Thông tư liên tịch 33/2002/TTLT-BTC-BTP của Bộ Tài chính và Bộ Tư pháp hướng dẫn chế độ thu, nộp và quản lý sử dụng lệ phí đăng ký và phí cung cấp thông tin về giao dịch bảo đảm và tài sản cho thuê tài chính

JOINT CIRCULAR

GUIDING THE REGIME OF COLLECTION, REMITTANCE AND USE MANAGEMENT OF FEE FOR REGISTRATION OF AND CHARGE FOR SUPPLY OF INFORMATION ON SECURITY TRANSACTIONS AND FINANCIAL LEASING ASSETS

Pursuant to the Ordinance on Charges and Fees and documents guiding the implementation thereof;

Pursuant to the Government s Decree No.08/2000/ND-CP of March 10, 2000 on registration of security transactions and Decree No.16/2001/ND-CP of May 2, 2001 on organization and operation of financial leasing companies;

Pursuant to the Value Added Tax Law and Enterprise Income Tax Law;

The Ministry of Finance and the Ministry of Justice hereby jointly guide the regime of collection, remittance and use management of fee for registration of and charge for supply of information on security transactions and financial leasing assets, as follows:

A. THE FEE FOR REGISTRATION OF SECURITY TRANSACTIONS AND FINANCIAL LEASING ASSETS

I. FEE PAYERS AND LEVELS

1. Vietnamese and foreign organizations and individuals, when registering their security transactions and financial leasing assets with the security transaction registering agencies defined in Article 2 of the Government s Decree No.08/2000/ND-CP of March 10, 2000 on registration of security transactions and Article 19 of the Government s Decree No.16/2001/ND-CP of May 2, 2001 on organization and operation of financial leasing companies, shall have to pay the fee prescribed in this Decree. The following cases shall not be subject to the fee:

- Requests for correction of errors in certificates of security transaction registration and financial leasing assets due to faults of registrars;

- Requests for deletion of registration of security transactions and financial leasing assets.

2. The levels of the fee for registration of security transactions and financial leasing assets are specified in Appendices 1 and 2 promulgated together with this Circular. In some specific cases, they shall be effected as follows:

a/ For organizations and individuals that register their security transactions according to provisions of Article 19 of Vietnam s Civil Aviation Law of April 1, 1992, the fee levels specified in the Finance Minister s Decision No.116/1999/QD-BTC of September 21, 1999, promulgating the table of fee rates for State management over aviation, shall apply.

b/ The levels of fee for registration of security transactions and financial leasing assets via electronic devices shall be specified in other documents.

3. The fee for registration of security transactions and financial leasing assets shall be collected in Vietnam dong.

II. ORGANIZATION OF FEE COLLECTION, REMITTANCE AND USE MANAGEMENT

1. The security transaction registering agencies defined in Article 8 of Decree No.08/2000/ND-CP and Article 19 of Decree No.16/2001/ND-CP mentioned above shall have to organize the collection of the fee for registration of security transactions and financial leasing assets.

2.The security transaction registering agencies shall have to:

a/ Publicly post up at their offices the fee rates for registration of security transactions and financial leasing assets.

b/ Upon collecting the fee, give the fee payers fee collection receipts issued by the Ministry of Finance (the General Tax Department). Receipts shall be received at Tax Departments of localities where the security transaction registering agencies are located, and managed and used according to the regulations of the Ministry of Finance.

The security transaction registering agencies shall have to open custody accounts for collected security transaction and financial leasing asset registration fee amounts (including amounts in cash, check or account transfers) at the State Treasury where security transactions are conducted. Particularly, collected amounts in cash must be listed everyday or at least once every 10 days and remitted into the State Treasury.

c/ Register, declare and pay the registration fee with the tax agencies in localities where they are headquartered.

d/ Settle fee collection receipts and make final settlement of collection and remittance of collected fee amounts with the direct managing tax agencies in strict compliance with the provisions of the Ordinance on Charges and Fees and documents guiding the implementation thereof, ensuring that all fee revenue - expenditure amounts shall be fully reflected in annual financial estimates and settlements of the units.

3.The security transaction-registering agencies are allowed to temporarily deduct 30% of the total actually collected fee amount before it is remitted into the State budget to cover the expenses for the collection of security transaction- and financial leasing asset-registration fee according to the following specific items:

a/ Expenses for wages or remunerations, allowances or contributions based on wages or remunerations according to the current regime, to be paid to laborers hired from outside for direct collection of fee (including remunerations paid for overtime work performed by officials and employees of the security transaction registering agencies according to the prescribed regime).

b/ Expenses paid in direct service of the fee collection such as: stationery, official supplies, telephone, electricity, water, working trip allowance and public duty allowance according to the current criteria and levels.

c/ Expenses for regular repairs or overhauls of assets, machinery and equipment in direct service of the collection of security transaction- and financial leasing asset-registration fee.

d/ Expenses for procurement of supplies and/or raw materials and other expenses directly related to the collection of security transaction- and financial leasing asset-registration fee.

e/ Deductions for setting up reward funds for officials, employees and staff members of the security transaction registering agencies who directly involve in the fee collection. The annual per-capita deduction level for setting up reward fund shall not exceed three months’ actually paid wage.

The whole amount of the fee for registration of security transactions and financial leasing assets, which is temporarily deducted according to the above regulations, must be used for the right purposes, evidenced by lawful vouchers and annually settled by the security transaction-registering agencies. If it is not used up, the remainder thereof shall be remitted into the State budget.

4. After the amount temporarily deducted at the rate (30%) prescribed at Point 3 of this Section is subtracted from the total amount of actually collected fee for registration of security transactions and financial leasing assets (including amounts collected in cash, check or account transfer), the remainder (70%) shall be remitted into the State budget (to corresponding chapter, category, item, section 046 of the current State budget index) within the time limit and in compliance with the procedures prescribed in the Ordinance on Charges and Fees and documents guiding the implementation thereof.

5. Drafting and execution of revenue-expenditure estimates of the fee for registration of security transactions and financial leasing assets:

a/ Annually, basing themselves on the collection levels of fee for registration of security transactions and financial leasing assets, the expense contents guided in this Circular and the current financial expenditure regime, the security transaction registering agencies shall draft detailed fee revenue-expenditure estimates according to the current State budget index, then submit them to the superior management agencies for approval and integration, concurrently send them to the finance agencies of the same level for approval.

b/ Basing themselves on the annual revenue-expenditure estimates already approved by the competent agencies, the agencies in charge of registration of security transactions and financial leasing assets shall draft detailed quarterly revenue-expenditure estimates according to the State budget index, then send them to the managing agencies, the State Treasury where transactions are conducted, and finance agencies of the same level, for use as basis for revenue-expenditure control.

6. Final settlement of revenue-expenditure of security transaction- and financial leasing asset-registration fee

a/ The security transaction registering agencies shall have to open accounting books for recording, accounting and settling the fee revenue-expenditure amounts according to the current administrative and non-business accounting regime; make the settlement of revenue vouchers and fee amounts already collected and remitted into the State budget with the tax agencies directly managing them, submit reports on settlement of collected and remitted amounts of fee for registration of security transactions and financial leasing assets to the tax agencies before the end of February of the year following the reporting year, and fully remit the outstanding fee amount into the State budget within 10 days after the reports are submitted.

b/ The superior managing agencies of the security transaction registering agencies shall have to inspect and certify the revenue-expenditure settlement of the fee for registration of security transactions and financial leasing assets of their attached security transaction registering agencies, sum up and send the annual settlement reports to the finance agencies for evaluation and notification of approval of such settlements together with annual settlements of the managing agencies according to the provisions of the current State Budget Law.

B. CHARGE FOR SUPPLY OF INFORMATION ON SECURITY TRANSACTIONS AND FINANCIAL LEASING ASSETS

I. CHARGE APPLICATION SCOPE AND LEVELS

1. Organizations and individuals that have requests for and are supplied by the security transaction registering agencies with information on security transactions and financial leasing assets shall have to pay information supply service charge to the security transaction registering agencies.

2. Levels of service charge for supply of information on security transactions and financial leasing assets, promulgated together with this Circular are VAT-included charge levels.

II. MANAGEMENT OF THE USE OF COLLECTED CHARGE AMOUNTS

The security transaction-registering agencies that are entitled to collect the information supply service charge shall have to:

1.Collect the information supply service charge at levels prescribed in this Circular. Upon providing information services, they shall observe the invoice and voucher regime prescribed by law. For services of supply of information on security transactions and financial leasing assets valued lower than the prescribed level, no invoice is required. If information supply requesters ask for invoices, invoices shall be billed. If invoices are not billed, a list of services shall be drawn up to serve as basis for tax calculation.

2. Open accounting books for monitoring and separately accounting expenses for and turnover from services of supply of information on security transactions and financial leasing assets according to the legislation on accounting and statistics.

3. The remainder of the charge amounts collected for information supply services by the security transaction-registering agencies, after the defrayal of necessary and reasonable expenses (including remunerations for laborers hired from outside, if any) in direct service of service activities (with lawful invoices and vouchers), and full payment of value added tax and enterprise income tax as prescribed by law, shall be managed and used according to the Government’s Decree No.10/2002/ND-CP of January 16, 2002 on financial regime applicable to non-business units with revenues.

C. ORGANIZATION OF IMPLEMENTATION

1. This Circular takes effect 15 days after its signing. The previous stipulations on the fee for registration of security transactions and financial leasing assets and the charge for supply of information on security transactions and financial leasing assets, which are contrary to this Circular, are all hereby annulled.

Particularly for security transactions and financial leasing assets concluded or contracted before the effective date of this Circular and still in execution duration, if they are registered with the security transaction-registering agencies within three months after the effective date of this Circular, they shall be exempt from the registration fee.

2. The Finance and Pricing Services and Tax Departments of the provinces and centrally-run cities, the security transaction registering agencies and fee and charge payers shall have to strictly implement the provisions of this Circular.

Any problems arising in the course of implementation of this Circular should be promptly reported by the concerned agencies, organizations and individuals to the Ministry of Finance and the Ministry of Justice for study and additional guidance.

APPENDIX 1

TABLE OF LEVELS OF THE FEE FOR REGISTRATION OF AND THE CHARGE FOR SUPPLY OF INFORMATION ON SECURITY TRANSACTIONS
(Promulgated together with Joint Circular No. 33/2002/TTLT/BTC-BTP of April 12, 2002
of the Ministry of Finance and the Ministry of Justice)

APPENDIX 2

TABLE OF LEVELS OF THE FEE FOR REGISTRATION OF AND THE CHARGE FOR SUPPLY OF INFORMATION ON FINANCIAL LEASING ASSETS
(Promulgated together with Joint Circular No. 33/2002/TTLT/BTC-BTP of April 12, 2002
of the Ministry of Finance and the Ministry of Justice)