Circular No. 223/2016/TT-BTC stipulates the level of collection, collection system, submission, management, and use of fees for assessing standards and conditions for practicing in the field of notary public.

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 notary public sector

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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. 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. 61/2009/NĐ-CP dated July 24, 2009 of the Government on the organization and operation of notary publics for pilot implementation in Ho Chi Minh City, and Decree No. 135/2013/NĐ-CP dated October 18, 2013 of the Government amending and supplementing the name and some articles of Decree No. 61/2009/NĐ-CP.

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 stipulating the fee levels, collection, payment, management, and utilization of fees for assessing standards and conditions for practicing in the notary public sector.

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the fee levels, collection, payment, management, and utilization of fees for assessing standards and conditions for practicing in the notary public sector.

2. This Circular applies to individuals paying, organizations collecting fees for assessing standards and conditions for practicing in the notary public sector, and other organizations and individuals related to the collection, payment, management, and utilization of fees for assessing standards and conditions for practicing in the notary public sector.

Article 3. Fee Collection Organizations

1. The Department of Legal Aid (Ministry of Justice) shall collect fees for assessing standards and conditions for practicing notary publics as stipulated in Item 1, Article 4 of this Circular.

2. Provincial Departments of Justice under central cities shall collect fees for assessing conditions for establishing Notary Public Offices as stipulated in Item 2, Article 4 of this Circular.

The level of fee collection under this Circular is as follows:

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.

Article 6. Management and Utilization of Fees

1. Organizations collecting fees shall remit the entire amount of collected fees to the State budget except in cases stipulated in Clause 2 hereof. The costs for implementing tasks and collecting fees shall be covered from the State budget within the organizational budget according to the State budget expenditure regulations and norms.

2. In cases where the organization collecting fees is a state agency allocated operational costs from the fee revenue 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 costs for the items specified in Article 5 of Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government. The remaining 10% of the collected fees shall be remitted to 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.

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.