DECISION OF THE MINISTER OF FINANCE

Regarding the regulations on the collection, submission, management, and utilization of fees for issuing criminal record certificates

fee for issuing a criminal record certificate

THE MINISTER OF FINANCE

Pursuant to the Ordinance on Fees and Charges dated August 28, 2001, and Decree No. 57/2002/NĐ-CP dated June 3, 2002 detailing the implementation of the Ordinance on Fees and Charges;

BASED ON Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

After receiving the opinion of the Ministry of Justice (document No. 2068/TP-LLTP dated August 4, 2004) and at the proposal of the Director General of the State Revenue总局副局长的提案。请继续翻译剩余的内容，保持正式和客观的语气，使用标准的法律术语。不要使用日常用语，确保翻译的准确性。不要添加任何解释或注释。严格按照原文进行翻译。,

DECISION:

Article 1. Vietnamese citizens and foreigners who submit applications and are granted a criminal record certificate by competent state management agencies pursuant to Circular No. 07/1999/TTLT-BTP-BCA dated February 8, 1999 of the Ministry of Justice and the Ministry of Public Security must pay a fee for issuing a criminal record certificate at a rate of VND 100,000 per issuance per person.

For Vietnamese citizens residing in particularly difficult communes, mountainous areas, remote and far-flung regions under the Socio-Economic Development Program according to Decision No. 135/1998/QĐ-TTg dated July 31, 1998 of the Prime Minister (referred to collectively as Program 135), the fee for issuing a criminal record certificate shall be VND 50,000 per issuance per person, including:

Decision No. 1232/QĐ-TTg dated December 24, 1999 of the Prime Minister approving the list of particularly difficult communes and border communes within the scope of the Socio-Economic Development Program for particularly difficult communes in mountainous areas and remote and far-flung regions;

Decision No. 647/QĐ-TTg dated July 12, 2000 of the Prime Minister supplementing the list of particularly difficult communes and border communes within the scope of the Socio-Economic Development Program for particularly difficult communes in mountainous areas and remote and far-flung regions;

Decision No. 42/2001/QĐ-TTg dated March 26, 2001 of the Prime Minister supplementing the list of particularly difficult communes under the Socio-Economic Development Program, particularly difficult communes, ethnic minority mountainous regions, border areas, and remote and far-flung regions;

Decision No. 231/2003/QĐ-TTg dated November 12, 2003 of the Prime Minister supplementing and renaming communes under the Socio-Economic Development Program for particularly difficult communes, ethnic minority mountainous regions, border areas, and remote and far-flung regions; and other Decisions of the Prime Minister regarding the supplementation of particularly difficult communes under the Socio-Economic Development Program for particularly difficult communes, ethnic minority mountainous regions, border areas, and remote and far-flung regions.

The fee rates specified herein include the costs of application forms for requesting a criminal record certificate.

Article 2. The fee for issuing a criminal record certificate stipulated in this Decision is a revenue item belonging to the State budget, managed and utilized as follows:

1. The agency collecting the fee for issuing a criminal record certificate is the agency issuing the criminal record certificate responsible for registering, declaring, collecting, depositing, and settling the fee for issuing a criminal record certificate in accordance with the Law on Fees and Charges and guiding documents implementing the Law on Fees and Charges.

2. The agency collecting the fee may retain 20% of the total amount of fees actually collected to cover expenses related to the collection of fees, including purchasing (or printing) necessary forms, books, and other expenses directly related to the issuance of criminal record certificates; copying files and other direct expenses related to the issuance of criminal record certificates; maintenance and repair of equipment and facilities serving the issuance of criminal record certificates; allowances for complex background verification work; establishing reward and welfare funds for staff directly involved in collecting fees. The average annual maximum amount that can be allocated to the two reward and welfare funds for each individual is not more than 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 or equal to the previous year's. All retained funds must be used for their intended purposes, supported by valid documentation, and settled annually in accordance with regulations; any unused funds in the current year may be carried over to the next year for continued expenditure in accordance with established procedures.

3. After deducting the retained amount according to the ratio specified in Point 2 of this Article, the remaining total amount of fees collected must be deposited into the State budget under the corresponding chapter, category, item 045, sub-item 11 of the current State budget classification.

Article 3. This Decision takes effect fifteen days from the date of publication in the Official Gazette and replaces Decision No. 146/2000/QĐ/BTC dated September 18, 2000 of the Minister of Finance on the issuance of the fee rates for issuing a criminal record certificate.

Article 4. Organizations and individuals subject to payment of the fee, units assigned the task of organizing the collection of the fee for issuing a criminal record certificate, and relevant agencies are responsible for implementing this Decision.