Ordinance No. 38/2001/PL-UBTVQH10 on Fees and Charges stipulates the authority to issue, collect, manage, and use fees and charges by state agencies, economic organizations, people's armed forces units, other organizations, and individuals. This Ordinance does not regulate social insurance fees, health insurance fees, and other types of insurance fees.
适用范围
State agencies, economic organizations, people's armed forces units, other organizations, and individuals (organizations and individuals).
要点
- Organizations and individuals entitled to collect fees and charges include: State tax agencies; Other state agencies, economic organizations, public service units, people's armed forces units, other organizations, and individuals providing services or performing tasks that are allowed to collect fees and charges under the law.
- A fee is a sum of money payable for services provided by another organization or individual according to the Fee List attached to this Ordinance.
- A charge is a sum of money paid when receiving services from state agencies or organizations authorized to perform state management tasks according to the Charge List attached to this Ordinance.
- This Ordinance does not regulate social insurance fees, health insurance fees, and other types of insurance fees.
- The Government has the authority to detail the Fee and Charge Lists issued by the Standing Committee of the National Assembly; to set specific collection rates; and to manage and use fees and charges.
🌐 本文件的社会影响
- Positive impact: Unified state management of fees and charges enhances the effectiveness of public service provision.
- Negative impact: It may cause difficulties for businesses in complying with numerous regulations on fees and charges.
❓ 常见问题
Who are fees and charges collected from?
Fees are collected from organizations and individuals using services listed in the Fee List; charges are collected from organizations and individuals performing state management tasks listed in the Charge List.
Are there provisions regarding the collection rates for fees and charges?
Article 4 stipulates that this Ordinance does not regulate social insurance fees, health insurance fees, and other types of insurance fees. Articles 8, 9, 10, 17, 18, 19, and 20 stipulate the authority to issue, determine collection rates, manage, and use fees and charges.
Are there provisions for waiving or reducing fees and charges?
Article 21 stipulates that the Government has the authority to prescribe the waiver or reduction of fees and charges in necessary cases.
Are fees collected from state-invested services funded by the state budget?
Article 17.1.a and b stipulate that fees collected from state-invested services are revenues belonging to the state budget, managed and used as follows: the collecting entity must deposit the entire amount of fees collected into the state budget or retain a portion to cover the costs of collecting the fees.
Do fees not included in the state budget have to be taxed?
Article 25 stipulates that fees not included in the state budget collected by organizations and individuals pursuant to Article 18 of this Ordinance must be subject to taxation as prescribed by law.
全文
ORDINANCE
Fees and Charges
To unify state management over fees and charges, contributing to promoting economic and social development;
Based on the Constitution of the Socialist Republic of Vietnam in 1992;
Based on the Resolution of the tenth session of the National Assembly's eighth meeting on the legislative program for 2001;
This Ordinance stipulates on fees and charges.
PART I
GENERAL PROVISIONS
Article 1. This Ordinance stipulates the authority to promulgate and the collection, payment, management, and use of fees and charges by state agencies, economic organizations, people's armed forces units, other organizations, and individuals (hereinafter referred to collectively as organizations and individuals) in accordance with the provisions of the law.
Article 2. A fee is an amount of money that organizations and individuals must pay when another organization or individual provides a service listed in the Fee List attached to this Ordinance.
Article 3. A charge is an amount of money that organizations and individuals must pay when a state agency or an organization authorized to serve administrative tasks listed in the Charge List attached to this Ordinance.
Article 4. This Ordinance does not regulate social insurance fees, health insurance fees, and other types of insurance fees.
Article 5. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different regulations on fees and charges from those stipulated in this Ordinance, the provisions of such international treaties shall apply.
Article 6. Organizations and individuals entitled to collect fees and charges include:
1. State tax agencies;
2. Other state agencies, economic organizations, public service units, people's armed forces units, other organizations, and individuals providing services or performing tasks specified by law as being eligible to collect fees and charges.
Article 7. It is strictly prohibited for any organization or individual to arbitrarily establish types of fees and charges; modify fee and charge rates already prescribed by competent authorities; or collect fees and charges contrary to the provisions of the law.
Chapter II
AUTHORITY TO REGULATE FEES AND CHARGES
Article 8. The Standing Committee of the National Assembly shall issue the Fee and Charge List accompanying this Ordinance.
Article 9. The Government has the authority:
1. To detail the Fee and Charge List issued by the Standing Committee of the National Assembly;
2. To detail the principles for determining fee and charge rates;
3. To determine the rate of collection, payment, management, and use for important fees and charges implemented nationwide; delegate or decentralize the authority to determine the rate of collection, payment, management, and use for other fees and charges;
4. To submit to the Standing Committee of the National Assembly for amending and supplementing the Fee and Charge List.
Article 10. The Ministry of Finance has the authority:
1. To draft regulatory legal documents on fees and charges to be submitted to the Government or promulgated within its jurisdiction;
2. Based on detailed regulations of the Government, to set specific collection rates for each type of fee and charge; guide the determination of fee and charge rates for agencies delegated the authority to set collection rates;
3. To prescribe the system of collection, payment, management, and use for fees and charges within its jurisdiction;
4. To guide the implementation of the system of collection, payment, management, and use of collected fees and charges.
Article 11. Provincial People's Councils and municipal People's Councils directly under the central government decide on the collection of fees and charges delegated by the same-level People's Committees according to the guidelines of the Ministry of Finance.
Chapter III
PRINCIPLES FOR DETERMINING COLLECTION RATES AND SYSTEMS OF COLLECTION, PAYMENT,
AMOUNTS OF COLLECTION, SYSTEM OF COLLECTION, PAYMENT, MANAGEMENT AND USE OF FEES AND CHARGES
Article 12. Determination of fee collection rates is based on the following principles:
1. Collection rates for services invested in by the state must ensure recovery of capital within a reasonable period, taking into account state policies during each period;
2. Collection rates for services invested in by organizations and individuals must ensure recovery of capital within a reasonable period, commensurate with the contribution capacity of the payer.
Article 13. Charge collection rates are predetermined for each task, not aimed at offsetting costs, consistent with international practices; specifically, the collection rate for preliminary registration charges is calculated as a percentage of the value of the property subject to preliminary registration.
Article 14.
1. Fees and charges collected in Vietnam are in Vietnamese dong, except where the law permits their collection in foreign currency.
2. Fees and charges collected abroad are in the local currency or freely convertible foreign currency.
Article 15. Organizations and individuals collecting fees and charges must issue and provide collection receipts to the payers in accordance with the regulations of the Ministry of Finance.
If no receipt is issued or if the receipt is not issued in accordance with the regulations, the payer has the right to request the organization or individual collecting fees and charges to issue a collection receipt or lodge a complaint or report to the competent state authority.
Article 16. Organizations and individuals collecting fees and charges must post or publicly announce at the collection location the name of the fee or charge, the collection rate, the method of collection, and the authority prescribing the collection.
Article 17.
1. Fees collected from services invested in by the state are revenue belonging to the state budget, managed and used as follows:
a) In cases where the collecting organization has been guaranteed funding by the state budget for fee collection activities according to annual budgets, the collecting organization must remit all collected fees into the state budget;
b) In cases where the collecting organization has not been guaranteed funding by the state budget for fee collection activities, the collecting organization may retain a portion of the collected fees to cover the costs of fee collection, and the remainder must be remitted into the state budget;
c) In cases where the collecting organization is authorized to collect fees outside its regular functions and responsibilities, the collecting organization may retain a portion of the collected fees to cover the costs of fee collection, and the remainder must be remitted into the state budget.
2. The Government shall specify the portion of fees retained and the management and use of the retained portion as provided in points b and c of Clause 1 of this Article.
Article 18. Fees collected from services not invested in by the state or from services invested in by the state but transferred to organizations or individuals for implementation on a cost-accounting basis are revenue not belonging to the state budget. Collecting organizations and individuals have the right to manage and use the collected fees in accordance with the law.
Article 19.
1. All collected charges belong to the state budget. Collecting organizations must remit the full amount of collected charges promptly into the state budget. In cases of delegation, the organization authorized to collect charges may retain a portion of the collected charges to cover the costs of charge collection, and the remainder must be remitted into the state budget.
2. The Government shall specify the portion of charges retained and the management and use of the retained portion as provided in Clause 1 of this Article.
Article 20. Fees and charges paid into the state budget shall be allocated among different levels of the budget and managed and used in accordance with the provisions of the State Budget Law.
Article 21. The Government shall prescribe the exemption and reduction of fees and charges in necessary cases.
Chapter IV
FINANCE AND ACCOUNTING
Article 22. Organizations and individuals collecting fees and charges must maintain accounting records; periodically report on the settlement of collection, payment, and use of fees and charges; and implement financial transparency in accordance with the law.
Article 23. Organizations and individuals collecting various types of fees and charges must account for each type separately.
Article 24. Fees and charges belonging to the state budget are exempt from tax.
Article 25. Fees not belonging to the state budget collected by organizations and individuals pursuant to Article 18 of this Ordinance must be subject to taxation as prescribed by law.
Chapter V
RESPONSIBILITIES OF STATE AGENCIES
ON THE MANAGEMENT OF FEES AND CHARGES
Article 26.
1. The Government shall uniformly manage the state's affairs concerning fees and charges.
2. The Ministry of Finance shall assist the Government in uniformly managing the state's affairs concerning fees and charges.
Within its assigned tasks and powers, the Ministry of Finance shall have the responsibility to:
a) Implement the Ordinance on Fees and Charges;
b) Monitor and inspect the activities of fee and charge collection, management, and use;
c) Conduct financial inspections within its authority against organizations and individuals collecting fees and charges;
d) Examine and resolve complaints and denunciations and handle violations of laws related to fees and charges;
e) Revoke or suspend the implementation of certain fees and charges within its authority.
Article 27. Ministries, agencies at the level of ministries, and government agencies shall have the responsibility to:
1. Coordinate with the Ministry of Finance in directing, guiding, and implementing the Ordinance on Fees and Charges within their respective sectors and fields;
2. Coordinate with the Ministry of Finance to inspect and monitor the implementation of fee and charge collection, payment, management, and use within their respective sectors and fields;
3. Report on the implementation of fee and charge collection, payment, management, and use within their respective sectors and fields in accordance with the law;
4. Propose to the Government about activities that require the imposition of fees and charges; and make recommendations to the Government or the Ministry of Finance regarding the rates for each type of fee and charge.
Article 28. Within their assigned tasks and powers, People's Committees at all levels shall manage the state's affairs concerning fees and charges locally and shall have the responsibility to:
1. Implement and report on the local situation of fee and charge collection to competent state authorities and the People's Councils at the same level;
2. Conduct inspections and checks on compliance with laws related to fees and charges within their local jurisdictions;
3. Handle or propose competent state authorities to handle violations of laws related to fees and charges.
Chapter VI
SETTLEMENT OF COMPLAINTS AND REPORTS
Article 29. Organizations have the right to file complaints, and individuals have the right to file complaints or denunciations with competent state authorities regarding violations of laws related to fees and charges.
Article 30.
1. Organizations and individuals paying fees and charges who disagree with decisions on fee and charge collection may submit a complaint to the organization or individual collecting the fees and charges within thirty days from the date of payment. During the time awaiting resolution of the complaint, the complainant must comply with the decision on fee and charge collection.
2. Within fifteen days from the date of receipt of the complaint, the organization or individual collecting fees and charges must resolve and respond in writing to the complainant; if the matter does not fall within their jurisdiction to resolve, they must transfer the complaint or report it to the competent authority for resolution and inform the complainant within ten days from the date of receipt of the complaint.
3. In cases where the deadline set forth in Clause 2 of this Article has been exceeded without resolution of the complaint or if the complainant disagrees with the decision resolving the complaint, they have the right to continue filing a complaint with a competent state authority as prescribed by the Government or to initiate legal proceedings in court.
Article 31. The decision of the Minister of Finance resolving a complaint about fees and charges is the final decision.
Chapter VII
REWARD AND VIOLATION HANDLING
Article 32. Organizations and individuals who achieve outstanding results in implementing the Ordinance on Fees and Charges shall be rewarded in accordance with the law.
Article 33. Organizations and individuals who fail to pay or pay insufficient amounts of fees and charges shall not receive services or be subject to legal action as prescribed by law.
Article 34.
1. Any person who fails to comply with regulations on the issuance, implementation, management, and use of fees and charges shall be administratively sanctioned or criminally prosecuted depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.
2. Organizations and individuals collecting fees and charges contrary to the law on fees and charges shall be handled according to the law; the improperly collected funds must be returned to the payer of the fees and charges; if the payer cannot be identified, the improperly collected funds must be remitted to the state budget.
Chapter VIII
IMPLEMENTING PROVISIONS
Article 35. This Ordinance shall take effect from January 1, 2002.
Previous regulations contrary to this Ordinance are abolished.
Article 36. The Government shall provide detailed regulations and guidance for the implementation of this Ordinance./.
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