Circular No. 222/2016/TT-BTC stipulates the level of collection, collection system, payment, management, and use of fees for assessing standards and conditions for practicing in the field of commercial arbitration.

CIRCULAR

Regulations on the level of collection, collection system, payment, management, and use of fees for examining conditions for scientific and technological activities
standards, conditions for practicing in the field of commercial arbitration

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 assessing standards and conditions for practicing in the field of commercial arbitration.

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the rates, collection procedures, payment, management, and use of fees for assessing standards and conditions for practicing in the field of commercial arbitration.

2. This Circular applies to entities paying fees, organizations collecting fees for assessing standards and conditions for practicing in the field of commercial arbitration, and other organizations and individuals related to the collection, payment, management, and use of fees for assessing standards and conditions for practicing in the field of commercial arbitration.

Article 2. Persons Paying Fees

1. An organization when submitting an application for establishing, registering to operate a Commercial Arbitration Center and registering to operate a Branch of a Commercial Arbitration Center must pay the fee as prescribed in this Circular.

2. A foreign arbitration organization when submitting an application for establishing a Branch, Representative Office of a foreign arbitration organization in Vietnam and registering to operate a Branch of a foreign arbitration organization in Vietnam must pay the fee as prescribed in this Circular.

Article 3. Fee Collection Organizations

1. The Bureau of Legal Assistance (Ministry of Justice) shall collect fees for assessing standards and conditions for practicing in the field of commercial arbitration as stipulated in Points 1a, 1b, 3a, 3b, 4a, and Point 4b of Article 4 of this Circular.

2. Provincial Departments of Justice under centrally governed cities shall collect fees for assessing standards and conditions for practicing in the field of commercial arbitration as stipulated in Point 1c, 1d, 2a, 2b, 3c, and Point 3d of Article 4 of this Circular.

Article 4. Fee Rates

The rates for fees for assessing standards and conditions for practicing in the field of commercial arbitration are as follows:

Article 5. Declaration and Payment of Fees

1. By the fifth day of each month, the entity collecting fees must transfer the amount of fees collected from the previous month into the account for pending budget payments at the State Treasury.

2. The entity collecting fees shall declare and pay the amount of fees collected monthly and settle accounts annually according to the guidance provided in 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 to guide 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. Management and Use of Fees

1. The entity collecting fees shall remit all collected fees into the state budget except in cases stipulated in Clause 2 of this Article. The costs for implementing tasks and collecting fees shall be covered by the state budget within the organizational budget according to the state budget expenditure regulations and norms.

2. In cases where the entity collecting fees is a state agency allocated operational costs from fee revenues according to Clause 1, Article 4 of Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government, it may retain 90% of the collected fees to cover expenses for the contents specified in Article 5 of Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government. Ten percent of the collected fees shall be remitted into the state budget according to the chapters and sub-items of the current State Budget Classification.

Article 7. Implementation Organization

1. This Circular takes effect from January 1, 2017, and replaces Circular No. 42/2013/TT-BTC dated April 11, 2013, issued by the Minister of Finance, which stipulates the rates, collection procedures, payment, management, and use of fees for assessing standards and conditions for practicing in the field of commercial arbitration.

2. Other matters related to the collection, payment, management, use, receipt vouchers, publicizing the fee collection system not mentioned in this Circular shall be implemented according to 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 on printing, issuing, managing, and using various types of fee and charge receipts belonging to the state budget, and any amendments 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.