Regulations on declaration, collection, payment, management and use of fees and charges in Vietnam

Regulations on declaration, collection, payment, management and use of fees and charges in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are fees and charges?

Fees and charges under Article 3 of the Law on Fees and Charges 2015 are as follows:

- Fees are an amount of money that shall be paid by organizations or individuals to make up for expenses for public services provided by regulatory agencies, public service providers as assigned by competent state agencies as prescribed in the list of fees and charges enclosed with the Law on Fees and Charges 2015.

- Charges are a fixed amount of money that shall be paid by organizations or individuals for public services for state management provided by regulatory agencies as prescribed in the list of fees and charges enclosed with the Law on Fees and Charges 2015.

2. Regulations on declaration, collection, payment, management and use of fees and charges in Vietnam

Declaration, collection, payment, management and use of fees and charges according to Articles 11, 12 and 13 of the Law on Fees and Charges 2015 are as follows:

2.1. Declaration, payment in Vietnam

- Fees and charges as prescribed hereof are receipts of government revenues not subject to taxation.

- Payers shall carry out declaration and payment of fees and charges on a monthly, quarterly and annual basis or when they arise.

- Payers shall pay fees and charges to collectors or State Treasuries by cash, through credit institutions, service institutions and other manners as prescribed.

- Fees and charges collected in Vietnam shall be in Vietnam dong unless otherwise as regulated. Fees and charges collected overseas shall be in currency of home country or in freely convertible foreign currencies.

2.2. Collection, payment, management and use of fees in Vietnam

- Fees from public services provided by regulatory agencies shall be paid to state budget except for expenses for activities of provision of such public services.

Part or whole of fees from public services provided by public service providers shall be used to pay off expenses for provision of services, collection of fees based on cost estimates approved by competent state agencies and the remaining be paid to state budget

- Amount of money deducted and set apart as prescribed in Clause 1, this Article shall be used as follows:

+ The amount of money set apart for collectors to pay off expenses for provision of services and collection of fees Based on nature and characteristics of each kind of fees, competent state agencies shall make decision on amount of money being left for collectors;

+ The amount of money left shall be managed and used according to law provisions; final settlement should be made annually. The unspent balance in the year shall be transferred to following year for spending as prescribed.

- Part or whole of fees from public services provided by organizations as assigned by competent state agencies shall be used to pay off expenses for provision of services, collection of fees and the remaining be paid to state budget; Management and use of fees are prescribed by the law.

2.3. Collection and payment of charges in Vietnam

- Collectors should pay all collected charges to state budget in a timely manner.

- Expenses for collection of charges shall be allocated by state budget in collectors' cost estimates according to regulations and limits of the state budget.

Quoc Dat

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