Circular No. 228/2016/TT-BTC stipulates the level of collection, collection system, submission, management, and use of fees for recruitment, examination for promotion to higher ranks, and upgrading positions of civil servants and public officials.

CIRCULAR

REGULATIONS ON THE LEVEL OF COLLECTION, COLLECTION SYSTEM, PAYMENT, MANAGEMENT AND USE OF FEES FOR RECRUITMENT, QUALIFICATION EXAMINATION, PROMOTION OF CIVIL SERVANTS AND CIVIL SERVICE RANKS

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. 24/2010/NĐ-CP dated March 15, 2010 of the Government on recruitment, use and management of civil servants and Decree No. 93/2010/NĐ-CP dated August 31, 2010 on amending certain articles of Decree No. 24/2010/NĐ-CP;

Pursuant to Decree No. 29/2012/NĐ-CP dated April 12, 2012 of the Government on recruitment, use, and management of civil servants;

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 promulgates this Circular stipulating the level of collection, collection system, payment, management and use of fees for recruitment, qualification examination, promotion of civil servants and civil service ranks.

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the level of collection, collection system, payment, management and use of fees for recruitment, qualification examination, promotion of civil servants and civil service ranks.

2. This Circular applies to individuals paying, organizations collecting recruitment fees, qualification examination fees, promotion fees of civil servants and civil service ranks, and other organizations and individuals related to the collection, payment, management and use of recruitment fees, qualification examination fees, promotion fees of civil servants and civil service ranks.

Article 2. Persons Paying Fees

1. Individuals who meet the conditions to submit application forms for examination must pay recruitment fees according to the provisions of this Circular when submitting their application forms for examination.

2. Civil servants and civil service personnel must pay qualification examination fees for promotion according to the provisions of this Circular when submitting their application forms for qualification examination and promotion.

Article 3. Fee Collection Organizations

1. The agency or unit organizing the recruitment of civil servants and public officials is the organization collecting the recruitment fees.

2. Agencies and units organizing qualification examinations for civil servants and promotions for civil service personnel are the organizations collecting qualification examination fees for promotion of civil servants and civil service personnel.

Article 4. Fee Rates

The level of collection of recruitment fees, qualification examination fees, and promotion fees of civil servants and civil service personnel 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.

2. Organizations collecting fees shall declare and pay the collected fees 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 of 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

1. Organizations collecting fees that are public institutions may retain 100% of the collected fees to cover expenditures as prescribed in Clause 4 of this Article.

2. Organizations collecting fees that are state agencies must deposit the entire amount of collected fees into the State budget. Expenditures for implementing tasks and collecting fees shall be allocated from the State budget within the organization's budget according to the State budget expenditure regulations.

3. In cases where organizations collecting fees are state agencies that are 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, they may retain 100% of the collected fees to cover expenditures as prescribed in Clause 4 of this Article.

4. The retained fees may be used for expenditures as prescribed in Article 5 of Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government; including other expenditures related to implementing tasks and collecting fees such as the following:

a) Announcing on mass media about recruitment quotas and conditions.

b) Checking applications, entering data, and sending notifications to participants in the recruitment process.

c) Compiling examination materials, renting conference halls, hiring instructors to train candidates, opening the examination period; travel and accommodation expenses for instructors and members of the Examination Board.

d) Printing and purchasing receipts for fee collection.

đ) Renting examination rooms and organizing examinations.

e) Reviewing lists of qualified candidates; convening the Examination Board, preparing examination questions and answers, supervising and grading examinations, rechecking examination papers.

g) Purchasing supplies, office supplies, printing examination materials and forms.

h) Other direct services supporting the recruitment of civil servants and civil service personnel at authorized agencies and units.

Article 7. Implementation Organization

1. This Circular takes effect from January 1, 2017 and replaces Joint Circular No. 163/2010/TTLT-BTC-BNV dated November 20, 2010 of the Minister of Finance and the Minister of Home Affairs guiding the level of collection, collection system, payment, management and use of fees for recruitment examinations and qualification examinations for civil servants and civil service personnel.

2. Other contents related to the collection, payment, management, use, receipt vouchers, and 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, supplements or replacements (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.