10:42 | 09/03/2023

How much is the current enterprise registration fee? Who has the competence to collect fees and charges for enterprise registration in Vietnam?

May I ask: How much is the current enterprise registration fee? Who has the competence to collect fees and charges for enterprise registration in Vietnam? Question of Ms. Thuy from Quang Ngai.

What is the current enterprise registration fee in Vietnam?

Pursuant to the Appendix to the List of fees and charges for enterprise registration promulgated together with Circular 47/2019/TT-BTC stipulating as follows:

Charges for enterprise registration (consist of: issuance, reissuance, amendments to the Enterprise registration certificate and the certificate of registration for branches, representative offices, business location of the enterprise) is 50,000 VND per registration.

How much is the current enterprise registration fee? Who has the competence to collect fees and charges for enterprise registration in Vietnam?

How much is the current enterprise registration fee? Who has the competence to collect fees and charges for enterprise registration in Vietnam? (Image from the Internet)

Who has the competence to collect fees and charges for enterprise registration in Vietnam?

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

Collection authorities
1. The Enterprise Registration Support Center affiliated to the Department of Enterprise 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 provisions, the competence to collect fees and charges for enterprise registration 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.

Which cases are eligible for fee/charge exemption?

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 enterprise 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 enterprise registration exemption.

- Enterprises applying for enterprise registration online are eligible for fee of enterprise 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 enterprise registration and charges of providing enterprise information.

How to manage enterprise registration fees and charges in Vietnam?

Pursuant to Article 7 of Circular 47/2019/TT-BTC stipulating the management of enterprise 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 No. 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 No. 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 No. 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 No. 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.

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