Circular No. 86/2010/TT-BTC on fees for maintenance and reconstruction of infrastructure in Vung Ang Economic Zone, Ha Tinh Province

CIRCULAR

Regulations on maintenance and renewal fees for infrastructure

 Vung Ang Economic Zone, Ha Tinh Province

 ______________________________

Pursuant to Decree No. 29/2008/NĐ-CP dated March 14, 2008 of the Government on industrial zones, export processing zones, and economic zones and economic zones;

Pursuant to Decree No. 108/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding the implementation of certain provisions of the Investment Law;

Pursuant to Decision No. 72/2006/QĐ-TTg dated April 3, 2006 of the Prime Minister on the establishment and issuance of regulations on the operation of the Vung Ang Economic Zone, Ha Tinh Province;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008 of At the proposal of stipulating functions, Pursuant to Decree No. 111/2021/NĐ-CP dated December 9, 2021 of the Government amending and supplementing certain articles of Decree No. 14/2017/NĐ-CP dated April 14, 2017 of the Government on product labeling;on powers and organizational structure of Ministry of Finance;

Implementing the guidance of the Prime Minister in Document No. 2322/TTg-KTTH dated November 26, 2009 of the Government Office regarding mechanisms and policies for key projects in the Vung Ang Economic Zone, Ha Tinh Province;

After reaching agreement with the People's Committee of Ha Tinh Province, the Ministry of Finance hereby stipulates the maintenance and renewal fees for infrastructure in the Vung Ang Economic Zone, Ha Tinh Province (hereinafter referred to as the economic zone) as follows:

Article 1. Scope of application

The objects subject to this Circular include:

1. Enterprises that have invested and operate in the Vung Ang Economic Zone, Ha Tinh Province;

2. The Infrastructure Business Company of the economic zone (hereinafter referred to as the Infrastructure Business Company);

3. Management Board of the Vung Ang Economic Zone, Ha Tinh Province (hereinafter referred to as the Management Board).

Article 2. Interpretation of Terms

1. Infrastructure of the economic zone: Refers to infrastructure components of the economic zone as approved or adjusted by competent authorities and public utility assets.

2. Public utility assets: Refers to assets equipped to provide utility services for business operations, not included in the infrastructure components of the economic zone as approved or adjusted by competent authorities, formed from public utility fees contributed by enterprises. These assets must meet the conditions of fixed assets as prescribed by the Ministry of Finance.

3. Maintenance and renewal fees for infrastructure: Refers to fees contributed by enterprises to operate, maintain, and renew infrastructure of the economic zone, excluding public utility fees.

Article 3. Principles for collection, payment, management, and use of maintenance and renewal fees for infrastructure under this Circular

1. The implementation of fee collection shall not affect the investment environment of the economic zone or the general investment environment.

2. It only applies to maintenance and renewal fees for infrastructure collected by the Infrastructure Business Company from enterprises that have invested and operate in the economic zone.

3. The contents of maintenance and renewal works for infrastructure of the Infrastructure Business Company funded from the fees collected under this Circular must be agreed upon with the Management Board.

4. The use of the portion of fees allocated to the Management Board must comply with the financial mechanism for industrial zone, export processing zone, and economic zone management boards as prescribed by the Ministry of Finance.

Article 4. Accounting and Taxation

1. The amount of fees paid by enterprises according to notifications from the Infrastructure Business Company shall be recorded as business expenses of the enterprise and deductible when determining taxable income for corporate income tax.

2. Maintenance and renewal fees for infrastructure (hereinafter referred to as fees) collected by the Infrastructure Business Company are exempt from tax. The Infrastructure Business Company must record these fees separately from other revenue items.

3. The Infrastructure Business Company shall maintain detailed accounting books to track changes in fees (collection, distribution, use). The Management Board shall prescribe reporting forms and transparency rules for fee collection, distribution, and use.

Article 5. Level of Fee Collection

1. The fee rate is calculated as a percentage of one of the following indicators:

a) Total export turnover;

b) Total production and service turnover;

c) Total leaseback land fees with existing infrastructure.

2. The Infrastructure Business Company shall report the selected indicator for fee calculation to the Management Board before implementation.

Article 6. Fee Collection Organization

1. The infrastructure business company shall be responsible for organizing the collection of fees from enterprises within the area. The procedures and formalities for fee collection shall be agreed upon between the company and the enterprises. The fee collection must be publicly announced in writing to the enterprise.

2. Enterprises have the obligation to pay the full amount of fees as notified by the infrastructure business company. In case of any difficulties, enterprises have the right to reflect the situation to the Management Board for research and resolution.

3. Based on the accounting system for enterprises prescribed by the Ministry of Finance, when collecting fees, the infrastructure business company shall issue a receipt to the enterprise paying the fee. This receipt is a valid document confirming the payment of fees by the enterprise within the area.

4. Annually, the infrastructure business company shall prepare a fee collection plan (in detail by quarter, six months, and the whole year) to be submitted to the Management Board for review and approval before implementation. During the implementation process, if there is a need to adjust the fee collection plan, the infrastructure business company shall prepare an adjustment plan and submit it to the Management Board for review and approval.

Article 7. Fee Allocation

1. The infrastructure business company shall allocate the collected fees as follows:

a) Transfer up to 20% of the fees to the Management Board for use in the activities of the Management Board.

b) Reserve at least 80% of the fees for use in maintaining and renewing the infrastructure and public utilities within the area.

2. The specific ratio of fee allocation shall be uniformly agreed upon by the Management Board and the infrastructure business companies based on the actual collection and usage of fees, and must be reported to the Department of Finance of Ha Tinh Province.

3. On the basis of the monthly collected fees, within the first ten days of the following month, the infrastructure business company shall temporarily transfer the fees that the Management Board is entitled to according to the agreed ratio to the Management Board's account opened at the State Treasury of Ha Tinh Province.

4. At the end of the fiscal year, the infrastructure business company and the Management Board shall settle accounts for the collection, allocation, and use of fees in accordance with the prescribed regulations.

Article 8. Fee Usage

1. After transferring the collected fees to the Management Board, the infrastructure business company shall use these fees for the maintenance and renewal of the infrastructure within the area according to the agreed contents and plans with the Management Board to maintain the normal operation of the infrastructure within the area to serve the enterprises.

2. The management and use of the fees transferred by the infrastructure business company to the Management Board shall be carried out in accordance with the financial mechanism prescribed by the Ministry of Finance for the Management Board of industrial zones, export processing zones, and economic zones.

3. Annually, within the first ten days of January, the infrastructure business company shall prepare and submit to the Management Board a plan for using fees for the maintenance and renewal of infrastructure areas in accordance with the agreed contents and needs with the Management Board as stipulated in Clause 1 of this Article.

4. During the implementation of the plan, if there are urgent maintenance and renewal needs outside the planned schedule, or significant changes occur in the implementation of the plan, the infrastructure business company shall be responsible for preparing supplementary or adjustment plans and notifying the Management Board for review and approval as the basis for implementation.

5. The infrastructure business company shall use the collected fees for the maintenance and renewal of infrastructure according to the approved plan. By no later than January 31 of the following year, the infrastructure business company shall report to the Management Board on the implementation of the previous year's fee usage plan.

Article 9. Management and monitoring of fee collection and utilization

1. The infrastructure business company shall detail the maintenance and renewal costs of the infrastructure for the year in the accounting books in accordance with the current accounting regulations and the provisions of Article 4 of this Circular.

2. The infrastructure business company shall open a separate account at a legally operating commercial bank within Ha Tinh Province (referred to as the fee accumulation account) to monitor and manage the annual surplus or deficit of fee collection and utilization. The difference between the annual fee revenue and expenditure of the infrastructure business company shall be deposited into this fee accumulation account. The management board shall have the responsibility to jointly determine with the infrastructure business company the portion of the difference to be deposited into the fee accumulation account in accordance with the provisions of this Article.

3. The balance of funds deposited in the fee accumulation account may only be used for maintenance and renewal activities of the infrastructure within the area consistent with the fee utilization plan stipulated in Articles 8 and 9 of this Circular.

4. The collection and utilization of fees as prescribed in Articles 6 and 8 of this Circular shall be part of the annual audit plan at the infrastructure business company.

5. The collection and utilization of fees at the infrastructure business company must be reviewed and publicly disclosed to enterprises according to the following provisions:

a) Content of public disclosure: Within no more than 90 days from the end of the fiscal year, the infrastructure business company shall be responsible for reporting to the management board (accompanied by audited financial reports) on:

- The situation and results of implementing the annual fee collection plan;

- The situation and results of implementing the annual maintenance and renewal plan for the infrastructure;

- The balance of the fee accumulation account as of December 31 of the reporting year.

b) Review and public disclosure of information: Within 30 days of receiving the final report from the infrastructure business company, the management board shall have the duty to review the accuracy of the audited data and publicly disclose it to enterprises in the area regarding the above contents; simultaneously sending it to the People's Committee of Ha Tinh Province. Publicly disclosed contents shall be posted at the headquarters of the infrastructure business company and sent to each enterprise in the area or communicated through other means if necessary.

Article 10. Implementation Organization

1. This Circular takes effect 45 days from the date of signature.

2. During implementation, if there are any difficulties or suggestions from relevant organizations or individuals, they should promptly reflect them to the Ministry of Finance for appropriate amendments and supplements./.