Circular No. 01/2005/TT-BTC dated January 04, 2005 of the Ministry of Finance guiding the regime of collection, remittance, management and use of fees for licensing of arbitration centers, for change of license contents, and for registration of their operation and branches, and court fees related to arbitration

CIRCULAR

GUIDING THE REGIME OF COLLECTION, REMITTANCE, MANAGEMENT AND USE OF FEES FOR LICENSING OF ARBITRATION CENTERS, FOR CHANGE OF LICENSE CONTENTS, AND FOR REGISTRATION OF THEIR OPERATION AND BRANCHES, AND COURT FEES RELATED TO ARBITRATION

Pursuant to the Government’s Decree No. 25/2004/ND-CP of January 15, 2004, detailing the implementation of a number of articles of the Ordinance on Commercial Arbitration;

Pursuant to the Government’s Decree No. 57/2002/ND-CP of June 3, 2002, detailing the implementation of the Ordinance on Charges and Fees;

Pursuant to the Government’s Decree No. 77/2003/ND-CP of July 1, 2003, defining the functions, obligations, competence and organizational structure of the Ministry of Finance;

The Ministry of Finance hereby guides the regime of collection, remittance, management and use of fees for licensing of arbitration centers, for change of license contents and for registration of their operation and branches, and court fees related to arbitration as follows:

I. SUBJECTS OF APPLICATION

Fee payers under the provisions of this Circular include:

1. Organizations and individuals that file dossiers of application for establishment licenses, change of license contents, registration of operation of arbitration centers and branches thereof and have to pay fees for such licenses and for operation registration.

2. Organizations and individuals that request courts to appoint or replace arbitrators, to review arbitration councils’ decisions on arbitration agreements or arbitration councils’ competence to handle disputes, to apply, alter or cancel interim urgent measures, to cancel arbitral awards, or protest against courts’ decisions and have to pay court fees related to arbitration.

II. FEE RATES AND THE REGIME OF FEE COLLECTION, REMITTANCE, MANAGEMENT AND USE

1. Fee rates:

Pursuant to Article 13 and Article 14 of the Government’s Decree No. 25/2004/ND-CP of January 15, 2004, detailing the implementation of a number of articles of the Ordinance on Commercial Arbitration, the rates of fees for licensing of arbitration centers, for change of license contents, and for registration of their operation and branches, and court fees related to arbitration are provided for as follows:

2. The collection, remittance, management and use regime:

a/ Fee payers shall, when filing dossiers of application for establishment licenses, changes of license contents or registration of operation of arbitration centers and branches thereof or when requesting courts to appoint or replace arbitrators, to review arbitration councils’ decisions on arbitration agreements or arbitration councils’ competence to handle disputes, to apply, alter or cancel interim urgent measures, to cancel arbitral awards or protest against court decisions, have to fully pay fee amounts specified at Point a, this Section, in lump-sum.

b/ Fee-collecting agencies:

- Agencies collecting fees for licensing of arbitration centers, for change of license content, for registration of their operation and branches shall be competent to grant licenses for the establishment of arbitration centers and to register the operation of arbitration centers and branches thereof.

- Agencies collecting court fees related to arbitration shall be the courts with which fee payers file requests to appoint or replace arbitrators, to review arbitration councils’ decisions on arbitration agreements or arbitration councils’ competence to handle disputes, to apply, alter or cancel interim urgent measures, to cancel arbitral awards, or appeal against court decisions.

- When collecting fees, collecting agencies must make and hand over fee receipts to fee payers in strict accordance with current regulations of the Finance Ministry on the issuance, management and use of tax receipts.

c/ Fees for licensing of arbitration centers, for change of license contents, and for registration of their operation and branches and court fees related to arbitration shall constitute a state budget revenue and be managed and used as follows:

- Fee-collecting agencies shall remit the whole collected fee amounts into the state budget as follows:

+ Fees for licensing of arbitration centers, for change of license contents, for registration of their operation and branches shall be accounted into the corresponding chapter, category and clause, Section 047, sub-section 29 of the current state budget index;

+ Court fees related to arbitration shall be accounted into the corresponding chapter, category and clause, Section 045, sub-section 07 of the current state budget index.

- The fee collection shall be funded with the state budget according to annual estimates.

d/ The estimation, execution, accounting and settlement of revenues and expenditures on fees for licensing of arbitration centers, for change of license contents, for registration of their operation and branches, and court fees related to arbitration shall have to comply with the provisions of the Law on State Budget, the Ordinance on Charges and Fees and guiding documents.

III. ORGANIZATION OF IMPLEMENTATION

This Circular takes effect 15 days after its publication in “CONG BAO.” Other matters related to fee collection, remittance, management and use not mentioned in this Circular shall comply with the guidance in the Finance Ministry’s Circular No. 63/2002/TT-BTC of July 24, 2002, guiding the implementation of the provisions of law on charges and fees.