Circular No. 224/2016/TT-BTC stipulates the level of collection, collection system, payment, management, and use of fees for assessing standards and conditions for practicing professions, managing, and liquidating assets; registration fees for issuing professional certificates for asset managers.

CIRCULAR

Regulations on the level of collection, collection regime, submission, management, and use of fees for reviewing and approving fire prevention and firefighting design
fees for assessing standards, conditions for practice, management activities,
liquidation of assets; fees for issuing certificates of professional qualifications for asset managers

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 of fees for assessing standards, conditions for practice, management activities, liquidation of assets; fees for issuing certificates of professional qualifications for asset managers.

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the rates of fees for assessing standards, conditions for practice, management activities, liquidation of assets; fees for issuing certificates of professional qualifications for asset managers, as well as the collection, payment, management, and utilization thereof.

Article 2. This Circular applies to individuals paying fees for assessing standards, conditions for practice, management activities, liquidation of assets; fees for issuing certificates of professional qualifications for asset managers, organizations collecting such fees, and other relevant individuals or entities involved in the collection, payment, management, and utilization of these fees.

Article 2. Fee and Charge Payers

Point 1. Individuals applying for a Certificate of Professional Qualification for Asset Manager must pay the fee and the fee for issuance.

Point 2. Asset Managers registering to manage and liquidate assets as individuals must pay the fee.

Point 3. Enterprises registering to manage and liquidate assets must pay the fee.

Article 3. Organizations collecting fees and charges

Article 1. The Department of Legal Aid (Ministry of Justice) shall collect fees for assessing standards and conditions for managing and liquidating assets as specified in Clause 2(a), Article 4 of this Circular; fees for issuing certificates of professional qualifications for asset managers as specified in Clause 1, Article 4 of this Circular.

Clause 2. Provincial Departments of Justice under central cities shall collect fees for assessing conditions for managing and liquidating assets as specified in Clause 2(b), Article 4 of this Circular.

Article 4. Rates of Fees and Charges

The levels of fees and license fees as prescribed in this Circular are as follows:

Article 5. Declaration, Payment of Fees and Charges

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.

Clause 2. Organizations collecting fees and fees for issuance shall declare and pay the collected amounts 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 of fees and charges

Clause 1. Organizations collecting fees shall remit the entire amount of collected fees to the State budget except as provided in Clause 2 of this Article. The costs for implementing the work and collecting fees shall be covered from the State budget within the organization's budget according to the State budget expenditure regulations and norms.

Clause 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 expenses for the items specified in Article 5 of Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government. It shall remit 10% of the collected fees to the State budget according to the chapters and sub-items of the current State budget classification.

Clause 3. Organizations collecting fees for issuance shall remit 100% of the collected fees for issuance to the State budget according to the chapters and sub-items of the current State budget classification. The costs for implementing the work and collecting fees for issuing certificates of professional qualifications for asset managers shall be covered from the State budget within the organization's budget according to the State budget expenditure regulations and norms.

Article 7. Implementation Organization

1. This Circular takes effect from January 1, 2017.

Clause 2. Other matters related to the collection, payment, management, utilization, receipt vouchers, and publicizing the fee and fee issuance 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; 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 fee issuance collection vouchers 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.