Circular No. 61/2023/TT-BTC stipulates the level of collection, the system of collection, submission, management, and use of fees in the field of registration of secured transactions.

CIRCULAR

Regulations on the level of collection, collection regime, submission, management, and use of fees for reviewing and approving fire prevention and firefighting design

fees in the field of registration of secured transactions

_________

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

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

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

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

Pursuant to Decree No. 126/2020/NĐ-CP dated October 19, 2020 of the Government detailing certain provisions of the Law on Tax Administration; Decree No. 91/2022/NĐ-CP dated October 30, 2022 of the Government amending and supplementing certain provisions of 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. 99/2022/NĐ-CP dated November 30, 2022 of the Government on registration of security measures;

Pursuant to Decree No. 14/2023/NĐ-CP dated April 20, 2023, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Director of the Department of Tax Policy,

The Minister of Finance issues this Circular stipulating the levels of collection, collection procedures, payment, management, and use of fees in the field of registration of secured transactions.

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the levels of collection, collection procedures, payment, management, and use of fees in the field of registration of secured transactions (registration of security measures) for movable assets (excluding securities registered centrally at Vietnam Securities Depository Corporation, aircraft), ships, annual crops as prescribed in the Law on Crop Cultivation, temporary works as prescribed in the Law on Construction, including:

a) Registration fee for secured transactions.

b) Fee for providing information on secured transactions.

c) Fee for issuing a code number for using the database on secured transactions.

2. This Circular applies to: persons paying fees; organizations collecting fees; other organizations and individuals related to the collection, payment, management, and use of fees in the field of registration of secured transactions as prescribed in Clause 1 of Article 1 hereof.

3. This Circular does not apply to the following cases:

a) Individuals and households registering security measures for borrowing from credit institutions as prescribed in Clause 4 of Article 1 of Decree No. 116/2018/NĐ-CP dated September 7, 2018 of the Government amending and supplementing certain provisions of Decree No. 55/2015/NĐ-CP dated June 9, 2015 of the Government on credit policies serving agricultural and rural development, with registration files complying with the provisions of Clause 3 of Article 9 of Decree No. 99/2022/NĐ-CP dated November 30, 2022 of the Government on registration of security measures.

b) Civil Enforcement Agencies, Enforcement Officers, competent authorities, and authorized persons as prescribed in Clause 3 of Article 8 of Decree No. 99/2022/NĐ-CP requesting cancellation of registration or reduction of some assets securing to cancel registration of such assets.

c) Correction of erroneous information in the content already registered due to errors of the registration authority as prescribed in Article 19 of Decree No. 99/2022/NĐ-CP.

d) Cancellation of registration as prescribed in Clauses 2 and 3 of Article 20 of Decree No. 99/2022/NĐ-CP.

đ) Revocation of registration for cases prescribed in Article 21 of Decree No. 99/2022/NĐ-CP.

e) Provision of information on security measures or issuance of a code number for using the database for competent authorities and authorized persons as prescribed in Article 52 of Decree No. 99/2022/NĐ-CP.

Article 2. Persons Paying Fees

Persons paying fees in the field of registration of secured transactions are agencies, organizations, and individuals when provided services and charged fees as prescribed in Clause 1 of Article 1 of this Circular by the competent state authorities as prescribed in Article 3 of this Circular.

Article 3. Fee Collection Organizations

1. The Vietnam Maritime Administration under the Ministry of Transport or local maritime administration offices, port maritime supervision offices according to the classification of the Vietnam Maritime Administration collect registration fees for secured transactions, fees for providing information on secured transactions involving ships, and other assets as prescribed by laws on maritime affairs and laws on registration of security measures.

2. The Transaction Registration Center of the National Register of Secured Transactions under the Ministry of Justice collects registration fees for secured transactions, fees for providing information on secured transactions involving movable assets (excluding securities registered centrally at Vietnam Securities Depository Corporation, aircraft, ships), annual crops as prescribed in the Law on Crop Cultivation, and temporary works as prescribed in the Law on Construction.

3. The National Register of Secured Transactions collects fees for issuing a code number for using the database on secured transactions at the National Register of Secured Transactions.

4. Competent authorities issuing a code number for using the database to search for information on security measures involving ships as prescribed by laws on maritime affairs collect fees for issuing a code number for using the database on secured transactions involving ships.

Article 4. Fee Rates

Levels of collection of fees in the field of registration of secured transactions shall be implemented in accordance with the Fee Collection Schedule attached to this Circular.

Article 5. Declaration and Payment of Fees

1. Persons paying fees shall pay the fees when submitting registration applications, and pay the fees to the collecting organization as prescribed in Circular No. 74/2022/TT-BTC dated December 22, 2022 of the Minister of Finance on forms, deadlines for collection, payment, declaration of fees and charges within the jurisdiction of the Ministry of Finance.

In case persons paying fees have been issued an online registration account and frequently use it to submit registration applications as prescribed in Clause 1 of Article 13 of Decree No. 99/2022/NĐ-CP, they may choose to pay monthly or per submission; in case of monthly payment, no later than the 4th day of each month, persons paying fees must pay the total amount of fees incurred in the previous month to the collecting organization.

No later than the 5th day of each month, the collecting organization must transfer the collected fees of the previous month into the fee account awaiting deposit into the state budget opened at the State Treasury.

3. The collecting organization shall declare, collect, pay, and settle the collected fees as prescribed in Circular No. 74/2022/TT-BTC.

Article 6. Management and Use of Fees

1. The collecting organization as prescribed in Clause 2 of Article 3 of this Circular manages and uses the collected fees as follows:

a) Retain 85% of the collected fees to cover costs for providing services and collecting fees as prescribed in Article 5 of Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government detailing and guiding implementation of certain provisions of the Law on Fees and Charges (including costs for the National Register of Secured Transactions to cover management, operation, and maintenance of the Online Registration System and the database on security measures under the Ministry of Justice).

b) Pay 15% of the collected fees into the state budget according to the chapters and sub-items of the current State Budget Classification.

2. The organizations collecting fees as prescribed in Clauses 1, 3, and 4 of Article 3 of this Circular shall manage and use the collected fee amounts as follows:

a) For public service organizations collecting fees: Retain 85% of the collected fee amount to cover service provision costs and fee collection costs as stipulated in Article 5 of Decree No. 120/2016/NĐ-CP; remit 15% of the collected fee amount to the State budget according to the chapters and sub-items of the current State budget classification.

b) For state agencies collecting fees: Remit the entire collected fee amount to the State budget. Service provision and fee collection costs are covered from the State budget allocation in the organization's budget estimate according to the State budget expenditure regulations and standards.

In cases where state agencies collecting fees are allocated operational costs from the collected fees as prescribed in Clause 1 of Article 4 of Decree No. 120/2016/NĐ-CP, they may retain 85% of the collected fee amount to cover service provision and fee collection costs as stipulated in Article 5 of Decree No. 120/2016/NĐ-CP; remit 15% of the collected fee amount to the State budget according to the chapters and sub-items of the current State budget classification.

Article 7. Implementation Provisions

1. This Circular takes effect from November 15, 2023.

2. This Circular replaces Circular No. 202/2016/TT-BTC dated November 9, 2016, issued by the Minister of Finance, which stipulates the fee rates, collection, payment, management, and use of fees in the registration of secured transactions sector, and Circular No. 113/2017/TT-BTC dated October 20, 2017, issued by the Minister of Finance, which amends and supplements certain provisions of Circular No. 202/2016/TT-BTC dated November 9, 2016, issued by the Minister of Finance, concerning the fee rates, collection, payment, management, and use of fees in the registration of secured transactions sector.

3. Other contents related to the collection, payment, management, use, receipt vouchers, and publicizing the fee collection system not mentioned in this Circular shall be implemented in accordance with the provisions of the Law on Fees and Charges, Decree No. 120/2016/NĐ-CP, the Law on Tax Administration, Decree No. 126/2020/NĐ-CP dated October 19, 2020, issued by the Government detailing certain provisions of the Law on Tax Administration, Decree No. 91/2022/NĐ-CP dated October 30, 2022, issued by the Government amending and supplementing certain provisions of Decree No. 126/2020/NĐ-CP dated October 19, 2020, issued by the Government detailing certain provisions of the Law on Tax Administration, Decree No. 11/2020/NĐ-CP dated January 20, 2020, issued by the Government on administrative procedures under the National Treasury sector, Decree No. 123/2020/NĐ-CP dated October 19, 2020, issued by the Government on invoices and receipts, and Circular No. 78/2021/TT-BTC dated September 17, 2021, issued by 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, issued by the Government on invoices and receipts.

4. During the implementation, if related documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the newly amended, supplemented, or replaced documents.

5. 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.

TABLE OF FEE RATES IN THE SECURED TRANSACTIONS REGISTRATION SECTOR

(Annexed to Circular No. 61/2023/TT-BTC dated September 28, 2023, issued by the Minister of Finance)

* Note:

1. Basic criteria (as stipulated in Decree No. 99/2022/NĐ-CP) include searching information: based on legal status identification documents of the guarantor; based on the name of the foreign guarantor organization; based on the frame number of motor vehicles; based on the registration number of security measures.

2. Advanced criteria (as stipulated in Decree No. 99/2022/NĐ-CP) include searching information: based on the type of secured asset (such as: road motor vehicles; fishing boats; inland waterway vessels; railway vehicles; specialized vehicles on roads, waterways, railways; goods; etc.); based on time period; based on the beneficiary in the case where the beneficiary is the information requester; based on historical registration information of security measures.

3. Data extraction refers to the registration authority extracting original data corresponding to the search information based on basic or advanced criteria upon the request of the searcher.

4. The secured transactions registration fee specified in Point 1 of the Table of Fee Rates does not include postal service charges when the registration results are transferred or returned through postal services.

5. Organizations and individuals registering security measures and providing information on security measures using securities registered centrally at Vietnam Securities Depository Corporation shall pay service usage fees in accordance with Circular No. 101/2021/TT-BTC dated November 17, 2021, issued by the Minister of Finance, which stipulates service prices in the securities sector applicable at the Stock Exchange and Vietnam Securities Depository Corporation.

6. Organizations and individuals registering security measures, providing information on aircraft security measures shall pay fees in accordance with Circular No. 193/2016/TT-BTC dated November 8, 2016, issued by the Minister of Finance, which stipulates the rates of collection, payment, management, and use of fees and charges in the aviation sector./.