21 fees under the decision-making authority of the provincial People's Council in Vietnam

21 fees under the decision-making authority of the provincial People's Council in Vietnam (Internet image)

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

1. 21 fees under the decision-making authority of the provincial People's Council in Vietnam

Article 2 of Circular 85/2019/TT-BTC (amended in Circular 106/2021/TT-BTC), stipulates a list of fees falling under the jurisdiction of the provincial People's Council, including:

- Fees for selection and recognition of mother trees, leading varieties, forestry plant varieties, and forest varieties (for selection and recognition activities conducted by local agencies).

- Fees for using infrastructure works, service works, and public utilities in the border gate area (including the land border gate area and the seaport border gate area).

- Fees for the temporary use of roadbeds and sidewalks.

- Entrance fees to scenic spots (for scenic spots under local management).

- Fees for visiting historical sites (for relics under local management).

- Fees for visiting cultural works and museums (for works under local management).

- Fees for assessment and issuance of certificates of eligibility for business activities of sports facilities and professional sports clubs.

- Library fee (for libraries under local management).

- Fees for appraisal of environmental impact assessment reports (for appraisal activities performed by local agencies).

- Fees for appraisal of plans for environmental renovation and restoration and additional plans for environmental renovation and restoration (for appraisal activities performed by local agencies).

- Fees for appraisal of dossiers for the issuance of land use right certificates.

- Fees for appraisal of projects, reports on exploration and evaluation of underground water reserves, exploitation, and use (for appraisal activities performed by local agencies).

- Fees for appraisal of dossiers and conditions for underground water drilling practice (for appraisal activities performed by local agencies).

- Fees for appraisal of projects on the exploitation and use of surface water and sea water (for appraisal activities carried out by local agencies).

- Fees for appraisal of the grant, re-issuance, and adjustment of environmental permits (for appraisal activities performed by local agencies).

- Fees for exploitation and use of land documents.

- Fees for providing information on transactions secured by land use rights and assets attached to land.

- Fee for providing information about secured transactions by aircraft.

- Fees for providing information about secured transactions by ships.

- Fees for providing information on transactions secured by movable property, except for aircraft and ships.

- Security transaction registration fee (for registration activities performed by local agencies).

2. Fees falling under the decision-making authority of the provincial-level People's Councils in Vietnam

Pursuant to Article 3 of Circular 85/2019/TT-BTC, the list of fees falling under the jurisdiction of the provincial People's Council includes:

- Residence registration fee (for activities performed by local agencies).

- Fees for the issuance of identity cards (for activities performed by local agencies).

- Civil status fee.

- Fees for granting work permits to foreigners working in Vietnam (for permits made by local agencies).

- Fees for the issuance of certificates of land use rights, ownership of houses, and assets attached to land.

- Fees for granting construction permits.

- Business registration fee.

3. Principles for determining fee and charge rates under the decision-making competence of the provincial-level People's Councils in Vietnam

According to Article 4 of Circular 85/2019/TT-BTC (amended in Circular 106/2021/TT-BTC), the rate of collection of fees and charges shall be submitted by the provincial-level People's Committee to the People's Council of the same level for decision under Clause 1, Article 22 of the Law on Fees and Charges, ensuring the following principles and grounds:

- The principles for determining the rates of charge and fee collection must comply with the provisions of Articles 8 and 9 of the Law on Fees and Charges.

- Establishing the level of collection of fees and charges to ensure:

+ Based on the current fee and charge rates (if any) as a basis for proposing the collection rates.

+ Being suitable to the specific conditions and situations of the locality where the service provision, charge, and fee collection activities arise. Fees and charges for online provision are appropriate to encourage organizations and individuals to use public services online.

+ For charges and fees that are both under the decision-making authority of the Ministry of Finance and under the jurisdiction of the provincial-level People's Councils, such as:

++ Fees for selection and recognition of mother trees, leading varieties, forestry plant varieties, and forest varieties; fees for visiting scenic spots;

++ Fees to visit historical sites;

++ Fees for visiting cultural works and museums;

++ Library fee;

++ Fees for appraisal of environmental impact assessment reports;

++ Fees for appraisal of plans for environmental renovation and restoration and additional plans for environmental renovation and restoration;

++ Fees for appraisal of projects, reports on exploration and assessment of underground water reserves, exploitation and use;

++ Fees for appraisal of dossiers and conditions for underground water drilling practice;

++ Fees for appraisal of projects on the exploitation and use of surface water and sea water;

++ Fees for assessment, grant, re-grant, and adjustment of environmental permits;

++ Secured transaction registration fee;

++ Residence registration fee

Regulations on charge and fee collection levels need to be correlated with the fees and charges set by the Ministry of Finance.

+ Refering to the fee and charge rates of adjacent localities or localities with similar socio-economic conditions to ensure harmony between localities.

Ho Quoc Tuan

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