Circular No. 89/2003/TT-BTC stipulates the regime for collecting, submitting, managing, and using fees for issuing power business licenses.

CIRCULAR

Regulations on the collection, payment, and management and use of fees for mineral exploitation permits

electricity business operation license fee

||| Pursuant to the Ordinance on Fees and Charges 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;

To implement state management over electricity business operations following the opinion of the Ministry of Industry, the Ministry of Finance shall guide the collection, submission, and management of the use of the electricity business operation license fee as follows:

Chapter I. OBJECTS OF COLLECTION AND AMOUNTS OF COLLECTION:

1. Organizations and individuals, both domestic and foreign, which are granted an electricity business operation permit by the competent state authority as stipulated in Clause 1 and Clause 2, Article 3, Chapter I of Decree No. 45/2001/NĐ-CP dated August 2, 2001 of the Government on electricity business operations and electricity usage must pay the fee according to the provisions of this Circular.

In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different regulations, such provisions shall be implemented.

2. The amount of the electricity business operation license fee is specified in the annex attached to this Circular. In cases of extending the electricity business operation permit, the fee will be collected at 50% of the prescribed amount.

The electricity business operation license fee shall be collected in Vietnamese Dong. In cases where foreign organizations and individuals wish to pay the fee in foreign currency, it shall be collected in US dollars (USD) based on the average inter-bank foreign exchange rate published by the State Bank of Vietnam at the time of payment.

Chapter II. ORGANIZATION OF COLLECTION, SUBMISSION, AND MANAGEMENT OF USE:

1. The Ministry of Industry, People's Committees of provinces and centrally governed cities shall be responsible for collecting the electricity business operation license fee and shall be responsible for:

fees for issuing the power operation license are responsible for:

a) Publicly posting the amount of the fee collection at the office location where the fee is collected.

b) When collecting the fee, issue a receipt for payment issued by the Ministry of Finance (General Department of Taxation) to the payer. Receipts are obtained from the local Tax Bureau where the agency collecting the electricity business operation license fee is located and are managed and used according to the regulations of the Ministry of Finance.

c) Implement registration, declaration, collection, submission, and settlement of the fee according to the provisions of Circular No. 63/2002/TT-BTC dated July 24, 2002 of the Ministry of Finance guiding the implementation of laws on fees and charges.

2. The agency collecting the electricity business operation license fee may retain 75% of the total actual fee collected before submitting it to the state budget to cover expenses related to the collection of the fee, specifically as follows:

- Direct expenses for collecting fees such as office supplies, office materials, telephone, electricity, water, and administrative fees according to current standards and norms;

- Expenses for purchasing materials and other costs directly related to the collection of the fee;

- Allocating a reward and welfare fund for staff involved in assessing and collecting the fee within the unit. The average annual allocation for the reward and welfare fund for each person shall not exceed three months' salary if the current year's revenue exceeds the previous year's, and two months' salary if the current year's revenue is lower than the previous year's.

All funds retained according to the above provisions must be used for their intended purpose, with legitimate documentation according to the prescribed system and settled annually; if not fully utilized in the current year, they can be carried forward to the next year for continued use according to the prescribed system.

3. After deducting the amount retained at the ratio of 75% as stipulated in Point 2 of this Section, the remaining 25% of the total electricity business operation license fee collected by the agency collecting the fee must be submitted to the state budget under the corresponding chapter, category, and item 046 of the current state budget classification, in accordance with the procedures and deadlines set out in Circular No. 63/2002/TT-BTC dated July 24, 2002 of the Ministry of Finance guiding the implementation of laws on fees and charges.

4. Annually, based on the amount of the electricity business operation license fee collected, the guidance on expenditures provided in this Circular, and the current financial expenditure system, the agency collecting the fee must prepare a detailed budget for income and expenditure of the fee according to the current state budget classification and submit it to the competent financial authority for approval.

5. Settlement of the fee shall be conducted concurrently with the settlement of the state budget. Annually, the agency collecting the fee must settle the use of the fee receipts, the amount of the fee collected, the amount retained for the unit, the amount to be submitted to the state budget, the amount already submitted, and the amount still to be submitted to the state budget with the tax authority; and settle the use of the retained funds with the same-level financial authority in accordance with the regulations.

Chapter III. IMPLEMENTATION:

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette. All provisions regarding licensing fees for electricity business activities that conflict with this Circular are hereby abolished.

2. The Departments of Finance and Prices, Tax Departments of provinces and cities, licensing authorities for electricity business activities, and entities subject to payment of licensing fees shall be responsible for strictly implementing the provisions of this Circular.

In the course of implementation, if there are any difficulties, it is requested that relevant agencies, organizations, and individuals promptly reflect them to the Ministry of Finance for study and supplementary guidance.