How much are the fees for mining and use of environmental data in Vietnam according to Circular 65/2023/TT-BTC?
- How much are the fees for mining and use of environmental data in Vietnam according to Circular 65/2023/TT-BTC?
- How much of the collected fees may be retained in order to cover the costs of environmental data service provision in Vietnam?
- What are the responsibilities and rights of users of natural resources and environment data in Vietnam?
- Vietnam: Where is the list of natural resources and environment data published?
How much are the fees for mining and use of environmental data in Vietnam according to Circular 65/2023/TT-BTC?
Pursuant to Section I of the Fee Schedule issued with Circular 65/2023/TT-BTC stipulating the fees for mining and use of environmental data from December 15, 2023 as follows:
No. | Type of document | Unit | Fee (dong) |
III | Database |
|
|
1 | Environmental database at 1/250,000; 1/500,000; 1/1,000,000 scale | Piece | 9,145,000 |
2 | Environmental database at 1/25,000; 1/50,000; 1/100,000 scale | Piece | 1,715,000 |
3 | Environmental database at 1/10,000 scale | Piece | 975,000 |
4 | Environmental database at 1/5,000 scale | Piece | 575,000 |
5 | Environmental database at 1/2,000 scale | Piece | 460,000 |
How much are the fees for mining and use of environmental data in Vietnam according to Circular 65/2023/TT-BTC?
How much of the collected fees may be retained in order to cover the costs of environmental data service provision in Vietnam?
Pursuant to the provisions of Article 6 of Circular 65/2023/TT-BTC, regulations on management and use of fees for mining and use of environmental data are as follows:
Management and use of fees
1. The fee collector may retain 70% of the total amount of collected fees in order to cover its costs of service provision and fee collection in accordance with regulations in Article 5 of the Government’s Decree No. 120/2016/ND-CP dated August 23, 2016. The remaining amount (30%) must be transferred to the state budget according to corresponding chapters and sub-items of the current State Budget Index.
2. The collector that is a state authority and is not allowed to retain collected fees to cover its operating costs as regulated in clause 1 Article 4 of the Government's Decree No. 120/2016/ND-CP dated August 23, 2016 must transfer 100% of the collected fees to the state budget. The funding for service provision and fee collection shall be covered by the funds derived from state budget and included in that collector’s cost estimate under policies and levels of state budget expenditures.
Thus, based on the above regulations, the fee collector may retain 70% of the total amount of collected fees in order to cover its costs of service provision and fee collection.
The collector that is a state authority and is not allowed to retain collected fees to cover its operating costs must transfer 100% of the collected fees to the state budget
What are the responsibilities and rights of users of natural resources and environment data in Vietnam?
Article 20 of Decree 73/2017/ND-CP on responsibility of users of natural resources and environment data is as follows:
Responsibility of users of natural resources and environment data
A user of natural resources and environment data shall have the following responsibility and rights:
1. Comply with principles for using natural resources and environment data prescribed in Article 5 herein.
2. Not to provide natural resources and environment data to the third party for use, except the cases where it is agreed upon in the written agreement signed by and between the user and data-providing agency.
3. Not to falsify information and data obtained for use.
4. Pay fees for using natural resources and environment data as prescribed in Article 8 herein.
5. Abide by regulations of the law on intellectual property.
6. Timely give notification to the data-providing agency of mistakes of provided data.
7. Make complaint or denunciation of actions against the user’s rights to use data in accordance with regulations of the law.
8. Receive compensation in accordance with regulations of law in case the data-providing agency provides inaccurate data resulting in causing damage to the user.
Users of natural resources and environment data have the above responsibilities and rights.
Vietnam: Where is the list of natural resources and environment data published?
Pursuant to the provisions of Article 15 of Decree 73/2017/ND-CP, the provisions are as follows:
Announcement of list of natural resources and environment data
1. The list of natural resources and environment data is published on specialized websites or portals or publications. The natural resources and information data must be published in accordance with regulations on protection of state secrets in the natural resources and environment sector and provisions of the Law on Access to Information.
2. Ministry of Natural Resources and Environment shall publish the list of national-scale natural resources and environment data; ministries shall publish the list of natural resources and environment data under their management; Provincial-level People’s Committees shall publish the list of provincial natural resources and environment data.
Thus, based on the above regulations, the list of natural resources and environment data is published on specialized websites or portals or publications.
Circular 65/2023/TT-BTC comes into force from December 15, 2023
LawNet