Circular No. 48/2022/TT-BTC on the level of fees, collection regime, payment, management, and use of fees for exploiting and using information in the National Population Database

CIRCULAR

Regulations on the level of collection, collection system, payment, management, and use of fees for exploiting and using information in the National Population Database

Pursuant to the Law on Fees and Charges dated November 25, 2015;

Pursuant to the Law on Identity Cards dated November 20, 2014;

Pursuant to the Law on Residence dated November 13, 2020;

Pursuant to the State Budget Law on June 25, 2015;

Pursuant to the Law on Tax Administration dated June 13, 2019;

Pursuant to Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government detailing and guiding the implementation of certain provisions of the Law on Fees and Charges;

Pursuant to Decree No. 137/2015/NĐ-CP dated December 31, 2015 of the Government detailing certain provisions and measures to implement the Law on Identity Cards; Decree No. 37/2021/NĐ-CP dated March 29, 2021 of the Government amending and supplementing certain provisions of Decree No. 137/2015/NĐ-CP;

Pursuant to Decree No. 126/2020/NĐ-CP dated October 19, 2020 of the Government detailing certain provisions of the Law on Tax Administration;

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

At the request of the Director of the Tax Policy Department;

The Minister of Finance promulgates this Circular regulating the level of collection, collection system, payment, management, and use of fees for exploiting and using information in the National Population Database.

Article 1. Scope of Regulation and Applicability

Article 1. This Circular regulates the level of collection, collection system, payment, management, and use of fees for exploiting and using information in the National Population Database.

2. This Circular applies to:

a) Agencies, organizations, and individuals requesting to exploit and use information in the National Population Database.

b) Agencies managing the National Population Database.

c) Other organizations and individuals related to the collection, payment, management, and use of fees for exploiting and using information in the National Population Database.

Article 2. Persons Paying Fees

1. The fee payer is an agency, organization, or individual falling under the provisions of Point c Clause 2 Article 10 of the Law on Identity Cards that requests to exploit and use information in the National Population Database and is provided with information from the National Population Database by the competent agency managing the National Population Database in accordance with the law.

2. The fee payer shall pay the fee upon receiving the result of the information from the agency managing the National Population Database.

Article 3. Fee Collection Organizations

Organizations collecting fees in accordance with this Circular include: The Department of Administrative Police (Ministry of Public Security), Provincial Public Security Departments' Administrative Police Divisions, County Public Security Departments, and Commune Public Security Departments.

Article 4. Fee Rates

Article 2. Level of fees for verifying citizen information and exploiting information results

a) From September 17, 2022 to December 31, 2023, apply a collection rate equal to 50% of the fee prescribed in Section I of the Appendix on fees for exploiting and using information in the National Population Database issued together with this Circular.

b) From January 1, 2024 onwards, apply the collection rate according to the fee prescribed in Section I of the Appendix on fees for exploiting and using information in the National Population Database issued together with this Circular.

2. Level of fees for exploiting statistical results; level of fees for exploiting statistical analysis results; level of fees for exploiting statistical analysis and forecasting results: Apply the collection rate according to the fee prescribed in the Appendix on fees for exploiting and using information in the National Population Database issued together with this Circular.

Article 5. Declaration and Payment of Fees

1. Not later than the fifth day of each month, the fee collection organization must transfer the amount of fees collected in the previous month to the account for pending budget payments opened at the State Treasury.

2. Organizations collecting fees shall declare and pay fees monthly and settle accounts annually in accordance with the Law on Tax Administration and Decree No. 126/2020/NĐ-CP dated October 19, 2020 of the Government detailing certain provisions of the Law on Tax Administration.

Article 6. Management and Use of Fees

Organizations collecting fees may retain 30% of the collected fees to cover expenses for the contents specified in Article 5 of Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government detailing and guiding the implementation of certain provisions of the Law on Fees and Charges, and remit 70% of the collected fees into the State budget (central budget) according to the chapter and sub-item of the current State budget classification.

Article 7. Implementation Organization

Article 3. This Circular takes effect from September 17, 2022.

2. Matters related to collection, payment, management, use, receipt vouchers, and publicizing the fee collection system not specified in this Circular shall be implemented in accordance with the Law on Fees and Charges, Decree No. 120/2016/NĐ-CP, the Law on Tax Administration, Decree No. 126/2020/NĐ-CP, Decree No. 11/2020/NĐ-CP dated January 20, 2020 of the Government on administrative procedures within the domain of the State Treasury, Decree No. 123/2020/NĐ-CP dated October 19, 2020 of the Government on invoices and receipts, and Circular No. 78/2021/TT-BTC dated September 17, 2021 of the Minister of Finance guiding the implementation of certain provisions of the Law on Tax Administration dated June 13, 2019, and Decree No. 123/2020/NĐ-CP dated October 19, 2020 of the Government on invoices and receipts.

3. In cases where legal normative documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new amended, supplemented, or replaced documents.

4. During the implementation process, if there are any difficulties, organizations and individuals are requested to promptly reflect them to the Ministry of Finance for research and supplementary guidance.

APPENDIX ON FEES FOR EXPLOITING AND USING INFORMATION IN THE NATIONAL POPULATION DATABASE
(Issued together with Circular No. 48/2022/TT-BTC dated August 3, 2022 of the Minister of Finance)

I. Level of fees for verifying citizen information and exploiting information results

II. Level of fees for exploiting statistical results (M_SPDC06)

III. The fee for exploiting statistical results and analysis (M_SPDC07)

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…_SPDC07 = M_SPDC06 x 115%

Where:

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…_SPDC06 is the fee for exploiting one Statistical Result Report according to the calculation formula specified in Section II of this Appendix.

IV. The fee for exploiting statistical results, analysis, and forecasting (M_SPDC08)

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…_SPDC08 = M_SPDC06 x 120%

Where:

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…_SPDC06 is the fee for exploiting one Statistical Result Report according to the calculation formula specified in Section II of this Appendix.

Note:

1. A data field is information about a citizen collected and updated into the National Population Database.

Information about citizens collected and updated into the National Population Database includes eighteen basic pieces of information (eighteen data fields) as stipulated in Clause 1 of Article 37 of the Law on Residence dated November 13, 2020.

2. Products from exploiting and using information in the National Population Database (products SPDC01, SPDC02, SPDC03, SPDC04, SPDC05, SPDC06, SPDC07, and SPDC08) are defined in Circular No. 08/2022/TT-BCA dated January 27, 2022 issued by the Minister of Public Security regarding the list of products from exploiting and using information in the National Population Database.

3. The fees specified in Item I above do not include costs for transferring results from the management agency of the National Population Database to the payer./.