Joint Circular No. 36/2008/TTLT-BTC-BTP amends and supplements Joint Circular No. 03/2007/TTLT-BTC-BTP on the regime of collection, payment, management, and use of registration fees and information provision fees for secured transactions. This document specifies in detail the method of retaining and paying fees and charges to the state budget as well as the responsibilities of relevant agencies.
Key points
- The secured transaction registration agency retains eighty percent (80%) or fifty percent (50%) of the total amount of fees and charges collected to cover costs for performing fee and charge collection work and services.
- The fee collection agency is responsible for declaring, paying, and settling the remaining amount of fees and charges into the state budget according to regulations.
- The People's Council of provinces and centrally governed cities decides on the percentage rate of retention for the fee and charge collection agency suitable to the local situation.
- If the revenue from registration fees and information provision fees for secured transactions is insufficient to cover costs or has not been specified regarding the level of collection, payment, management, and use of fees, the local budget will ensure operating funds for the secured transaction registration agency.
- This Circular takes effect fifteen days after its publication in the Official Gazette.
🌐 Social impact of this document
- Positive impact: Reduces costs for secured transaction registration agencies, helping them cover operational expenses.
- Negative impact: May cause difficulties in managing and using revenue from registration fees effectively if there are no specific regulations on the level of collection.
❓ Frequently asked questions
Which agency is entitled to retain fees and charges?
The secured transaction registration agency retains eighty percent (80%) or fifty percent (50%) of the total amount of fees and charges collected to cover costs for performing fee and charge collection work and services.
Which agency is responsible for declaring and paying the remaining fees and charges?
The fee collection agency is responsible for declaring, paying, and settling the remaining amount of fees and charges into the state budget according to regulations.
What authority does the People's Council of provinces and centrally governed cities have in deciding the percentage of retention?
The People's Council of provinces and centrally governed cities decides on the percentage rate of retention for the fee and charge collection agency suitable to the local situation.
Who ensures operating funds if revenue from fees is insufficient to cover costs?
If the revenue from registration fees and information provision fees for secured transactions is insufficient to cover costs or has not been specified regarding the level of collection, payment, management, and use of fees, the local budget will ensure operating funds for the secured transaction registration agency.
When does this Circular take effect?
This Circular takes effect fifteen days after its publication in the Official Gazette.
Full text
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
đăng ký và phí cung cấp thông tin về giao dịch bảo đảm
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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./.
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