Circular No. 134/2009/TT-BTC dated July 1, 2009, of the Ministry of Finance providing for charge and fees rates and the collection, remittance, management and use of securities charges and fees by the State Securities Commission

THE MINISTRY OF FINANCE

Circular No. 134/2009/TT-BTC of July 1, 2009, providing for charge and fees rates and the collection, remittance, management and use of securities charges and fees by the State Securities Commission

Pursuant to the Government’s Decree No. 57/2002/ND-CP of June 3, 2002, detailing the Ordinance on Charges and Fees and the Government’s Decree No. 24/2006/ND-CP of March 6, 2006, amending and supplementing a number of articles of Decree No. 57/2002/ND-CP of June 3, 2002, detailing the Ordinance on Charges and Fees;

Pursuant to the Government’s Decree No. 14/2007/ND-CP of January 19, 2007, detailing the Securities Law;

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;

Pursuant to the Prime Minister’s Decision No. 29/2009/QD-TTg of February 20, 2009, on the State Securities Commission’s autonomy in payrolls and operation funds;

The Ministry of Finance provides for charge and fee rates and the collection, remittance, management and use of securities charges and fees by the State Securities Commission as follows:

Article 1. Charge- and fee-liable jobs and charge and fee rates

1. Subject to charges and fees are jobs related to the grant of securities operation licenses.

2. The rates of securities charges and fees collected by the State Securities Commission are specified in the Table of charge and fees rates issued together with this Circular.

Article 2. Charge and fee payers

Charge and fee payers are organizations and individuals conducting securities operations specified in the Table of charge and fee rates prescribed in Article 1 of this Circular.

Article 3. Charge and fee collection, remittance, management and use

1. Securities charges and fees collected by the State Securities Commission constitute state budget revenues. The charge- and fee-collecting agency (the State Securities Commission) may use the whole collected amount of charges and fees under the Prime Minister’s Decision No. 29/2009/QD-TTg of February 20, 2009, on the State Securities Commission’s autonomy in payrolls and operation funds and guiding documents.

2. Securities charges and fees collected by the State Securities Commission shall be collected in Vietnam dong. Organizations and individuals, when being granted practice certificates, shall pay fees in lump sum.

Article 4. Implementation provisions

1. This Circular takes effect 45 days from the date of its signing. Provisions on securities charges and fees collected by the State Securities Commission prescribed in the Finance Ministry’s Circular No. 110/2002/TT-BTC of December 12, 2002, guiding the collection, remittance, management and use of banking, securities and insurance charges and fees are annulled.

2. Other matters related to the collection, remittance, management and use of charges and fees, collection receipts and publicization of the collection of securities charges and fees by the State Securities Commission comply with the Finance Ministry’s Circular No. 63/2002/TT-BTC of July 24, 2002, guiding the implementation of regulations 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, guiding the implementation of regulations on charges and fees, and Circular No. 60/2007/TT-BTC of June 14, 2007, 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, detailing a number of articles of the Law on Tax Administration.

3. Any problems arising in the course of implementation should be promptly reported to the Ministry of Finance for study and additional guidance.

For the Minister of Finance
Deputy Minister
DO HOANG ANH TUAN

TABLE OF RATES OF SECURITIES CHARGES AND FEES COLLECTED BY THE STATE SECURITIES COMMISSION

(Attached to the Finance Ministry’s Circular No. 134/2009/TT-BTC of July 1, 2009)

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