01:51 | 11/10/2023

What are the cases of fee/charge exemption for business registration in Vietnam? What is the management of business registration fees and charges?

What are the cases of fee/charge exemption for business registration in Vietnam? What is the management of business registration fees and charges? - asked Mr. T.S (Hanoi)

What are the cases of fee/charge exemption for business registration in Vietnam?

Pursuant to Article 5 of Circular 47/2019/TT-BTC, entities eligible for fee/charge exemption include:

- Enterprises making amendments due to a change of administrative division are eligible for fee of business registration and charge of registered information declaration exemption.

- Enterprises registering for dissolution or business suspension; enterprises applying for shutdown of branches, representative offices, business location are eligible for fee of business registration exemption.

- Enterprises applying for enterprise registration online are eligible for fee of business registration exemption.

- Regulatory agencies applying for providing information serving state management purposes are eligible for charge of providing enterprise information exemption.

- Small-sized and medium-sized enterprises converted from business households are exempted from first-time fee of business registration and charges of providing enterprise information.

What are the cases of fee/charge exemption for business registration in Vietnam? What is the management of business registration fees and charges?

What is the management of business registration fees and charges in Vietnam?

Pursuant to Article 7 of Circular 47/2019/TT-BTC regulating the management of business registration fees and charges as follows:

- The Enterprise Registration Support Center is entitled to keep 85% of collected amount of fees for providing information about enterprises to cover expenditures prescribed in Article 5 of the Government's Decree 120/2016/ND-CP dated August 23, 2016. 15% of fees collected shall be paid to State budget according to the applicable State budget entries.

- Regarding the collecting authority being Departments of Planning and Investment:

The collecting authority shall transfer 70% of collected amount of fees for providing information about enterprises to the account of the Enterprise Registration Support Center. The transfer shall be made monthly. 30% of fees collected shall be paid to State budget according to the applicable State budget entries. Expenses associated with implementation and collection of fees shall be covered as specified in the collecting agency’s estimates according to regime and limits of State budget expenditures in accordance with regulations of law.

+ As for the collecting authority being state agencies prescribed in Clause 1 Article 4 of the Government's Decree 120/2016/ND-CP dated August 23, 2016, such authority shall transfer 70% of collected amount of fees for providing information about enterprises to the account of Enterprise Registration Support Center. The transfer shall be made monthly. 30% of the amount of fees collected to cover expenses prescribed in Article 5 of the Government's Decree 120/2016/ND-CP dated August 23, 2016.

+ The amount of fees for providing information about enterprises transferred by Departments of Planning and Investment to the Enterprise Registration Support Center prescribed in Point a and b Clause 2 of this Article is considered 100% and shall be allocated as follows: the Enterprise Registration Support Center is entitled to keep 85% of such amount to cover expenditures prescribed in Article 5 of the Government's Decree 120/2016/ND-CP dated August 23, 2016. 15% of such amount shall be paid to State budget according to the applicable State budget entries.

- The collecting authorities of charges shall pay 100% of charges collected to State budget according to the applicable State budget entries. Expenses associated with collection of charges shall be covered as specified in the collecting agency’s estimates according to regime and limits of State budget expenditures in accordance with regulations of law.

How much is the current business registration fee?

Based on the Appendix of Business Registration Fees and Charges issued with Circular 47/2019/TT-BTC, it is stipulated as follows:

Business registration fees (including: New issuance, re-issuance, change of content of Business Registration Certificate and Certificate of registration of branch operations, representative offices, and business locations of the enterprise ) is 50,000 VND/time.

What are the collecting authorities of business registration fees and charges in Vietnam?

Pursuant to Clause 2 and Clause 3, Article 3 of Circular 47/2019/TT-BTC stipulates as follows:

Collection authorities
1. The Enterprise Registration Support Center affiliated to the Department of Business Registration Management of the Ministry of Planning and Investment shall be the collecting authority of fees for providing information about enterprises.
2. Provincial Departments of Planning and Investment shall be the collecting authorities of charges for enterprise registration and fees for providing information about enterprises in the relevant province.
3. Investment registries shall be collecting authorities of charges for enterprise registration with respect to foreign investors, business entities with foreign investment in case of registration of investment or enterprises through the interlinked single-window system.

Thus, according to the above regulations, the authority to collect fees and business registration fees is as follows:

- Provincial Departments of Planning and Investment shall be the collecting authorities of charges for enterprise registration and fees for providing information about enterprises in the relevant province.

- Investment registries shall be collecting authorities of charges for enterprise registration with respect to foreign investors, business entities with foreign investment in case of registration of investment or enterprises through the interlinked single-window system.

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