Circular No. 251/2016/TT-BTC stipulates the level of collection, collection regime, submission, management, and use of fees for handling competition cases in the field of competition. This document applies to organizations and individuals participating in the process of resolving competition-related cases.
적용 범위
[a] Organizations and individuals when being handled by the competition management authority for competition cases; [b] Competition management authorities with the authority to handle competition cases; [c] Other organizations and individuals related to the collection and submission of fees.
핵심 사항
- The fee payer for handling competition cases is the parties as prescribed in Article 63 of the Competition Law (Article 2).
- The fee for handling competition cases involving unfair competition practices is VND 10,000,000 per case; for restrictive competition practices, it is VND 100,000,000 per case (Article 4).
- The fee payer for resolving independent claims of interested parties is VND 10,000,000 per case (Articles 2 and 4).
- The fee payer for reviewing exemption application files in the resolution of competition cases must pay VND 50,000,000 per file and will not be refunded (Articles 2, 3, and 4).
- The fee collector is the Competition Administration under the Ministry of Industry and Trade (Article 3).
🌐 이 문서의 사회적 영향
- The fee payer will incur additional costs when participating in competition-related cases.
- The competition management authority has financial resources to perform its functions.
- Fee collection enhances efficiency in the process of handling and resolving competition cases.
❓ 자주 묻는 질문
Who is the fee payer for handling competition cases?
The fee payer for handling competition cases is the parties as prescribed in Article 63 of the Competition Law.
What is the fee for handling competition cases involving restrictive competition practices?
The fee for handling competition cases involving restrictive competition practices is VND 100,000,000 per case.
How much does the fee payer for resolving independent claims of interested parties have to pay?
The fee payer for resolving independent claims of interested parties is VND 10,000,000 per case.
What role does the Competition Administration under the Ministry of Industry and Trade play?
The Competition Administration under the Ministry of Industry and Trade is the fee collector as prescribed in this Circular.
전문
CIRCULAR
Regulations on the level of collection, collection system, payment, management, and use of fees for handling competition cases
Pursuant to the Law on Fees and Charges dated November 25, 2015;
Pursuant to the State Budget Law on June 25, 2015;
Pursuant to the Competition Law dated October 3, 2004;
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 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
At the proposal of the Director of the Policy Department;
The Minister of Finance issues this Circular regulating the level of collection, collection system, payment, management, and use of fees for handling competition cases.
Article 1. Scope of Regulation and Applicability
Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.
This Circular regulates the level of collection, collection system, payment, management, and use of various types of fees, including: fees for handling competition cases; fees for resolving independent requests of interested parties; fees for reviewing applications for exemption in resolving competition cases.
Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.
This Circular applies to:
a) Organizations and individuals when being handled by the competent competition management agency for competition cases; resolving independent requests of interested parties; reviewing applications for exemption in resolving competition cases;
b) The competent competition management agency for handling competition cases; resolving independent requests of interested parties; reviewing applications for exemption in resolving competition cases;
c) Other organizations and individuals related to the collection, payment of fees for handling competition cases; fees for resolving independent requests of interested parties; fees for reviewing applications for exemption in resolving competition cases.
Article 2. Persons Paying Fees
1. The fee payer for handling competition cases is the parties as prescribed in Article 63 of the Competition Law.
2. The fee payer for resolving independent requests of interested parties is the interested party as prescribed in Article 71 of the Competition Law.
3. The fee payer for reviewing applications for exemption in resolving competition cases is the party submitting the application as prescribed in Article 30 of the Competition Law.
Article 3. Fee Collection Organizations
The Competition Management Agency (under the Ministry of Industry and Trade) has the authority to handle competition cases, resolve independent requests of interested parties, and review applications for exemption in resolving competition cases is the organization collecting fees as prescribed in this Circular.
Article 4. Fee Rates
1. Level of fees for handling competition cases:
a) For unfair competition acts, it is VND 10,000,000 per case;
b) For restrictive competition acts, it is VND 100,000,000 per case.
2. Level of fees for resolving independent requests of interested parties is VND 10,000,000 per case.
3. Level of fees for reviewing applications for exemption in resolving competition cases is VND 50,000,000 per application.
Article 5. Declaration and Payment of Fees
1. For the fee payer, the following shall be implemented:
a) The complainant as prescribed in Article 58 of the Competition Law must pay a provisional fee for handling competition cases equal to 50% of the fee level prescribed in Clause 1, Article 4 of this Circular.
- In the event that the complainant does not have to bear the fee as prescribed in Article 63 of the Competition Law, the fee collection organization shall refund the entire provisional fee within thirty days from the date the decision on handling the competition case becomes legally effective; the defendant must pay 100% of the fee level for handling the competition case as prescribed in Clause 1, Article 4 of this Circular.
- In the event that the complainant has to bear the fee as prescribed in Article 63 of the Competition Law, the complainant must pay the remaining 50% of the fee level as prescribed in Clause 1, Article 4 of this Circular.
b) When there is an independent request to participate in competition proceedings as an interested party, the person making the independent request must pay a provisional fee of 100% of the fee level as prescribed in Clause 2, Article 4 of this Circular. The person making the independent request must bear the fee for their independent request if such request is not accepted by the competition management agency or the Competition Case Resolution Board. If accepted, the person making the independent request will be refunded the provisional fee already paid.
c) When submitting an application for exemption, the applicant must pay 100% of the fee level as prescribed in Clause 3, Article 4 of this Circular and shall not be refunded under any circumstances.
2. For the fee collection organization, the following shall be implemented:
b) Fee collecting organizations shall declare fees monthly, settle accounts annually in accordance with Clause 3, Article 19 and pay fees in accordance with Clause 2, Article 26 of Circular No. 156/2013/TT-BTC dated November 6, 2013 issued by the Minister of Finance guiding 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.
b) The fee collection organization shall declare fees monthly, settle accounts annually as prescribed in Clause 3, Article 19, and pay fees according to the provisions of 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 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 fee collection organization shall deposit the entire amount of collected fees into the State budget according to the current State Budget Classification. The cost of handling and collecting fees shall be covered by the State budget in the organization's budget according to the State budget expenditure regulations as prescribed by law.
2. In the case where the fee collection organization is allocated costs for operations according to the Government's or Prime Minister's regulations on the self-management and self-responsibility structure for personnel and administrative management expenses for state agencies, they may retain 90% (ninety percent) of the total collected fees to cover the costs of handling and collecting fees as prescribed in Clause 2, Article 5 of 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. The remaining 10% (ten percent) of the fees must be deposited into the State budget according to the current State Budget Classification.
Article 7. Implementation Organization
This Circular takes effect from January 1, 2017.
2. Other contents related to the collection, submission, management, and use of fees not specified 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 detailing and guiding the implementation of certain provisions of the Law on Fees and Charges; Circular No. 156/2013/TT-BTC dated November 6, 2013 of the Minister of Finance guiding 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; Circulars of the Minister of Finance stipulating the printing, issuance, management, and use of various types of receipts for fees and charges under the State budget, and any amendments, supplements, or replacements thereof (if any).
3. Organizations and individuals subject to payment of fees and relevant agencies are responsible for implementing this Circular. In the course of implementation, if there are any difficulties, organizations and individuals are requested to promptly report to the Ministry of Finance for consideration and guidance./.
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