Quyết định 27/2005/QĐ-BTC về chế độ thu, nộp, quản lý và sử dụng phí thẩm định đánh giá trữ lượng khoáng sản do Bộ trưởng Bộ Tài chính ban hành

DECISION

PROVIDING FOR THE REGIME OF COLLECTION, REMITTANCE, MANAGEMENT AND USE OF FEE FOR APPRAISAL AND EVALUATION OF MINERAL DEPOSITS

THE MINISTER OF FINANCE

Pursuant to the Government’s Decree No. 57/2002/ND-CP of June 3, 2002, detailing the implementation of the Ordinance of Charges and Fees;Pursuant to the Government’s Decree No. 76/2000/ND-CP of December 15, 2000, detailing the implementation of the Mineral Law (amended);Pursuant to the Government’s Decree No. 77/2003/ND-CP of July 1, 2003, defining the functions, obligations, competence and organizational structure of the Ministry of Finance;After obtaining opinions of the Ministry of Natural Resources and Environment (in Official Letter No. 4770/BTNMT-KHTC of December 30, 2004);At the proposal of the director of the Tax Policy Department,

DECIDES:

Article 1.- Organizations and individuals engaged in mineral-related activities, when proposing competent state agencies to appraise and approve mineral deposits in mineral exploration reports according to the provisions of law on mineral, shall have to pay fee for appraisal and evaluation of mineral deposits according to this Decision.

Article 2.- Rates of fee for appraisal and evaluation of mineral deposits are specified as follows:

 Article 3.- Fee for appraisal and evaluation of mineral deposits constitutes a state budget revenue and is managed and used as follows:

1. State agencies competent to appraise and approve mineral deposits as provided for by law on mineral (fee-collecting agencies) shall be permitted to deduct 90% (ninety percent) of the collected fee amounts to cover the following expenses for fee collection:

a/ Wages or remunerations, allowances and wage- or remuneration-based contributions paid according to current regulations to employees directly engaged in fee collection (excluding public employees enjoying wages according to current regulations), and overtime pays for employees of fee-collecting agencies;

b/ Expenses for the appraisal and evaluation of mineral deposits and fee collection, including:

- Expenses for on-site inspection at mineral-exploration places;

- Expenses for check and appraisal of documents of mineral exploration reports;

- Expenses for the hire of specialists to inspect, appraise, comment and evaluate mineral exploration reports;

- Expenses for conferences, seminars and meetings of the council for appraisal and evaluation of mineral deposits.

c/ Expenses directly related to fee collection such as expenses for stationery, office supplies and telephone, electricity and water charges according current criteria and norms;

d/ Expenses for regular repair and overhaul of assets, machines and equipment in direct service of fee collection;

e/ Expenses for procurement of supplies, raw materials and other expenses directly related to fee collection;

f/ Rewards and bonuses for employees directly engaged in fee collection on the principle that the annual average per-capita level must not exceed 3 (three) months’ actually paid wage, if the revenue of this year is higher than that of the previous year, or be equal to 2 (two) months’ actually paid wage, if the revenue of this year is lower than or equal to that of the previous year.

Annually, fee-collecting agencies shall have to settle revenues and expenditures according to actually collected and spent amounts; if fee amounts are not spent up in the year, the remainder may be carried forward to the subsequent year for continuous spending according to current regulations. Fee amounts left at fee-collecting agencies to cover expenses for fee collection shall not be accounted into the state budget.

2. Fee-collecting agencies shall have to declare and remit 10% (ten percent) of the collected fee amounts into the state budget and settle it according to the provisions of the current state budget index.

Article 4.- This Decision takes effect 15 days after its publication in “CONG BAO” and replaces Joint Circular No. 343-TTLB of March 5, 1987, of the Ministry of Finance and the State Committee for Sciences and Techniques on the deduction and remittance of fees for submission and approval of econo-technical foundations for mineral deposits calculation and geological exploration reports at the Council for Consideration and Approval of Mineral Deposits.

Article 5.- Other matters related to fee collection, remittance, management and use, the publicization of fee collection regime, and fee receipts not mentioned in this Decision shall comply with the guidance in the Finance Ministry’s Circular No. 63/2002/TT-BTC of July 24, 2002, guiding the implementation of law on charges and fees.

Article 6.- Fee payers, agencies competent to appraise and approve mineral deposits and mineral exploration reports, and concerned agencies shall have to implement this Decision.

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