Circular No. 42/2013/TT-BTC stipulates the level of collection, collection system, payment, and management of fees in the field of commercial arbitration activities. This Circular applies to organizations requesting issuance, reissuance, or change of content of establishment licenses or registration for operation of Arbitration Centers, Branches of Arbitration Centers, Foreign Arbitration Organizations in Vietnam, and Representative Offices of Foreign Arbitration Organizations. The fee levels are detailed in this Circular.
Đối tượng áp dụng
Arbitration Centers, Branches of Arbitration Centers, Foreign Arbitration Organizations in Vietnam, and Representative Offices of Foreign Arbitration Organizations in Vietnam.
Các điểm cốt lõi
- Arbitration Center → issuance of Establishment License: 3,000,000 VND/per time; change of content of Establishment License: 1,000,000 VND/per time; reissue of Establishment License: 500,000 VND/per time.
- Arbitration Center → issuance of Operation Registration Certificate: 1,500,000 VND/per time; change of content of Operation Registration Certificate: 1,000,000 VND/per time; reissue of Operation Registration Certificate: 500,000 VND/per time.
- Branches of Foreign Arbitration Organizations in Vietnam → issuance of Establishment License: 6,500,000 VND/per time; change of content of Establishment License: 2,000,000 VND/per time; reissue of Establishment License: 500,000 VND/per time.
- Representative Office of Foreign Arbitration Organizations in Vietnam → issuance of Establishment License: 2,000,000 VND/per time; change of content of Establishment License: 1,000,000 VND/per time; reissue of Establishment License: 500,000 VND/per time.
- Collected fees will be paid into the state budget.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Helps ensure resources for the management and supervision activities of state agencies, enhancing administrative management efficiency.
- Negative impact: May impose a financial burden on organizations requesting issuance, reissuance of licenses, or changes to license content.
❓ Câu hỏi thường gặp
What is the fee for issuing an Establishment License for an Arbitration Center?
The fee for issuing an Establishment License for an Arbitration Center is 3,000,000 VND/per time.
How much does an Arbitration Center have to pay when changing the content of its establishment license?
An Arbitration Center must pay 1,000,000 VND/per time when changing the content of its establishment license.
Is there a fee for reissuing an Establishment License for an Arbitration Center?
Yes, reissuing an Establishment License for an Arbitration Center costs 500,000 VND/per time.
What is the fee for issuing an Establishment License for a Representative Office of a Foreign Arbitration Organization in Vietnam?
The fee for issuing an Establishment License for a Representative Office of a Foreign Arbitration Organization in Vietnam is 2,000,000 VND/per time.
How will the collected fees be used?
Collected fees will be paid into the state budget and used to cover expenses for licensing and fee collection activities in the field of commercial arbitration, which are guaranteed by the state budget.
Toàn văn
CIRCULAR
Regulations on the level of collection, collection system, payment, and management of fees in the field of commercial arbitration activities
activities of commercial arbitration
____________________
Pursuant to Decree No. 38/2001/PL-UBTVQH dated August 28, 2001 on Fees and Charges;
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 amending and supplementing certain articles of Decree No. 57/2002/NĐ-CP dated June 3, 2002;
Pursuant to Decree No. 63/2011/NĐ-CP dated July 28, 2011 of the Government detailing and guiding the implementation of some provisions of the Law on Commercial Arbitration;
Pursuant to the Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
Considering the proposal of the Director of the Tax Policy Department,
The Minister of Finance promulgates this Circular regulating the level of collection, collection system, payment, and management of fees in the field of commercial arbitration activities.
Article 1. Persons Paying Fees
Persons paying fees as prescribed in this Circular include:
1. Organizations proposing issuance, reissuance, or change of content of the License for Establishment, Registration Certificate for Operation of the Arbitration Center, or Registration Certificate for Operation of the Branch of the Arbitration Center.
2. Foreign arbitration organizations proposing issuance, reissuance, or change of content of the License for Establishment, Registration Certificate for Operation of Branch, or License for Establishment of Representative Office of the Foreign Arbitration Organization in Vietnam.
Article 2. Level of fee collection
The level of fee collection in the field of arbitration activities is regulated as follows:
|
Serial number |
Content |
Rate of Collection (VND/per instance) |
|
1 |
Fees for Arbitration Centers: |
|
|
- Issuing the License for Establishment |
3.000.000 |
|
|
- Changing the content of the License for Establishment |
1.000.000 |
|
|
- Reissuing the License for Establishment |
500.000 |
|
|
- Issuing the Registration Certificate for Operation |
1.500.000 |
|
|
- Changing the content of the Registration Certificate for Operation |
1.000.000 |
|
|
- Reissuing the Registration Certificate for Operation |
500.000 |
|
|
2 |
Fees for Branches of Arbitration Centers: |
|
|
- Issuing the Registration Certificate for Operation |
1.500.000 |
|
|
- Changing the content of the Registration Certificate for Operation |
1.000.000 |
|
|
- Reissuing the Registration Certificate for Operation |
500.000 |
|
|
3 |
Fees for Branches of Foreign Arbitration Organizations in Vietnam: |
|
|
- Issuing the License for Establishment |
6.500.000 |
|
|
- Changing the content of the License for Establishment |
2.000.000 |
|
|
- Reissuing the License for Establishment |
500.000 |
|
|
- Issuing the Registration Certificate for Operation |
1.500.000 |
|
|
- Changing the content of the Registration Certificate for Operation |
1.000.000 | |
|
- Reissuing the Registration Certificate for Operation |
500.000 | |
|
4 |
Fees for Representative Offices of Foreign Arbitration Organizations in Vietnam: |
|
|
- Issuing the License for Establishment |
2.000.000 |
|
|
- Changing the content of the License for Establishment |
1.000.000 |
|
|
- Reissuing the License for Establishment |
500.000 |
|
Article 3. Collection, Payment, and Management of Fees
1. The Ministry of Justice shall issue, reissue the License for Establishment of Arbitration Centers; the License for Establishment of Branches and Representative Offices of Foreign Arbitration Organizations in Vietnam; change the content of the License for Establishment of Arbitration Centers; Branches and Representative Offices of Foreign Arbitration Organizations in Vietnam, and collect fees.
2. Provincial Departments of Justice shall issue, reissue, and change the content of the Registration Certificate for Operation of Arbitration Centers; reissue and change the content of Branches of Foreign Arbitration Organizations in Vietnam; register the operation of Branches of Arbitration Centers and collect fees.
3. The fee collection agency shall remit the entire amount of collected fees into the state budget according to the current State Budget Classification. The operating expenses for issuing licenses and collecting fees in the field of commercial arbitration of agencies and organizations at any level shall be guaranteed by the state budget of that level and included in the annual regular budget estimate of those agencies and organizations.
4. Other contents related to collection, payment, management, use, and public disclosure of the fee collection system for licensing commercial arbitration activities not specified in this Circular shall be implemented in accordance with Circular No. 63/2002/TT-BTC dated July 24, 2002 of the Ministry of Finance guiding the implementation of legal regulations on fees and charges, Circular No. 45/2006/TT-BTC dated May 25, 2006 amending and supplementing Circular No. 63/2002/TT-BTC dated July 24, 2002, Circular No. 153/2012/TT-BTC dated September 17, 2012 of the Ministry of Finance guiding the printing, issuance, management, and use of various types of receipts for fees and charges under the state budget, and Circular No. 28/2011/TT-BTC dated February 28, 2011 of the Ministry of Finance guiding the implementation of some provisions of the Law on Tax Administration, guiding the implementation of Decree No. 85/2007/NĐ-CP dated May 25, 2007 and Decree No. 106/2010/NĐ-CP dated October 28, 2010 of the Government and any subsequent amendments and supplements (if any).
Article 4. Organization of Implementation
1. This Circular takes effect from June 1, 2013. This Circular abolishes Circular No. 01/2005/TT-BTC dated January 4, 2005 of the Ministry of Finance guiding the system of collection, payment, management, and use of fees for licensing, changing the content of licenses, registering operations of Arbitration Centers, registering operations of Branches of Arbitration Centers, and court fees related to arbitration.
2. During the implementation process, if there are any difficulties, it is requested that agencies, organizations, and individuals promptly report them to the Ministry of Finance for research and guidance./.
DEPUTY MINISTER
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