Circular No. 244/2016/TT-BTC stipulates the level of collection, collection system, payment, management, and use of fees for providing criminal record information to Vietnamese citizens and foreigners. The fee is 200,000 VND per person per request, reduced to 100,000 VND for certain preferential subjects.
适用范围
Vietnamese citizens and foreigners requesting issuance of a Criminal Record Certificate; the fee collector is the National Criminal Record Center and the Department of Justice of provinces/cities directly under the central government.
要点
- When submitting application files for issuance of a Criminal Record Certificate, Vietnamese citizens and foreigners must pay a fee of 200,000 VND per person per request (Article 4).
- Preferential subjects such as students, those who have rendered meritorious service to the revolution, and relatives of martyrs are entitled to a reduced fee of 100,000 VND per person per request (Article 4).
- Children, elderly people, persons with disabilities, members of poor households, and residents in particularly difficult communes are exempt from paying the fee (Article 5).
- The National Criminal Record Center, as the fee collector, retains 85% of the collected fees to cover the costs of providing criminal record information, while the remaining 15% is remitted to the state budget (Article 7).
- Provincial/City Departments of Justice must transfer 4% of the collected fees to the account of the National Criminal Record Center for use in related activities, with the remainder remitted to the state budget (Article 7).
🌐 本文件的社会影响
- Citizens and businesses requiring issuance of a Criminal Record Certificate must pay the prescribed fee, which contributes to state revenue.
- Preferential subjects are exempted or granted a reduction in fees, facilitating their access to the service.
- Fee collectors have additional financial resources to perform their tasks more effectively.
- Citizens and businesses not falling within the preferential category must bear the financial burden when obtaining a Criminal Record Certificate.
❓ 常见问题
What is the fee for providing criminal record information?
200,000 VND per person per request (Article 4).
Which subjects are exempted or granted a reduction in fees?
Children, elderly people, persons with disabilities, members of poor households, and residents in particularly difficult communes are exempt from paying the fee. Students, those who have rendered meritorious service to the revolution, and relatives of martyrs are granted a reduced fee of 100,000 VND per person per request (Article 5).
How does the fee collector utilize the collected fees?
The National Criminal Record Center retains 85% of the collected fees to cover the costs of providing criminal record information, while the remaining 15% is remitted to the state budget (Article 7).
全文
CIRCULAR
Regulations on the level of collection, collection regime, submission, management, and use of fees for reviewing and approving fire prevention and firefighting design fee for providing criminal record information
______________________
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 level of collection, the system of collection, payment, management, and utilization of the fee for providing criminal record information.
Article 1. Scope of Regulation and Applicability
Article 1. This Circular prescribes the level of collection, collection regime, submission, management and use of fees for providing criminal record information for cases where Vietnamese citizens and foreigners request issuance of Criminal Record Certificates.
2. This Circular applies to those who pay the fee and organizations collecting the fee for providing criminal record information, as well as other organizations and individuals related to the collection, payment, management, and utilization of the fee for providing criminal record information.
Article 2. Persons Paying Fees
Vietnamese citizens and foreigners must pay the fee as prescribed in this Circular when submitting applications for issuance of Criminal Record Certificates.
Article 3. Fee Collection Organizations
The National Criminal Record Center (Ministry of Justice) and the Department of Justice of provinces and centrally governed cities are the organizations collecting the fee.
Article 4. Fee Rates
The level of collection of the fee for providing criminal record information shall be implemented as follows:
|
Quarter (1) |
Content of Collection |
Rate of Collection |
|
1 |
Fee for||| providing criminal record information |
200.000 |
|
2 |
Fee for||| providing criminal record information for students, persons with meritorious service to the revolution, relatives of martyrs (including father, mother, wife (or husband), children (biological or adopted), persons who have raised martyrs). |
100.000 |
In cases where the person requesting issuance of a Criminal Record Certificate requests more than two Criminal Record Certificates in one request, then from the third certificate onwards, the organization collecting the fee may collect an additional VND 5,000 per certificate to cover necessary costs for printing the Criminal Record Certificate form.
Article 5. Cases of exemption from fees
1. Children as defined in the Law on Protection, Care, and Education of Children.
2. Elderly people as defined in the Law on the Elderly.
3. Persons with disabilities as defined in the Law on Persons with Disabilities.
4. Persons belonging to poor households as defined in Decision No. 59/2015/QĐ-TTg dated November 19, 2015 of the Prime Minister.
Clause 5. Persons residing in particularly difficult communes, ethnic minority groups in communes with particularly difficult socio-economic conditions, border communes, safe area communes as prescribed by law.
Article 6. 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 the fee shall declare and pay the collected fee 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 7. Management and Use of Fees
1. The National Criminal Record Center, which is the organization collecting the fee, retains 85% of the collected fee to cover expenses for the contents specified in Article 5 of Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government. It shall remit 15% of the collected fee into the State budget according to the chapters and sub-items of the current State budget classification.
The amount retained by the organization collecting the fee as stipulated in Clause 1 of this Article is determined at 100% and allocated as follows:
a) The organization collecting the fee transfers 60% of the retained fee to the Administrative File Service Police Unit for cooperation in verification work corresponding to the number of files that have been completed, to cover expenses related to providing criminal record information including: purchasing office supplies, office materials, communication expenses, travel expenses; maintenance and repair of equipment, purchase of storage equipment, processing, and preservation of files; supporting personnel participating in cooperation with the Administrative File Service Police Unit and Departments of Justice in contacting, urging, tracking, verifying exempted and reduced fee files, reconciling files and funds, compiling information, receiving and transferring search results and verification results from the Administrative File Service Police Unit and other related expenses for searching and providing information to serve the issuance of Criminal Record Certificates.
The transfer shall be made through the National Criminal Record Center once every quarter based on the total number of files that have been verified and confirmed by the National Criminal Record Center.
In cases where multiple agencies cooperate in verification, in addition to the transfer to the Administrative File Service Police Unit, the organization collecting the fee supports each agency conducting verification with VND 25,000 per request.
b) The organization collecting the fee uses the remaining fee to cover expenses for the contents specified in Article 5 of Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government.
2. For organizations collecting the fee that are Departments of Justice:
a) The organization collecting the fee retains 4% of the collected fee and transfers it to the account of the National Criminal Record Center for the National Criminal Record Center to use to cover expenses for the contents specified in Article 5 of Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government. It shall remit 15% of the collected fee into the State budget according to the chapters and sub-items of the current State budget classification.
The remaining amount for the organization collecting the fee is determined at 100%, and after allocation as prescribed in point a of Clause 1 of this Article, the organization collecting the fee must remit it into the State budget. The cost of implementing tasks and collecting fees is covered by the State budget within the organizational budget according to the State budget expenditure regulations.
b) In cases where the organization collecting the fee is a state agency allocated operational costs from the fee revenue according to Clause 1 of Article 4 of Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government, it retains 4% of the collected fee and transfers it to the account of the National Criminal Record Center for the National Criminal Record Center to use to cover expenses for the contents specified in Article 5 of Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government, retains 81% of the collected fee to cover expenses for the contents specified in Article 5 of Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government. It shall remit 15% of the collected fee into the State budget according to the chapters and sub-items of the current State budget classification.
The amount retained by the organization collecting the fee as stipulated in point b of Clause 2 of this Article is determined at 100% and allocated as prescribed in points a and b of Clause 1 of this Article.
Article 8. Implementation organization
1. This Circular takes effect from January 1, 2017 and replaces Circular No. 174/2011/TT-BTC dated December 2, 2011 of the Minister of Finance guiding the system of collection, payment, management, and utilization of the fee for issuing Criminal Record Certificates.
2. Other contents related to the collection, submission, management, use, receipt vouchers, and publicizing the fee collection regime 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 receipt vouchers for fees and charges under 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.
DEPUTY MINISTER
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