Thông tư 187/2016/TT-BTC phí khai thác và sử dụng dữ liệu viễn thám quốc gia

THEMINISTRY OF FINANCE 

Circular No.187/2016/TT-BTC dated November08, 2016of the Ministry of Financeproviding for the feesfor acquiring and using national remote sensing data, the collection, transfer, exemptionand 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 theDecision No.81/2010/QD-TTgdated December 13, 2010; Decision76/2014/QD-TTgdated 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 toprovidefor the fees for acquiring and using national remote sensing data, the collection, transfer, exemption and management thereof.

Article 1. Scopeof adjustment and subject of application

1.This Circularprovidesfor the fees for acquiring and using national remote sensing data, the collection, transfer, exemption and management thereof.

2. This Circularapplies to authorities, organizations and individuals that get involved in the management, acquisition and use of thenational 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. Thefees for acquiring and usingthenational remote sensing dataare 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 05thday of every month,eachcollector must transfer the fees collected in the previous monthinto the designated state budget account which is opened at the State Treasury.

2. The collectorsmustdeclare and transfercollected feeson a monthly basis, and make statement of fees on an annual basisin 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 statebudget according to corresponding chapter,sectionand sub-sectionin the list of state budget entries.

Article 5. Management and use of fees

1.Eachcollectormayretain60% of the sum ofcollected fees to cover its expendituresfor 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 ofthe 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 1Article4of 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 chargesmust transfer 100% of the collected fees to state budget. The funding for covering expendituresforservice provision and fee collectionshall be covered by funding from state budget included inthatcollector’sestimate under policies and levels of state budget expenditures as regulated by laws.

Article 6. Implementation organization and provisions

1. This Circulartakeseffect as of January 01, 2017 and supersede the Circular No. 70/2012/TT-BTC datedMay 03, 2012by Minister of Finance providing for fees foracquiring andusingthe national remote sensing data, the collection, management and transfer thereof.

2. Other contents related to thefeecollection,transfer, management, use, receipts and announcement of regulations onfeecollection, which are not provided for in this Circular, shall be performed in conformity with regulationsofthe Law on fees and charges, 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, 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, and the CircularNo.153/2012/TT-BTCdated September 17, 2012by Minister of Finance providing for the printing, issuance, management and use of receipts of fees and charges under the government revenues and other documents on amendments and supplements thereof (if any).

3.Any difficultiesarising in the course ofimplementation of this Circular should be promptly reported to Ministry of Finance for consideration./.

For the Minister

The Deputy Minister

Vu Thi Mai

SCHEDULES OFFEES FOR ACQUIRING AND USING THE NATIONAL REMOTE SENSING DATA

(Attached with the Circular No. 187/2016/TT-BTC dated November 08, 2016 by Minister of Finance)

1.Fees for using original satellite images – level 1A processing

Schedule 1:

Unit: VND/Scene

2.Fees for satellite imagesgeo-referenced, spectrally analyzed and converted into user coordinates

Schedule 2: Level 2A geo-referenced images

Unit: VND/Scene

Schedule 3:Spot 2, 4, 5- Level 3B geo-referenced images oftopographical map

Unit: VND/Piece

3.Fees for using VNREDSat-1images

Schedule 4:

4.Remote-sensing images with equivalent technical characteristics received by ground receiving stations of foreign partners

Schedule 5:

5.Fees for Spot 6, Spot 7 images

Schedule6: Spot 6, 7 - Level 3B georeferenced images of topographical map

Unit: VND/Piece

Note: “Fused” image referred to in the said schedules includes a pair of Panchromatic and Multispectral image.