Thông tư liên tịch 91/2008/TTLT-BTC-BTP của Bộ Tài chính và Bộ Tư pháp hướng dẫn về mức thu, chế độ thu, nộp, quản lý và sử dụng phí công chứng

JOINT CIRCULAR

GUIDING THE RATES AND THE COLLECTION, REMITTANCE, MANAGEMENT AND USE OF NOTARIZATION CHARGES

Pursuant to the November 29, 2006 Law on Notarization;

Pursuant to the August 28. 2001 Ordinance on Charges and Fees:

Pursuant to the Government's Decree No. 02/ 200S/ND-CP of January 4. 2008. detailing and guiding the implementation of a number of articles of the Law on Notarization;

Pursuant to the Government's Decree No. 57/ 2002/ND-CP of June 3. 2002. and Decree No. 24/2006/ND-CP of March 6, 2006, amending and supplementing a number of articles of the Government's Decree No. 57/2002/ND-CP of June 3. 2002. detailing the implementation of the -Ordinance on Charges and Fees;

The Ministry  of Finance and the Ministry of Justice jointly guide the rates and the collection, remittance, management and use of notarization charges as follows:

I. SCOPE OF APPLICATION

1. Notarization charges must be paid for the notarization of contracts and transactions, archival of testaments and issue of copies of notarized documents prescribed in the Law on Notarization and the Government's Decree No. 02/2008/ND-CP of January 4. 2008, detailing and guiding the implementation of a number of articles of the Law on Notarization.

2. Notarization charge payers are Vietnamese and foreign organizations and individuals that request the notarization of contracts or transactions, archive of testaments or issue of copies of notarized documents.

3. Notarization charge-collecting units include notarial bureaus and notarial offices (below referred to as charge-collecting units).

II. RATES AND THE COLLECTION, REMITTANCE, MANAGEMENT AND USE OF NOTARIZATION CHARGES

1. Rates

The rales of notarization charges prescribed in this Circular shall be uniformly applied by notarial bureaus and notarial offices. For notarial bureaus, charge rates specified in this Circular are inclusive of value-added tax (if any) as prescribed in the Law on Value-Added Tax and guiding documents. Charges may be paid in a foreign currency after converting the charge amount in Vietnam dong into that foreign currency at the exchange rate on the inter-bank exchange market announced by the State Bank of Vietnam at the time of charge collection, if charge payers so wish.

a/ The rate of charges for the notarization of contracts or transactions to be determined based on the value of property or the value of contracts or transactions:

a.1. Contract or transaction notarization for which charges shall be determined based on the value of property or the value of contracts or transactions, including:

- Notarization of contracts on the transfer or donation of land use rights or the contribution of land use rights as capital (calculated based on the value of land-use rights);

- Notarization of contracts on the transfer or donation of land use rights with assets attached to land or the contribution of land-use rights with assets attached to land as capital (calculated based on the total value of land use rights and assets attached to land);

- Notarization of contracts on the sale/purchase or donation of other properties or contribution of other properties as capital (calculated based on the value of property);

- Notarization of contract on the rent of land use rights or property (calculated based on die total rents):

Notarization of agreements on the sharing of inheritance and documents on acceptance of inheritance (calculated based on the value of the inheritance);

- Notarization of contracts on capital borrowings (calculated based on the value of loans);

- Notarization of contracts on property mortgage or pledge (calculated based on the value of property): if the value of loans is stated on contracts on property mortgage or pledge, calculated based on value of loans):

- Notarization of economic, commercial, investment and business contracts (calculated based on the value of contracts).

For contracts and transactions concerning land use rights or properties with prices determined by competent state agencies, the value of land use rights or property used to calculate notarization charges shall be the one agreed upon by parties to these contracts or transactions: if the prices of land or property agreed upon by parties arc lower than those prescribed by competent state agencies at the time of notarization, the value to be used to calculate notarization charges is specified as follows: The value of land use rights or property used to calculate notarization charges = Land area or the quantity of property stated in the contract or transaction (x) the price of land or property prescribed by a competent state agencies.

a.2. The rates of charges for the notarization of contracts and transactions (determined based on the value of property or the value of contracts or transactions | are specified as follows:

b/ Rates of charges for the notarization of contracts or transactions not based on the value of property or the value of contracts or transactions are specified as follows:

c/ The rate of charge for archive of testaments: VND 100,000/case.

d/ The rate of charges for the issue of copies of notarized documents: VND 5.000/page. from the third page, charges shall be collected at the rate of VND 3,000/page but the total charge amount must not exceed VND 100,000/document.

2. Collection, remittance, management and use of notarization charges

a/ When the request for the notarization of contracts or transactions, archival of testaments or issue of copies of notarized documents has been completed, notarization requestors shall pay notarization charges.

b/ Charge-collecting units shall make and issue receipts to charge payers as follows:

- Notarial bureaus shall make and issue receipts to charge payers in accordance with the Finance Ministry's regulations on issuance, management and use of invoices.

- Notarial offices shall make and issue receipts to charge payers in accordance with the Finance Ministry's regulations on issuance, management and use of lax prints.

c/ Management and use of notarization charges

c.l. For notarial bureaus: Notarization charges constitute a state budget revenue which shall be managed and used as follows:

- Charge-collecting units may deduct 50% (fifty percent) of the collected charge amounts to cover expenses for the management and charge collection in accordance with regulations.

- Charge-collecting units shall remit 50% (fifty percent) of the collected charge amounts into the state budget according to the corresponding chapter, category, item and sub-item of the current state budget index.

c.2. For notarial offices: Notarization charges are not state budget revenues. Collected charge amounts constitute turnover of charge-collecting units. Charge-collecting units shall pay taxes on the collected charge amounts in accordance with law and may manage and use the collected charge amounts left after paying tax in accordance with law. Annually, charge-collecting units shall make tax finalization of the collected charge amounts with lax offices in accordance with current tax law.

III. ORGANIZATION OF IMPLEMENTATION

1. This Circular takes effect 15 days after its publication in "CONG BAO." It replaces the provisions on notarization fees and service charges specified in Joint Circular No. 93/2001/TTLT-BTC-BTP of November 21, 2001. of the Ministry of Finance and the Ministry of Justice guiding the collection, remittance, management and use of notarization and authentication charges and fees.

2. Other provisions on the collection, remittance, management use and publicization of charges not yet guided in this Circular comply with the guidance in the Finance Ministry's Circular No. 63/2002/ TT-BTC of July 24, 2002, and Circular No. 45/ 2006/TT-BTC of May 25, 2006, amending and supplementing Circular No. 63/2002/TT-BTC of July 24.2002. guiding the implementation of legal provisions on charges and fees.

3. Any problems arising in the course of implementation should be promptly reported to the Ministry of Finance and the Ministry of Justice for consideration and additional guidance.