What is the Circular 12/2024/TT-BTC on prescribing fees for processing of applications for certificate of biosafety in genetic modification in Vietnam?
- What is the Circular 12/2024/TT-BTC on prescribing fees for processing of applications for certificate of biosafety in genetic modification in Vietnam?
- What are the cases of revocation of biosafety certificates in Vietnam?
- Vietnam: How much money does a collector retain from collected fees to cover its expenses incurred during application processing and fee collection?
What is the Circular 12/2024/TT-BTC on prescribing fees for processing of applications for certificate of biosafety in genetic modification in Vietnam?
On February 5, 2024, the Minister of Finance issued Circular 12/2024/TT-BTC on prescribing fees for processing of applications for certificate of biosafety in genetic modification, collection, payment, transfer, management and use thereo.
Circular 12/2024/TT-BTC applies to payers; collectors; other organizations and individuals involving in collection, payment, transfer, management and use of fees for processing of applications for certificate of biosafety of genetically modified crops
Pursuant to Article 4, Circular 12/2024/TT-BTC stipulates the fee for appraisal of dossiers for granting genetically modified biosafety certificates:
Fees
The fee for processing each application for certificate of biosafety of genetically modified crops shall be VND 70.000.000.
Thus, compared to the current regulations in Article 3 of Circular 186/2016/TT-BTC, the fee for processing each application for certificate of biosafety of genetically modified crops remains the same at VND 70.000.000.
However, the organization collecting fee for processing each application for certificate of biosafety of genetically modified crops will change from March 21, 2024:
- Before March 21, 2024: The organization responsible for appraisal fees is the General Department of Environment under the Ministry of Natural Resources and Environment (according to Article 2, Clause 2 of Circular 186/2016/TT-BTC amended by Article 2 of Circular 55/2018/TT-BTC)
- From March 21, 2024: The organization responsible for appraisal fees is the Ministry of Natural Resources and Environment or a state agency under the Ministry of Natural Resources and Environment assigned to carry out the appraisal of application for certificate of biosafety of genetically modified crops in accordance with the law (as stated in Article 3 of Circular 12/2024/TT-BTC)
What is the Circular 12/2024/TT-BTC on prescribing fees for processing of applications for certificate of biosafety in genetic modification in Vietnam?
What are the cases of revocation of biosafety certificates in Vietnam?
Pursuant to Article 24 of Decree 69/2010/ND-CP, the revocation of biosafety certificates is as follows:
Revocation of biosafety certificates
1. A biosafety certificate shall be revoked in the following cases:
a/ There is a new scientific proof of the risks of genetically modified organisms that have been granted a biosafety certificate:
b/ Organizations or individuals intentionally provide untruthful information which is decisive to the grant of the biosafety certificate:
c/ There is a proof that the Biosafety Council's conclusions lack scientific grounds.
2. The Ministry of Natural Resources and Environment shall decide to revoke biosafety certificates, issue written notices to organizations or individuals having such biosafety certificates and publish the revocation in the mass media.
3. From the date of issuance of decisions revoking biosafety certificates, organizations and individuals are disallowed to release into the environment genetically modified organisms with revoked biosafety certificates.
Thus, a biosafety certificate shall be revoked in the following cases:
- There is a new scientific proof of the risks of genetically modified organisms that have been granted a biosafety certificate:
- Organizations or individuals intentionally provide untruthful information which is decisive to the grant of the biosafety certificate:
- There is a proof that the Biosafety Council's conclusions lack scientific grounds.
Vietnam: How much money does a collector retain from collected fees to cover its expenses incurred during application processing and fee collection?
Article 6 of Circular 12/2024/TT-BTC stipulates the management and use of fees as follows:
Management and use of fees
1. Each collector may retain 80% of total collected fees to cover its expenses incurred during application processing and fee collection as prescribed in clause 4 Article 1 of the Government's Decree No. 82/2023/ND-CP dated November 28, 2023, and shall transfer the remaining amount equaling 20% of total collected fees to state budget according to corresponding chapter, section and sub-section in the list of state budget entries.
2. The collector that is a regulatory authority ineligible for use of a pre-determined amount of collected fees to cover its operating expenses as prescribed in clause 3 Article 1 of the Government's Decree No. 82/2023/ND-CP must transfer total amount of collected fees to the state budget. Expenses incurred during application processing and fee collection shall be covered by state budget-derived fund which is included in the collector’s cost estimate under policies and levels of state budget expenditures as per laws.
Accordingly, each collector may retain 80% of total collected fees to cover its expenses incurred during application processing and fee collection as prescribed in clause 4 Article 1 of the Government's Decree 82/2023/ND-CP
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