Thông tư 222/2016/TT-BTC quy định mức thu, chế độ thu, nộp, quản lý và sử dụng phí thẩm định tiêu chuẩn, điều kiện thành lập, hoạt động trong lĩnh vực trọng tài thương mại do Bộ trưởng Bộ Tài chính ban hành

CIRCULAR

ON THE RATE, COLLECTION, SUBMISSION, ADMINISTRATION AND USE OF THE FEES FOR VERIFICATION OF ELIGIBILITY FOR THE PRACTICE OF COMMERCIAL ARBITRATION

Pursuant to the Law of fees and charges dated November 25, 2015;

Pursuant to the Law of state budget dated June 25, 2015;

Pursuant to the Government’s Decree No. 120/2016/ND-CP dated August 23, 2016 on details and guidelines for the implementation of certain articles of the Law of fees and charges;

Pursuant to the Government’s Decree No. 215/2013/ND-CP dated December 23, 2013 on the functions, missions, authority and organizational structure of the Ministry of Finance;

At the request of the Head of the Department of Tax policy,

Minister of Finance promulgates the Circular on the rate, collection, submission, administration and use of the fees for verification of eligibility for the practice of commercial arbitration.

Article 1. Scope and regulated entities

1. This Circular stipulates the rate, collection, submission, administration and use of the fees for verification of eligibility for the practice of commercial arbitration.

2. This Circular applies to the payers and collectors of the fees for verification of eligibility for the practice of commercial arbitration, and to other organizations and individuals concerning the collection, submission, administration and use of the fees for verification of eligibility for the practice of commercial arbitration.

Article 2. Payer

1. Organizations, upon applying for the foundation and operation of commercial arbitration centers and for the registration of the branches of such centers, shall incur the fees defined in this Circular.

2. Foreign arbitration organizations, upon applying for the foundation of their branches and representative offices in Vietnam and for the registration of their branches’ activities in Vietnam, shall incur the fees defined in this Circular.

Article 3. Collector

1. Department of Judicial support (Ministry of Justice) shall collect the fees for verification of eligibility for the practice of commercial arbitration pursuant to Point 1a, 1b, 3a, 3b, 4a and 4b, Article 4 of this Circular.

2. Departments of Justice of provinces and central-affiliated cities shall collect the fees for verification of eligibility for the practice of commercial arbitration pursuant to Point 1c, 1d, 2a, 2b, 3c and 3d, Article 4 of this Circular.

Article 4. Rate of fee

The rate of fees for verification of eligibility for the practice of commercial arbitration is defined below:

Article 5. Fee declaration and submission

1. On no later than the fifth of each month, the fee collectors shall deposit the fee amount collected in the previous month into the budgetary contribution account at the State Treasury.

2. The fee collection agency shall declare and finalize the fees collected on monthly and annual basis, respectively, according to the guidelines in Section 3, Article 19 and Section 2, Article 26 of the Circular No. 156/2013/TT-BTC dated November 06, 2013 by the Minister of Finance on guidelines for the implementation of certain articles of the Law of tax administration; the Law on amendments to certain articles of the Law of tax administration and the Government’s Decree No. 83/2013/ND-CP dated July 22, 2013.

Article 6. Administration and use of fees

1. The collectors shall submit the entire fee amount collected to the state budget except for the circumstances defined in Section 2 of this Article. The expenditure for service provision and fee collection shall be sourced from the state budget apportioned in the fee collection agencies’ financial estimate pursuant to the regime and norm of state budget spending as per regulations.

2. If the operating expenditure of a governmental agency collecting the fees is sourced from the fees collected according to Section 1, Article 4 of the Government's Decree No. 120/2016/ND-CP dated August 23, 2016, it shall be allowed to retain 90% of the fees collected to cover for the spending defined in Article 5 of the Government's Decree No. 120/2016/ND-CP dated August 23, 2016. The remaining 10% of the fee amount collected shall be submitted into the state budget by chapter and sub-section of the current state budget index.

Article 7. Implementation

1. This Circular comes into force as of January 01, 2017. It replaces the Circular No. 42/2013/TT-BTC dated April 11, 2013 by the Minister of Finance on the rate, collection, submission, administration and use of the charges for the practice of commercial arbitration.

2. Other matters related to the collection, payment, administration, use, receipt and disclosure of fees not defined in this Circular shall be governed by the Law of fees and charges; the Government's Decree No. 120/2016/ND-CP dated August 23, 2016; the Circular No. 156/2013/TT-BTC dated November 06, 2013 by the Minister of Finance, and the Circular by the Minister of Finance on the printing, issuance, administration and use of the receipts for collection of fees and charges for the state budget and the written amendments thereof (if available).

3. Difficulties that arise during the progress of implementation shall be reported to the Ministry of Finance for review, guidance and amendment./.

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