Circular No. 281/2016/TT-BTC stipulates the rates, collection procedures, payment, management, and use of fees for accessing information in the household registration database, confirming Vietnamese citizenship, confirming Vietnamese origin, and nationality fees.

CIRCULAR

Regulations on the level of collection, collection system, payment, management, and use of fees for exploiting and using information in the civil status database, fees for confirming Vietnamese citizenship, fees for confirming Vietnamese origin, and nationality fees.
using information from the household registry database, fee for confirming Vietnamese nationality
confirmation of having Vietnamese citizenship,confirmation of being of Vietnamese originnationality fee

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 regulate the level of collection, collection system, payment, management, and use of fees for exploiting and using information in the civil status database, fees for confirming Vietnamese citizenship, fees for confirming Vietnamese origin, and nationality fees.

Article 1. Scope of Regulation and Applicability

Article 1. This Circular regulates the level of collection, collection system, payment, management, and use of fees for exploiting and using information in the civil status database, fees for confirming Vietnamese citizenship, fees for confirming Vietnamese origin, and nationality fees, implemented in Vietnam.

Article 2. This Circular applies to those who pay, organizations collecting fees for exploiting and using information in the civil status database, fees for confirming Vietnamese citizenship, fees for confirming Vietnamese origin, and nationality fees, as well as other organizations and individuals related to the collection, payment, management, and use of fees for exploiting and using information in the civil status database, fees for confirming Vietnamese citizenship, fees for confirming Vietnamese origin, and nationality fees.

Article 2. Fee and Charge Payers

Point 1. Organizations, entities, and individuals when submitting applications to exploit and use information in the civil status database according to the law must pay the fee for exploiting and using information in the civil status database.

Point 2. Individuals when processing procedures to confirm Vietnamese citizenship at competent authorities within Vietnam must pay the fee for confirming Vietnamese citizenship; when processing procedures to confirm Vietnamese origin at competent authorities within Vietnam must pay the fee for confirming Vietnamese origin.

Point 3. Foreign citizens, stateless persons residing in Vietnam when submitting applications to acquire Vietnamese citizenship, Vietnamese citizens who have lost their Vietnamese citizenship when submitting applications to regain Vietnamese citizenship, and Vietnamese citizens when submitting applications to renounce Vietnamese citizenship must pay the nationality fee.

Article 3. Organizations collecting fees and charges

Clause 1. The Civil Status, Nationality, and Notarization Department (Ministry of Justice); Consular Affairs Department (Ministry of Foreign Affairs); Provincial Departments of Justice under central cities; People's Committees at district level; People's Committees at commune level are organizations collecting fees for exploiting and using information in the civil status database.

Clause 2. The State Committee for Overseas Vietnamese (Ministry of Foreign Affairs); Provincial Departments of Justice under central cities where applications for confirming Vietnamese citizenship and confirming Vietnamese origin are received are organizations collecting fees for confirming Vietnamese citizenship and fees for confirming Vietnamese origin.

Clause 3. Provincial Departments of Justice under central cities where applications for acquiring Vietnamese citizenship, regaining Vietnamese citizenship, and renouncing Vietnamese citizenship are received are organizations collecting nationality fees.

Article 4. Rates of Fees and Charges

The levels of fees and charges are stipulated as follows:

Article 5. Cases of exemption from fees

1. The following cases shall be exempted from the fee for applying for Vietnamese citizenship or reacquiring Vietnamese citizenship:

a) Persons who have made special contributions to the cause of building and defending the Fatherland of Vietnam when applying for Vietnamese citizenship or reacquiring Vietnamese citizenship.

Persons making special contributions to the cause of building and defending the Fatherland of Vietnam must be those who have been awarded Orders, Medals, or other high honors by the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, the Socialist Republic of Vietnam, or confirmed by competent authorities of Vietnam regarding such special contributions;

b) Stateless persons applying for Vietnamese citizenship, or persons who have lost their citizenship and are applying to reacquire it, if they are in difficult economic circumstances and have confirmation from the People's Committee of the commune where they reside;

c) Persons migrating from Laos who are permitted to reside and apply for Vietnamese citizenship, confirmed to have Vietnamese nationality, and confirmed to be of Vietnamese origin according to international treaties to which the Socialist Republic of Vietnam is a party.

2. Overseas Vietnamese residing in neighboring countries sharing land borders with Vietnam, in difficult economic circumstances, and having confirmation from the People's Committee of the commune where they reside shall be exempted from the fee for confirming Vietnamese citizenship and confirming Vietnamese origin.

Article 6. 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.

2. Organizations collecting fees and charges shall declare and pay the collected fees and charges monthly, and settle accounts annually in accordance with 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 of Fees and Stamp Duties

1. Organizations collecting fees shall remit the entire amount of collected fees to the state budget except in the case stipulated in Clause 2 hereof. The cost of implementing the work and collecting fees shall be covered by the state budget within the organization's budget estimate according to the state budget expenditure system and standards.

2. In the case where the organization collecting fees is a state agency allocated costs for operations from the collected fees according to Clause 1 of Article 4 of Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government, it may retain 50% 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 50% of the collected fees shall be remitted to the state budget according to the chapters and sub-items of the State Budget Classification currently in effect.

3. Organizations collecting charges shall remit 100% of the collected charges to the state budget according to the chapters and sub-items of the State Budget Classification currently in effect. The cost of implementing the work and collecting charges shall be covered by the state budget within the organization's budget estimate according to the state budget expenditure system and standards.

Article 8. Implementation organization

1. This Circular shall take effect from January 1, 2017, and replace Circular No. 146/2009/TT-BTC dated July 20, 2009, issued by the Minister of Finance guiding the collection, payment, and management and use of charges for matters related to citizenship.

2. Other contents related to the collection, payment, management, use, receipt vouchers, publicizing the fee and charge 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, issued by the Minister of Finance; Circulars of the Minister of Finance on printing, issuing, managing, and using various types of fee and charge receipts 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.