To abolish regulations on the declaration and transfer of notary and authentication fees and charges in Vietnam

To abolish regulations on the declaration and transfer of notary and authentication fees and charges in Vietnam (Internet image) 

The Minister of Finance issued Circular 74/2022/TT-BTC dated December 22, 2022, stipulating the form and deadline for collection, payment, and declaration of fees and charges in Vietnam under the regulatory authority of the Ministry of Finance:

1. To abolish regulations on the declaration and transfer of notary and authentication fees and charges in Vietnam

Clause 6 of the Appendix attached to Circular 74/2022/TT-BTC stipulates the abolition of Clause 2, Article 5 of Circular 257/2016/TT-BTC:

Article 5. Declaration and transfer of fees and charges

...

2. The collector of fee/ charge that is the Bureau of Judicial Affairs Support, Department of Justice or the Notary Office must declare and transfer collected fees/ charges to state budget in accordance with regulations in Clause 3 Article 19 and Clause 2 Article 26 of the Circular No. 156/2013/TT-BTC dated November 06, 2013 by Minister of Finance providing guidance on a number of articles of the Law on tax management; the Law on amendments to the Law on tax management and the Government's Decree No. 83/2013/ND-CP dated July 22, 2013.

2. Current fee and charge for some notary and authentication services in Vietnam

Article 4 of Circular 257/2016/TT-BTC regulates the current fees and charges for some notary and authentication services as follows:

(1) Notarial service fees prescribed in this Circular shall be consistently applied to both Notary Offices and Private Notary Offices. If collectors are Notary Offices, the fees precribed in this Circular have included VAT in accordance with regulations of the Law on value-added tax and its instructional documents.

(2) Fees for notarization of contracts or transactions according to the value of property or the value of contract/transaction:

- Fees for notarization of contracts/ transactions:

+ Notarization of contracts for transfer, donation, division, merging, exchange or contribution of capital by land use right: The notarial service fee shall be calculated according to the value of the land use right.

+ Notarization of contracts for transfer, donation, division, merging, exchange or contribution of capital by land use right and properties attached to land including house and structures on land: The notarial service fee shall be calculated according to the sum of the value of the land use right and the values of properties attached to land, including the values of house and structures on land.

+ Notarization of contracts for sale or donation of other properties, or contribution of capital by other properties: The notarial service fee shall be calculated according to the value of property.

+ Notarization of agreements on division of inherited property or declaration of inherited property: The notarial service fee shall be calculated according to the value of inherited property.

+ Notarization of loan agreements: The notarial service fee shall be calculated according to the loan.

+ Notarization of property mortgage or pledge agreements: The notarial service fee shall be calculated according to the value of property. In case the loan is specified in the property mortgage or pledge agreement, the notarial service fee shall be calculated according to that loan.

+ Notarization of economic contracts, commercial contracts, investment or business contracts: The notarial service fee shall be calculated according to the value of contract/ transaction.

+ Fees for notarization of lease of land use right, lease of residential house, lease or sublease of property:

More details can be found in Circular 257/2016/TT-BTC.

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

Nhu Mai

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE