Circular No. 75/2016/TT-BTC amends and supplements Clause 2 of Article 1 of Circular No. 34/2013/TT-BTC dated March 28, 2013, which amends and supplements certain Articles of Circular No. 124/2011/TT-BTC dated August 31, 2011, issued by the Ministry of Finance guiding stamp duty.

CIRCULAR

AMENDING AND SUPPLEMENTING CLAUSE 2 OF ARTICLE 1 OF CIRCULAR NO. 34/2013/TT-BTC DATED MARCH 28, 2013 AMENDING AND SUPPLEMENTING CERTAIN ARTICLES OF CIRCULAR NO. 124/2011/TT-BTC DATED AUGUST 31, 2011 OF THE MINISTRY OF FINANCE GUIDING REGISTRATION FEES

Pursuant to the Decree on Fees and Charges;

Pursuant to the Law on Tax Administration No. 78/2006/QH11 and Law No. 21/2012/QH13 amending and supplementing certain Articles of the Law on Tax Administration; and Government Decrees detailing the implementation of the Law on Tax Administration No. 78/2006/QH11 and Law No. 21/2012/QH13 amending and supplementing certain Articles of the Law on Tax Administration;

Pursuant to the Government Decree No. 45/2011/NĐ-CP dated June 17, 2011 on registration fees;

Pursuant to the Government Decree No. 23/2013/NĐ-CP dated March 25, 2013 amending and supplementing certain Articles of the Government Decree No. 45/2011/NĐ-CP dated June 17, 2011 on registration fees;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Director General of the State Revenue Administration,

The Minister of Finance issues this Circular amending and supplementing Clause 2 of Article 1 of Circular No. 34/2013/TT-BTC dated March 28, 2013 amending and supplementing certain Articles of Circular No. 124/2011/TT-BTC dated August 31, 2011 of the Ministry of Finance guiding registration fees.

Article 1.

"18. Assets of organizations and individuals that have paid registration fees must be re-registered for ownership and use due to division, separation, privatization, merger, consolidation, or renaming of the organization according to the decision of the competent authority.

In case of simultaneous name change and ownership transfer of assets, the asset owner must pay registration fees, including:

a) Name change and full replacement of founding shareholders (for joint-stock companies with founding shareholders) or full replacement of shareholders holding the initial charter capital (for joint-stock companies without founding shareholders) or all members of the company (for other types of enterprises) or the individual business owner (in cases of selling a business as stipulated in Article 187 of the Enterprise Law No. 68/2014/QH13 dated November 26, 2014).

b) Name change and conversion of enterprise form as prescribed at Point c Clause 1 Article 196 (Limited liability company converting to a joint-stock company through the sale of all contributions to one or several organizations or individuals); Point b Clause 1 Article 197 (Joint-stock company converting to a limited liability company through one organization or individual not being a shareholder receiving the transfer of all shares of the company); Point c Clause 1 Article 198 (Joint-stock company converting to a limited liability company through the transfer of all contributions to another organization or individual); Article 199 of the Enterprise Law, except for the conversion from a sole proprietorship to a limited liability company where the individual who was the sole proprietor has become the owner.

Article 2. Effective Date

1. This Circular takes effect from July 10, 2016.

2. During the implementation process, if related documents referred to in this Circular are amended, supplemented, or replaced, they shall be implemented in accordance with the new amended, supplemented, or replaced documents.

In case of any difficulties, organizations and individuals are requested to promptly report to the Ministry of Finance for further study and supplementary guidance.