Circular No. 133/2012/TT-BTC dated August 13, 2012 of the Ministry of Finance on the collection, remittance and management of fees for licensing representative offices of foreign traders in Vietnam

THE MINISTRY OF FINANCE

Circular No. 133/2012/TT-BTC of August 13, 2012, guiding the collection, remittance and management of the licensing fee for Vietnam-based representative offices of foreign traders

Pursuant to August 28, 2001 Ordinance No. 38/2001/PL-UBTVQH10 on Charges and Fees; the Government’s Decree No. 57/2002/ND-CP of June 3, 2002, and Decree No. 24/2006/ND-CP of March 6, 2006, detailing the Ordinance on Charges and Fees;

Pursuant to the Government’s Decree No. 72/2006/ND-CP of July 25, 2006, detailing the Commercial Law regarding Vietnam-based representative offices and branches of foreign traders;

Pursuant to the Government’s Decree No. 29/2008/ND-CP of March 14, 2008, on industrial parks, export processing zones and economic zones;

Pursuant to the Government’s Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

At the proposal of the director of the Tax Policy Department;

The Minister of Finance promulgates this Circular guiding the collection, remittance and management of the licensing fee for Vietnam-based representative offices of foreign traders, as follows:

Article 1. Fee payers and fee-collecting agencies

1. Foreign traders licensed to set up representative offices in Vietnam shall pay a fee as stipulated in this Circular.

2. State management agencies competent to license Vietnam-based representative offices of foreign traders according to the Government’s Decree No. 72/2006/ND-CP of July 25, 2006, detailing the Commercial Law regarding Vietnam-based representative offices and branches of foreign traders; and agencies authorized to license Vietnam-based representative offices of foreign traders according to the Government’s Decree No. 29/2008/ND-CP of March 14, 2008, on industrial parks, export processing zones and economic zones, shall collect, remit and manage the licensing fee for Vietnam-based representative offices of foreign traders under guidance of this Circular.

Article 2. Fee rates

1. Rates of the fee for Vietnam-based representative offices of foreign traders are as follows:

a/ New license: VND 3,000,000 (three million)/license;

b/ Re-granted, modified or extended license: VND 1,500,000 (one million and five hundred thousand)/license.

2. The licensing fee for Vietnam-based representative offices of foreign traders shall be collected in Vietnam dong (VND).

Article 3. Fee collection, remittance and management

1. The licensing fee for Vietnam-based representative offices of foreign traders constitutes a state budget revenue.

2. Fee-collecting agencies shall remit 100% (one hundred per cent) of the total collected fee amount into the state budget according to the corresponding chapter, category, clause, item and sub-item of the current State Budget Index. Funds for the fee collection and verification of the establishment of Vietnam-based representative offices of foreign traders shall be allocated from the state budget according to approved annual estimates.

3. Fee-collecting agencies shall register, declare and remit collected fee amounts into the state budget in accordance with the Ministry of Finance’s Circular No. 63/2002/TT-BTC of July 24, 2002, guiding the law on charges and fees, and Circular No. 45/2006/TT-BTC of May 25, 2006, amending and supplementing Circular No. 63/2002/TT-BTC of July 24, 2002.

Article 4. Organization of implementation

1. This Circular takes effect on October 1, 2012, and replaces the Ministry of Finance’s Circular No. 73/1999/TT-BTC of June 14, 1999, guiding the collection of the licensing fee for foreign economic organizations’ resident representative offices in Vietnam.

2. Other matters related to fee collection, remittance and management and publicity of the fee collection regime which are not guided in this Circular comply with the Ministry of Finance’s Circular No. 63/2002/TT-BTC of July 24, 2002, guiding the law on charges and fees, Circular No. 45/2006/TT-BTC of May 25, 2006, amending and supplementing Circular No. 63/2002/TT-BTC of July 24, 2002, and Circular No. 28/2011/TT-BTC of February 28, 2011, guiding a number of articles of the Law on Tax Administration and the Government’s Decree No. 85/2007/ND-CP of May 25, 2007, and Decree No. 106/2010/ND-CP of October 28, 2010.

3. Fee payers and related agencies shall implement this Circular. Any problems arising in the course of implementation should be promptly reported to the Ministry of Finance for consideration and guidance.-

For the Minister of Finance
Deputy Minister
VU THI MAI