Decision No. 69/2001/QD-BTC Issuing the Fee Level for Issuing Permits to Use Radio Frequency Transmitters and the Charge for Using Radio Frequencies

DECISION OF THE MINISTER OF FINANCE

Issuing the level of collection for the fee to issue licenses for radio frequency transmission equipment

and the charge for using radio frequencies

THE MINISTER OF FINANCE

Pursuant to Decree No. 15/CP dated March 2, 1993 of the Government on the tasks, powers, and responsibilities of ministries and ministerial-level agencies in managing their respective sectors;

Pursuant to the Prime Minister's Decision No. 853/1997/CT-TTg dated October 11, 1997 on combating smuggling under new circumstances;

Pursuant to Decree No. 109/1997/NĐ-CP dated November 12, 1997 of the Government on Posts and Telecommunications;

Pursuant to Decree No. 04/1999/NĐ-CP dated January 30, 1999 of the Government on fees and charges under the state budget;

After reaching consensus with the General Post Office Administration and upon the proposal of the Director-General of the Tax General Administration,

DECISION:

Article 1. This Decision annexes the Table of Levels for Collection of Fees for Issuing Licenses for Radio Frequency Transmission Equipment and Charges for Using Radio Frequencies (hereinafter referred to collectively as radio frequency fees and charges).

Radio frequency fees and charges shall be collected in Vietnamese Dong. In cases where the prescribed collection levels are denominated in US Dollars (USD), they shall be converted to Vietnamese Dong based on the average inter-bank foreign exchange trading rate published by the State Bank of Vietnam at the time of payment; If foreign organizations or individuals wish to pay the fees and charges in foreign currency, they may do so in USD according to the prescribed collection levels.

Article 2. The entities subject to the payment of radio frequency fees and charges as stipulated in Article 1 of this Decision are organizations and individuals who have been granted licenses to use radio frequency transmission equipment and to use radio frequencies by competent state authorities in accordance with the law.

Article 3. Exemptions from radio frequency fees and charges apply in the following cases:

1. Temporary exemption from the collection of radio frequency fees and charges for diplomatic missions and consular offices of foreign countries in Vietnam, and international organizations entitled to diplomatic privileges and immunities.

2. Exemption from the charge for using radio frequencies for:

a) Radio stations serving directly national security and defense.

b) The period during which radio stations serve disaster prevention and mitigation, typhoons, floods, and other emergencies.

c) Radio stations of charitable organizations serving humanitarian activities.

d) Special service radio stations directly serving central Party and Government directives.

e) Emergency and rescue frequencies used by radio stations.

3. For provincial radio and television stations (including county and commune radio and television stations within these provinces), the charge for using radio frequencies shall be 30% of the prescribed collection level (except for Voice of Vietnam Radio; Vietnam Television; radio and television stations of centrally-administered cities must pay the full prescribed fees and charges).

Article 4. The Radio Frequency Management Department under the General Post Office Administration (hereinafter referred to as the fee collection agency) shall retain 90% (ninety percent) of the total amount of radio frequency fees and charges actually collected before remitting them to the state budget to cover costs related to state management of radio frequencies and the collection of fees and charges in accordance with established regulations.

The fee collection agency shall be responsible for organizing the collection, submission, management, and settlement of radio frequency fees and charges with the local tax authority directly overseeing such matters in accordance with Circular No. 54/1999/TT-BTC dated May 10, 1999, and Circular No. 21/2001/TT-BTC dated April 3, 2001 of the Ministry of Finance, which amends certain provisions of Circular No. 54/1999/TT-BTC dated May 10, 1999, guiding the implementation of Decree No. 04/1999/NĐ-CP dated January 30, 1999 of the Government on fees and charges included in the state budget.

Article 5. Local tax authorities where radio frequency fees and charges are collected shall be responsible for issuing payment receipts for such fees and charges, providing guidance, and inspecting the implementation of the collection of radio frequency fees and charges in accordance with this Decision and Circular No. 54/1999/TT-BTC dated May 10, 1999, and Circular No. 21/2001/TT-BTC dated April 3, 2001 of the Ministry of Finance guiding the implementation of Decree No. 04/1999/NĐ-CP dated January 30, 1999 of the Government on fees and charges included in the state budget.

Article 6. This Decision shall take effect fifteen days from the date of signature. All provisions regarding radio frequency fees and charges that conflict with this Decision are hereby abolished..

Article 7. Organizations and individuals subject to the payment of radio frequency fees and charges, units assigned the task of collecting such fees and charges, and relevant agencies shall be responsible for implementing this Decision.