Joint Circular No. 69/2011/TTLT-BTC-BTP guiding the regime for the collection, submission, management, and use of fees for registering secured transactions, providing information on secured transactions, and using regular customer services.

JOINT CIRCULAR

Guidelines for the collection, submission, management, and use of registration fees for secured transactions, fees for providing information on secured transactions, and service fees for regular customers

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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 of the Government amending and supplementing certain articles of Decree No. 57/2002/NĐ-CP dated June 3, 2002 of the Government detailing the implementation of the Ordinance on Fees and Charges;

Based on Decree No. 83/2010/NĐ-CP dated July 23, 2010 of the Government on registration of secured transactions;

Pursuant to Decree No. 41/2010/NĐ-CP dated April 12, 2010 of the Government on credit policies serving rural development;

Pursuant to 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;

Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

The Ministry of Finance and the Ministry of Justice issue guidelines for the collection, submission, management, and use of registration fees for secured transactions, fees for providing information on secured transactions, and service fees for regular customers as follows:

Article 1. Scope of Application

1. Organizations and individuals requesting registration of secured transactions, contracts, notifications of asset seizure for enforcement; requests for provision of information on secured transactions, contracts, seized assets; provision of copies of documents certifying the content of registered secured transactions, contracts, notifications of asset seizure for enforcement; requests for use of services for regular customers at the National Registration Agency for Secured Transactions must pay corresponding registration fees for secured transactions, fees for providing information on secured transactions, and service fees for regular customers according to the provisions of this Circular. The collection, submission, management, and use of fees and charges in the aviation sector shall be implemented according to separate guidelines issued by the Ministry of Finance.

2. Authorities authorized to collect registration fees for secured transactions, fees for providing information on secured transactions, and service fees for regular customers are responsible for implementing the collection, submission, management, and use of fees and charges in accordance with the provisions of this Circular.

3. The following cases are exempt from payment of registration fees for secured transactions:

a) Individuals and households when registering secured transactions to borrow funds from credit institutions for production and business operations are exempt from paying registration fees for secured transactions as stipulated in Decree No. 41/2010/NĐ-CP dated April 12, 2010 of the Government on credit policies serving rural development;

b) Requests to correct errors in the content of registered secured transactions, financial lease contracts due to the fault of the Registration Officer;

c) Notifications of asset seizure for enforcement, requests to change the content of previously notified asset seizures for enforcement, and cancellation of such notifications.

4. The following cases are exempt from payment of fees for providing information on secured transactions:

a) Organizations and individuals self-searching for information on secured transactions, contracts, and seized assets in the online registration system of the National Registration Agency for Secured Transactions under the Ministry of Justice;

b) Organizations and individuals requesting issuance of documents certifying the content of registrations in cases of online registration of secured transactions, contracts, and notifications of asset seizures;

c) Enforcement officers requesting provision of information on seized assets;

d) Investigators, Prosecutors, and Judges requesting provision of information for litigation activities.

5. There is no charge for updating customer information after a regular customer code has been issued.

Article 2. Competence to collect registration fees for secured transactions, fees for providing information on secured transactions, and fees for regular customer services

1. The agencies authorized to collect registration fees for secured transactions and fees for providing information on secured transactions include:

a) The Registration Center for Secured Transactions and Assets under the National Office of Secured Transaction Registration of the Ministry of Justice (hereinafter referred to as the Registration Center);

b) The Agency for Registration of Ships of Vietnam;

c) The Land Registration Office under the Department of Natural Resources and Environment of provinces and centrally governed cities; the Land Registration Office under the District, County, City District, and Provincial City Departments of Natural Resources and Environment (hereinafter referred to as the Land Registration Office);

d) People's Committees of communes where the Land Registration Office of the district has delegated authority to register mortgage rights over land use rights for households and individuals residing in remote communes.

2. The National Office of Secured Transaction Registration under the Ministry of Justice is the agency authorized to collect fees for regular customer services at the National Office of Secured Transaction Registration.

Article 3. Rates for collecting registration fees for secured transactions, fees for providing information on secured transactions, and fees for regular customer services

1. Rates for collecting registration fees for secured transactions

a) The rates for collecting registration fees for secured transactions applicable at the Registration Centers and at the Agencies for Registration of Ships of Vietnam are stipulated as follows:

b) The rates for collecting registration fees for secured transactions applicable at the agencies for registration of secured transactions specified in points c and d, Clause 1, Article 2 of this Circular shall be determined specifically by the People's Councils of provinces and centrally governed cities to suit local conditions, but the maximum rate shall not exceed the rate prescribed in point a, Clause 1 of this Article.

2. Rates for collecting fees for providing information on secured transactions

a) The rates for collecting fees for providing information on secured transactions (including cases of providing certification documents or copies of certification documents regarding secured transactions, contracts, and notifications of asset attachment for enforcement) applicable at the Registration Centers and the Agencies for Registration of Ships of Vietnam are VND 30,000 per case.

b) The rates for collecting fees for providing information on secured transactions applicable at the agencies for registration of secured transactions specified in points c and d, Clause 1, Article 2 of this Circular shall be determined specifically by the People's Councils of provinces and centrally governed cities to suit local conditions, but the maximum rate shall not exceed the rate prescribed in point a, Clause 2 of this Article.

3. Rates for collecting fees for regular customer services at the National Office of Secured Transaction Registration

a) The rate for collecting fees for regular customer services at the National Office of Secured Transaction Registration is VND 300,000 per customer per year, with the fee calculation period being from January 1 to December 31 of each calendar year.

b) In cases where customers register to use regular customer services at the National Office of Secured Transaction Registration after July 1 of each year, they must pay 50% of the fee prescribed in point a, Clause 3 of this Article.

Article 4. Management and use of registration fees for secured transactions, fees for providing information on secured transactions, and fees for regular customer services

Registration fees for secured transactions, fees for providing information on secured transactions, and fees for regular customer services are revenue items belonging to the state budget. The fee collection agencies shall manage and use the collected fees and registration fees as follows:

1. For Registration Centers

a) They are allowed to retain 85% (eighty-five percent) of the total amount of fees and registration fees collected before depositing them into the state budget to carry out the following tasks:

a.1. To use 80% (eighty percent) of the total amount of fees and registration fees collected to cover costs for performing the work and services subject to fee and registration fee collection according to the prescribed regulations;

a.2. To transfer 5% (five percent) of the total amount of fees and registration fees collected into the account of the National Registering Agency for Secured Transactions to cover costs for operating and maintaining the online registration system for secured transactions.

b) They are responsible for declaring, paying, and settling the remaining 15% (fifteen percent) of the fees and registration fees into the state budget according to the corresponding chapters, sections, and sub-sections of the current State Budget Manual.

2. For Vietnamese Ship Registration Agencies

a) They are allowed to retain 50% (fifty percent) of the total amount of fees and registration fees collected before depositing them into the state budget to cover costs for performing the work and services subject to fee and registration fee collection according to the prescribed regulations.

b) They are responsible for declaring, paying, and settling the remaining 50% (fifty percent) of the fees and registration fees into the state budget according to the corresponding chapters, sections, and sub-sections of the current State Budget Manual.

3. For fee and registration fee collection agencies as stipulated at points c and d of Clause 1, Article 2 of this Circular, the People's Councils of provinces and centrally-administered cities decide the percentage to be retained by the fee and registration fee collection agencies to cover costs for performing the work and services subject to fee and registration fee collection in accordance with local realities. In cases where the revenue from registration fees for secured transactions and fees for providing information on secured transactions is insufficient to cover costs for performing the work and services subject to fee and registration fee collection according to the prescribed regulations, the local budget will ensure the operational funding for the secured transaction registration agency in accordance with the State Budget Law and related implementing documents. Fee and registration fee collection agencies as stipulated at points c and d of Clause 1, Article 2 of this Circular are responsible for declaring, paying, and settling any remaining fees and registration fees (if any) into the state budget according to the corresponding chapters, sections, and sub-sections of the current State Budget Manual.

4. For the National Registering Agency for Secured Transactions

a) They are allowed to retain 85% (eighty-five percent) of the total amount of regular customer service usage fees collected before depositing them into the budget to cover costs for performing the work and services subject to regular customer service usage fee collection according to the prescribed regulations.

b) They are allowed to use 5% (five percent) of the total amount of fees and registration fees collected by the Registration Centers, transferred according to the provisions of point a.2, clause a, Article 3 of this Circular, to cover costs for operating and maintaining the online registration system for secured transactions and to settle accounts according to the prescribed regulations.

c) They are responsible for declaring, paying, and settling 15% (fifteen percent) of the total amount of regular customer service usage fees collected into the state budget according to the corresponding chapters, sections, and sub-sections of the current State Budget Manual.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. This Circular takes effect from July 2, 2011. In cases where the People's Councils of provinces and centrally-administered cities have not issued regulations on fees and registration fees within their authority as stipulated in this Circular, the fee and registration fee collection agencies as stipulated at points c and d of Clause 1, Article 2 may temporarily apply the provisions of point a, Clause 1, Article 3, point a, Clause 2, Article 3, and Clause 1, Article 4 of this Circular until such regulations are issued by the People's Councils of provinces and centrally-administered cities.

2. This Circular replaces Joint Circular No. 03/2007/TTLT-BTC-BTP dated January 10, 2007, and Joint Circular No. 36/2008/TTLT-BTC-BTP dated April 29, 2008, of the Ministry of Finance and the Ministry of Justice amending and supplementing Joint Circular No. 03/2007/TTLT-BTC-BTP dated January 10, 2007, of the Ministry of Finance and the Ministry of Justice guiding the regime of collecting, paying, managing, and using registration fees and fees for providing information on secured transactions.

3. Other contents related to the collection, payment, management, use, and public disclosure of the regime of collecting registration fees for secured transactions; fees for providing information on secured transactions; and fees for regular customer services at the National Registering Agency for Secured Transactions not mentioned in this Circular shall be implemented according to the guidance provided in Circular No. 63/2002/TT-BTC dated July 24, 2002, of the Ministry of Finance guiding the implementation of legal regulations on fees and registration fees; and Circular No. 45/2006/TT-BTC dated May 25, 2006, of the Ministry of Finance amending and supplementing Circular No. 63/2002/TT-BTC.

4. During the implementation process, if there are any difficulties, it is requested that relevant agencies, organizations, and individuals promptly reflect them to the Ministry of Finance and the Ministry of Justice for research and supplementary guidance./.