THE MINISTRY OF FINANCE
Circular No. 187/2016/TT-BTC dated November 08, 2016 of the Ministry of Finance providing for the fees for acquiring and using national remote sensing data, the collection, transfer, exemption and management thereof
Pursuant to the Law on fees and charges dated November 25, 2015;
Pursuant to the Law on state budget dated June 25, 2015;
Pursuant to the Government's Decree No. 120/2016/ND-CP dated August 23, 2016 detailing and guiding the implementation of a number of articles of the Law on fees and charges;
Pursuant to the Decision No. 81/2010/QD-TTg dated December 13, 2010; Decision 76/2014/QD-TTg dated December 24, 2014 by the Prime Minister providing for the collection, storage, handling, acquisition and use of national remote sensing data;
Pursuant to the Government's Decree No. 215/2013/ND-CP dated December 23, 2013 defining the functions, tasks, powers and organizational structure of Ministry of Finance;
At the request of the Director of the Tax Policy Department,
Minister of Finance promulgates a Circular to provide for the fees for acquiring and using national remote sensing data, the collection, transfer, exemption and management thereof.
Article 1. Scope of adjustment and subject of application
1. This Circular provides for the fees for acquiring and using national remote sensing data, the collection, transfer, exemption and management thereof.
2. This Circular applies to authorities, organizations and individuals that get involved in the management, acquisition and use of the national remote sensing data, and collection of fees thereof.
Article 2. Payers and collectors
1. Any authorities, organizations or individuals that apply for provision of the national remote sensing data must pay fees in compliance with regulations herein.
2. Collectors include the Central Ground Segment of Remote Sensing (CGSR) and the Remote Sensing Data and Information Center affiliated to Department of National Remote Sensing – Ministry of Natural Resources and Environment, and authorities designated to provide the national remote sensing data in accordance with applicable laws.
Article 3. Fees and fee exemption
1. The fees for acquiring and using the national remote sensing data are specified in the Fee Schedules enclosed herein. The fees for acquiring and using the national remote sensing data for national defense or security purposes or in emergency cases shall be equal to 60% of corresponding fees in the Fee Schedules enclosed herein.
2. The national remote sensing data shall be provided free of charge upon the requests of leaders of the Communist Party and of the Government.
Article 4. Declaration and transfer of fees by collectors
1. Not later than the 05th day of every month, each collector must transfer the fees collected in the previous month into the designated state budget account which is opened at the State Treasury.
2. The collectors must declare and transfer collected fees on a monthly basis, and make statement of fees on an annual basis in accordance with regulations in Clause 3 Article 19 and Clause 2 Article 26 of the Circular No. 156/2013/TT-BTC dated November 06, 2013 by Minister of Finance providing guidance on a number of articles of the Law on tax management; the Law on amendments to the Law on tax management and the Government's Decree No. 83/2013/ND-CP dated July 22, 2013. The collectors shall transfer collected fees according to the percentage set forth in Article 5 herein to state budget according to corresponding chapter, section and sub-section in the list of state budget entries.
Article 5. Management and use of fees
1. Each collector may retain 60% of the sum of collected fees to cover its expenditures for service provision and fee collection, and transfer the remains (40%) to the state budget, except for cases regulated in Clause 2 of this Article. The retained amount shall be managed and used in accordance with regulations in Article 5 of the Government's Decree No. 120/2016/ND-CP dated August 23, 2016 detailing and guiding the implementation of a number of articles of the Law on fees and charges.
2. The collector that is a state authority and not allowed to retain collected fees to cover its operating expenditures as regulated in Clause 1 Article 4 of the Government's Decree No. 120/2016/ND-CP dated August 23, 2016 detailing and guiding the implementation of a number of articles of the Law on fees and charges must transfer 100% of the collected fees to state budget. The funding for covering expenditures for service provision and fee collection shall be covered by funding from state budget included in that collector’s estimate under policies and levels of state budget expenditures as regulated by laws.
Article 6. Implementation organization and provisions
1. This Circular takes effect as of January 01, 2017 and supersede the Circular No. 70/2012/TT-BTC dated May 03, 2012 by Minister of Finance providing for fees for acquiring and using the national remote sensing data, the collection, management and transfer thereof.
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