover expenses for expenditures as prescribed in Article 5 of Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government. They shall remit 20% of the collected fees into the State budget according to the chapters and sub-items of the State Budget Classification currently in effect.

Article 7. Implementation Organization

1. This Circular takes effect from January 1, 2017 and replaces Circular No. 168/2010/TT-BTC dated December 2, 2011 of the Minister of Finance stipulating the collection of fees for issuing certificates confirming the absence of criminal records for workers going to work abroad for a limited period.

2. Other contents related to the collection, payment, management, use, revenue receipts, and publicizing of fee collection procedures 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; Circular No. 156/2013/TT-BTC dated November 6, 2013 of the Minister of Finance; Circulars of the Minister of Finance stipulating the printing, issuance, management, and use of various types of revenue receipts 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.