Joint Circular No. 36/2008/TTLT-BTC-BTP amending and supplementing Joint Circular No. 03/2007/TTLT-BTC-BTP dated January 10, 2007 guiding the regime of collection, payment, management, and use of registration fees and information provision fees for secured transactions.

JOINT CIRCULAR

Amending and supplementing Circular Joint No. 03/2007/TTLT-BTC-BTP

dated January 10, 2007 guiding the regime for collection, payment, management, and use of registration fees and information provision fees regarding secured transactions

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Pursuant to Decree No. 57/2002/NĐ-CP dated June 3, 2002 of the Government detailing the implementation of the Ordinance on Fees and Charges; Decree No. 24/2006/NĐ-CP dated March 6, 2006 of the Government amending and supplementing certain articles of Decree No. 57/2002/NĐ-CP dated June 3, 2002 of the Government detailing the implementation of the Ordinance on Fees and Charges;

Pursuant to Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 62/2003/NĐ-CP dated June 6, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

The Ministry of Finance and the Ministry of Justice jointly issue this circular to amend and supplement Circular Joint No. 03/2007/TTLT-BTC-BTP dated January 10, 2007 guiding the regime for collection, payment, management, and use of registration fees and information provision fees regarding secured transactions as follows:

1. Supplement Point d to Clause 3 Section I as follows:

"d) Registration and provision of information about secured transactions concerning assets seized for enforcement when the enforcement agency notifies the seizure of enforcement assets at the Center for Registration of Secured Transactions and Assets."

2. Amend Clause 2 Section III as follows:

"The registration fees and information provision fees regarding secured transactions prescribed in this Circular are revenue belonging to the state budget. The fee-collecting agencies shall manage and use the collected fees according to the following provisions:

a) The secured transaction registration agency specified in Point a Clause 4 Section I of this Circular may retain 80% (eighty percent) of the total amount of collected fees before remitting it to the state budget to cover the costs of performing the fee collection work and services according to the prescribed regulations.

b) The secured transaction registration agency specified in Point b Clause 4 Section I of this Circular may retain 50% (fifty percent) of the total amount of collected fees before remitting it to the state budget to cover the costs of performing the fee collection work and services according to the prescribed regulations.

c) The fee-collecting agency shall declare, pay, and settle the remaining amount of fees (20% for the fee-collecting agency specified in Point a Clause 4 Section I and 50% for the fee-collecting agency specified in Point b Clause 4 Section I) into the state budget according to the corresponding chapter, type, item, sub-item, and sub-sub-item of the current State Budget Classification.

d) For the secured transaction registration agency specified in Point c, Clause 4, Section I of this Circular: The People's Council of the province or centrally-administered city shall decide the percentage to be retained by the fee-collecting agency to cover the costs of fee collection work and services based on the actual situation of the locality. In cases where the revenue from registration fees and information provision fees regarding secured transactions is insufficient to cover the costs of performing the fee collection work and services according to the prescribed regulations or has not been regulated by the competent authority at the local level regarding the rate, collection, management, and use of registration fees and information provision fees regarding secured transactions, the local budget shall ensure the operational funds for the secured transaction registration agency in accordance with the Law on State Budget and the guiding documents for its implementation."

3. This Circular takes effect fifteen days after its publication in the Official Gazette. During the implementation process, if there are difficulties or obstacles, the relevant agencies, organizations, and individuals are requested to promptly report them to the Ministry of Finance and the Ministry of Justice for study and resolution./.