Circular No. 77/2015/TT-BTC guiding the regime for collecting, submitting, and managing the use of fees for issuing licenses to operate payment intermediary services

CIRCULAR

Guidelines on the collection, payment, and management and use of fees for issuing licenses

activities of providing payment intermediary services

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Pursuant to the Law on the State Bank of Vietnam No. 46/2010/QH12 dated June 16, 2010;

Pursuant to the Ordinance on Fees and Charges No. 38/2001/PL-UBTVQH10 dated August 28, 2001;

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;

BASED ON DECREE NO. 16/2017/NĐ-CP DATED FEBRUARY 17, 2017 OF THE GOVERNMENT ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE STATE BANK OF VIETNAM;

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

Pursuant to the Prime Minister's Decision No. 07/2013/QĐ-TTg dated January 24, 2013 on the financial system of the State Bank of Vietnam;

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

The Minister of Finance issues this Circular guiding the collection, payment, and management and use of fees for issuing Licenses for operating intermediary payment services as follows:

Article 1. Subjects paying the fee and the collecting agency

1. Subjects paying fees

Organizations that are granted a License for operating intermediary payment services in accordance with Clause 4, Article 4 of Decree No. 101/2012/NĐ-CP dated November 22, 2012 of the Government on non-cash payments must pay the fee in accordance with the guidelines set forth in this Circular.

2. Collecting agencies

The State Bank of Vietnam shall be responsible for organizing the collection, payment, and management and use of fees for issuing Licenses for operating intermediary payment services in accordance with the guidelines set forth in this Circular.

Article 2. Level of fee collection

1. The amount of the fee for issuing a License for operating intermediary payment services is as follows:

- First issuance: VND 10,000,000 per license.

- Reissuance: VND 5,000,000 per license.

2. The fee for issuing a License for operating intermediary payment services shall be collected in Vietnamese Dong (VND).

Article 3. Organization of collection, payment, and management

1. The fee for issuing a License for operating intermediary payment services is a revenue item belonging to the state budget.

2. The State Bank of Vietnam may retain the entire amount (100%) of the fees collected to serve its organizational collection activities and use according to the financial regulations of the State Bank of Vietnam as stipulated in Decision No. 07/2013/QĐ-TTg dated January 24, 2013 of the Prime Minister and Circular No. 195/2013/TT-BTC dated December 18, 2013 of the Ministry of Finance guiding the financial regulations of the State Bank of Vietnam. 1. This Circular takes effect from July 3, 2015.

Article 4. Organization of Implementation

2. Other contents related to the collection, payment, management and use, and public disclosure of the fee collection regime not covered in this Circular shall be implemented in accordance with the guidelines set forth in Circular No. 63/2002/TT-BTC dated July 24, 2002 and Circular No. 45/2006/TT-BTC dated May 25, 2006 amending and supplementing Circular No. 63/2002/TT-BTC dated July 24, 2002 of the Ministry of Finance guiding the implementation of laws on fees and charges; Circular No. 156/2013/TT-BTC dated November 6, 2013 of the Ministry of Finance guiding the implementation of certain provisions of the Law on Tax Administration; the Law Amending and Supplementing Certain Provisions of the Law on Tax Administration and Decree No. 83/2013/NĐ-CP dated July 22, 2013 of the Government and Circular No. 153/2012/TT-BTC dated September 17, 2012 of the Ministry of Finance guiding the printing, issuance, management, and use of various types of receipts for fees and charges under the state budget and any subsequent amendments and supplements (if any).

3. Organizations and individuals subject to the payment of fees and relevant agencies are responsible for implementing this Circular. In the course of implementation, if there are any difficulties, organizations and individuals are requested to promptly report to the Ministry of Finance for consideration and guidance./.

3. Organizations and individuals subject to payment of fees and relevant agencies shall be responsible for implementing this Circular. In the course of implementation, if there are any difficulties, organizations and individuals are requested to promptly report them to the Ministry of Finance for consideration and guidance./.