Amendment to Circular No. 126 on Fees and Charges from December 22, 2022

Are the current regulations on fees and charges going to be amended or supplemented? – Hoang Phuc (Binh Dinh)

Amendment of 126 circulars on fees and charges from December 22, 2022

Amendment of 126 circulars on fees and charges from December 22, 2022 (Image from the internet)

Regarding this matter, LawNet provides the following explanation:

On December 22, 2022, the Minister of Finance issued Circular 74/2022/TT-BTC regulating the forms, deadlines for collecting, paying, and declaring the fees and charges under the jurisdiction of the Ministry of Finance.

Amendment of 126 circulars on fees and charges from December 22, 2022

Amending 126 circulars on fees and charges from December 22, 2022, as follows:

- Repeal of Clause 3, Article 4 of Circular 138/2016/TT-BTC regulating the collection, policies for collection, and payment of charges for permits for foreign crew members to disembark, permits for foreign ships to dock, permits for Vietnamese persons controlling vehicles to side up foreign ships, and permits for Vietnamese and foreign persons to conduct journalism, scientific research, and tourism activities related to foreign ships.

- Repeal of Clause 3, Article 3 of Circular 140/2016/TT-BTC regulating the collection, policies for collection, and payment of charges for work permits during holidays for New Zealand and Australian citizens.

- Repeal of Clause 1, Article 4 of Circular 142/2016/TT-BTC regulating the collection, policies for collection, payment, management, and use of assessment fees for the issuance of certificates of business valuation service eligibility.

- Repeal of Clause 1, Article 5 of Circular 143/2016/TT-BTC regulating the collection, policies for collection, and payment of charges for permits for the establishment of representative offices of foreign trade promotion organizations and foreign traders in Vietnam.

- Repeal of Clause 2, Article 5 of Circular 144/2016/TT-BTC regulating the collection, policies for collection, payment, management, and use of museum admission fees.

- Repeal of Clause 2, Article 4 of Circular 148/2016/TT-BTC regulating the collection, policies for collection, payment, management, and use of assessment fees for the issuance of licenses to use industrial explosives.

- Repeal of Clause 1, Article 4 (regulating declaration and payment of charges) of Circular 150/2016/TT-BTC regulating the collection, policies for collection, and payment of charges for permits for the establishment and operation of credit institutions; permits for the establishment of branches of foreign banks, representative offices of foreign credit institutions, and other foreign organizations engaged in banking activities; permits for the provision of intermediary payment services for non-bank organizations.

- Repeal of Clause 2, Article 4 and Clause 2, Article 5 of Circular 156/2016/TT-BTC regulating the collection, policies for collection, payment, management, and use of assessment fees for the issuance of certificates for multi-level marketing activity registration.

- Repeal of Clause 2, Article 6 of Circular 157/2016/TT-BTC regulating the collection, policies for collection, payment, management, and use of consular certification and legalization fees.

Payment Methods for Fees and Charges

Persons liable for fees and charges shall make payments using one of the following methods:

- Payment of fees and charges in a cashless form into the fee-collecting organization's account for collecting fees and charges opened at a credit institution.

For fees and charges collected by the State Bank of Vietnam, the payer shall make payments into either the fee-collecting organization's account for collecting fees and charges opened at a credit institution or the State Bank of Vietnam.

- Payment of fees into the pending fee payment account of the collecting organization opened at the State Treasury.

- Payment of fees and charges through the account of another agency or organization that is different from the fee-collecting organization (applicable to cases of executing administrative procedures, providing online public services in accordance with Government of Vietnam regulations on the single-window and interconnected single-window mechanism in administrative procedure settlement).

Within 24 hours from the time of receiving the fees and charges, the receiving agency or organization must transfer all collected fees and charges into the fee-collecting organization's account for collecting fees and charges opened at a credit institution or transfer all collected fees into the pending fee payment account of the collecting organization opened at the State Treasury and pay all collected charges into the state budget.

- Payment of fees and charges in cash to the fee-collecting organization.

Circular 74/2022/TT-BTC takes effect from December 22, 2022.

Diem My

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