LAW

FEES AND CHARGES

Pursuant to Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Fees and Charges.

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Law regulates the list of fees, charges; fee and charge payers (hereinafter referred to as 'payers’); fee and charge collecting agencies (hereinafter referred to as ‘collectors’); principles of determination of level of collection, exemptions, remissions, payment, management and use of fees, charges; authority and responsibility of regulatory agencies and other organizations in management of fees and charges.

Article 2. Regulated entities

This Law applies to regulatory agencies including Vietnam’s representative bodies overseas, public service providers and other organizations and individuals relating to collection, payment, management and use of fees and charges.

Article 3. Interpretation of terms

In this Law, some terms are construed as follows:

1. 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 herewith.

2. 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 herewith.

Article 4. List and authority for stipulation of fees, charges

1. The list of fees, charges is enclosed herewith.

2. The Standing committee of the National Assembly, Government, the Minister of Finance, provincial People’s Councils having the authority to stipulate collection, exemptions, remissions, payment, management and use of fees and charges.

Article 5. Application of the Law on Fees and Charges, relevant laws and International Agreement

1. Collection, payment, management and use of fees and charges shall be prescribed hereof unless otherwise as regulated.

2. Where an international agreement to which the Socialist Republic of Vietnam is a signatory regulates otherwise, such international agreement shall prevail.

Article 6. Payers

Payers mean organizations or individuals that are provided with public services for state management as prescribed hereof.

Article 7. Collectors

Collectors include regulatory agencies, public service providers, and organizations tasked with providing public services for state management tasks by competent state agencies as prescribed hereof.

Chapter II

PRINCIPLES OF DETERMINATION OF LEVEL, EXEMPTIONS, REMISSIONS OF FEES AND CHARGES

Article 8. Principles of determination of level of fees

Level of fees is determined to basically make up for expenses with due account taken of policies on socio-economic development of the state over periods, ensuring equality, fairness, public disclosure and transparency on rights and obligations of citizens.

Article 9. Principles of determination of level of charges

Level of charges is a pre-fixed amount of money without aiming at compensation for expenses; level of registration fee is determined by percentage of property value, ensuring equality, fairness, public disclosure and transparency on rights and obligations of citizens.

Article 10. Exemptions, remissions of fees, charges

1. Persons who are entitled to exemptions, remissions of fees and charges include children, poor households, senior citizens, the disabled, and persons with meritorious services to the Revolution, ethnic minorities living in communes facing extreme socio-economic difficulties and others as prescribed.

2. The Standing committee of the National Assembly shall stipulate persons entitled to exemptions and remissions of legal fees and charges. 

3. The Government shall stipulate persons entitled to specific exemptions and remissions within competence.

4. The Minister of Finance, provincial People’s Councils shall stipulate persons entitled to specific exemptions and remissions within competence.

Chapter III

DECLARATION, COLLECTION, PAYMENT, MANAGEMENT AND USE OF FEES AND CHARGES

Article 11. Declaration, payment

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

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

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

4. 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.

5. The Government shall detail this Article.

Article 12. Collection, payment, management and use of fees

1. 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

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

a) 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;

b) 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.

3. 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.

4. The Government shall detail this Article.

Article 13. Collection and payment of charges

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

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

Chapter IV

RIGHTS AND RESPONSIBILITY OF COLLECTORS AND PAYERS

Article 14. Collectors

1. Make public announcement on collectors-owned portals fee-collecting points, name of fees, charges, level of fees and charges, collection, payers, persons entitled to exemptions, remissions and relevant legislative documents.

2. Establish and issue receipts to payers as prescribed;

3. Perform accounting practices; make regular reports on collection, payment and use of fees, charges; carry out financial disclosure as prescribed;

4. Perform separate accounting for each kind of fees, charges;

5. Make reports on collection, payment, management and use of fees and charges;

Article 15. Payers

1. Pay fees and charges in a timely manner as prescribed;

2. Receive written acknowledgement of receipts of amount of fees and charges paid;

Article 16. Prohibited acts and handling of violations

1. Prohibited acts:

a) Regulatory agencies, public service providers, organizations and individuals organize collection of fees and charges on their own initiatives;

b) Carry out collection, payment, management and use of fees in opposition with laws;

2. Any act in breach of laws on fees and charges shall be disciplined, penalized for administrative violations or liable to criminal prosecution depending nature and severity of the violations.