Circular No. 46/2018/TT-BTC details actual costs for printing, copying, photographing, and sending information as stipulated in Clause 2, Article 12 of the Law on Access to Information.

CIRCULAR
Detailed regulations on actual costs for printing, copying, photographing, and sending information
as stipulated in Clause 2, Article 12 of the Law on Access to Information

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Pursuant to the State Budget Law dated June 25, 2015 and guiding documents therefor;

Pursuant to the Law on Access to Information dated April 6, 2016;

Pursuant to Decree No. 13/2018/NĐ-CP dated January 23, 2018 of the Government detailing and providing implementation measures for the Law on Access to Information;

Pursuant to Decree No. 87/2017/NĐ-CP dated July 26, 2017 of the Government detailing functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Director of the Legal Department;

The Minister of Finance hereby promulgates this Circular detailing actual costs for printing, copying, photographing, and sending information as stipulated in Clause 2, Article 12 of the Law on Access to Information.

Article 1. Scope of Regulation

This Circular details actual costs for printing, copying, photographing, and sending information as stipulated in Clause 2, Article 12 of the Law on Access to Information.

Article 2. Applicability

1. Organizations and individuals requesting state agencies to provide information.

2. State agencies, lead units providing information, and staff members responsible for providing information at state agencies.

3. Other organizations and individuals related to the provision of information.

Article 3. Costs of Providing Information

1. Organizations and individuals requesting state agencies to provide information (hereinafter referred to as the information requestor) shall not pay fees or charges for providing information but must pay actual costs for printing, copying, photographing, and sending requested information, specifically:

1.1. Costs for printing, copying, and photographing information:

a) Costs for printing, copying, and photographing information shall be implemented according to the rates prescribed in the appendix attached hereto.

b) For state agencies providing information located in areas with difficult socio-economic conditions or extremely difficult socio-economic conditions, the rates shall be as follows:

- In areas with difficult socio-economic conditions, the rate shall be 70% of the rates prescribed in the appendix attached hereto.

- In areas with extremely difficult socio-economic conditions, the rate shall be 50% of the rates prescribed in the appendix attached hereto.

Areas with difficult socio-economic conditions and extremely difficult socio-economic conditions shall be determined according to the provisions in Appendix II issued together with Decree No. 118/2015/NĐ-CP dated November 12, 2015 of the Government detailing and guiding the implementation of certain articles of the Investment Law.

1.2. Costs for sending requested information: The rates for these costs shall be implemented according to the maximum postage rates prescribed in Article 3 and the appendix attached to Circular No. 22/2017/TT-BTTTT dated September 29, 2017 of the Ministry of Information and Communications regarding maximum postage rates and policies for reducing or exempting postage for services of submitting and delivering administrative procedures through public postal services.

2. The information requestor shall not pay costs for sending requested information via electronic networks or fax.

Article 4. Collection and Payment of Costs for Printing, Copying, Photographing, and Sending Information

1. Forms and procedures for collecting and paying costs for printing, copying, photographing, and sending information shall be carried out according to the procedures for collecting state budget revenues prescribed in Circular No. 328/2016/TT-BTC dated December 26, 2016 of the Ministry of Finance guiding the collection and management of state budget revenues through the State Treasury. This Circular provides detailed guidance on the following matters:

a) Based on the Request Form for Provision of Information (Form Ola or Form Olb issued together with Decree No. 13/2018/NĐ-CP dated January 23, 2018 of the Government detailing and providing implementation measures for the Law on Access to Information) established by the information requestor and the rates for costs for printing, copying, photographing, and sending information prescribed in this Circular, the staff member responsible for providing information shall calculate and determine the costs for providing information, the deadline for payment of such costs; specify in detail the information about the revenue management agency (tax authority) and the State Treasury agency receiving the revenue to record in the Payment Method section (including: Name of Revenue Management Agency: ... / Name of State Treasury Agency Receiving Revenue: ...) to submit for approval by the head of the lead unit providing information and record in the Resolution Form for Request for Provision of Information (Form 03 issued together with Decree No. 13/2018/NĐ-CP dated January 23, 2018 of the Government detailing and providing implementation measures for the Law on Access to Information).

b) The information requestor shall be responsible for fully paying the costs for providing information according to the Resolution Form for Request for Provision of Information (Form 03 issued together with Decree No. 13/2018/NĐ-CP dated January 23, 2018 of the Government detailing and providing implementation measures for the Law on Access to Information) provided by the lead unit providing information of the state agency before receiving the information from the state agency.

2. Revenue from costs for printing, copying, photographing, and sending information shall be recorded under the Chapter of the state agency providing information, item 4900 - other revenues, and sub-item 4949 - other revenues as prescribed in Circular No. 324/2016/TT-BTC dated December 21, 2016 of the Ministry of Finance regarding the system of the state budget classification.

Article 5. Establishing the budget estimate and finalizing the state budget funds for printing, copying, photographing, and sending information

The funds for printing, copying, photographing, and sending information as prescribed in this Circular shall be guaranteed by the state budget and allocated within the state management expenditure sector (within the regular expenditure allocation quota for the state management sector). The establishment of the budget estimate, usage, settlement, and finalization shall comply with the provisions of the State Budget Law and guiding documents thereof.

Article 6. Implementation Provisions

1. This Circular takes effect from July 1, 2018.

2. In cases where the regulatory legal documents cited in this Circular are amended, supplemented, or replaced by other regulatory legal documents, the provisions of the amending, supplementing, or replacing documents shall apply.

3. During implementation, if any difficulties arise, they are requested to be reported to the Ministry of Finance for study, amendment, and supplementation to ensure appropriateness./.