Circular No. 156/2016/TT-BTC dated October 21, 2016 of the Ministry of Finance on providing for fees for processing of application for the certificate of multi-level marketing, collection, transfer and management thereof

THE MINISTRY OF FINANCE

Circular No.156/2016/TT-BTCdated  October 21, 2016of the Ministry of Finance onproviding for fees forprocessing of application for the certificate ofmulti-level marketing, collection, transfer and management thereof

Pursuant to the Law on fees and charges dated November 25, 2015;

Pursuant to the Law on state budget dated June 25, 2015;

Pursuant to the Government s Decree No. 120/2016/ND-CP dated August 23, 2016 detailing and guiding the implementation of a number of articles of the Law on fees and charges;

Pursuant to the Government s Decree No. 42/2014/ND-CP datedMay 14, 2014 providing for the management ofmulti-level marketingactivities;

Pursuant to the Government s Decree No. 215/2013/ND-CP dated December 23, 2013 defining the functions, tasks, powers and organizational structure of Ministry of Finance;

At the request of the Director of the Tax Policy Department,

Minister of Finance promulgates this Circular to providefor fees forprocessing of application for thecertificate of multi-level marketing, collection, transfer and management thereof.

Article 1. Scope of adjustment and subject of application

1.Scope of adjustment

This Circular providesfor fees forprocessing of application for thecertificate of multi-level marketing, collection, transfer and management thereof.

2.Subject of application

This Circular applies to enterprises applying for issuance, replacement, addition or renewal of the certificate ofmulti-level marketing, state authorities competent to issue the certificate ofmulti-level marketingand entities involved in the processing of application for the certificate ofmulti-level marketing.

Article 2. Payers

Anyenterprises applying for issuance, replacement, addition or renewal ofthecertificate of multi-level marketingmust pay fees for processing of application for the certificate ofmulti-level marketingin conformity with regulations in this Circular.

Article 3. Collector

Vietnam Competition Authority (directly underMinistry of Industry and Trade) shall be responsible for collecting,transferring andmanagingthefees forprocessing of application for the certificate ofmulti-level marketingin conformity with regulations in this Circular.

Article 4. Fees

1.Fees for processing of application for the certificate ofmulti-level marketingshall be provided for as follows:

-Issuance or renewal of a certificate of multi-level marketing: VND 5,000,000/application.

-Replacement or addition to acertificate of multi-level marketing: VND3,000,000/application.

2.Applicants shall pay the fees in cash directly to the collector or by transfer to the collector’ accounts opened at state treasuries.

Article 5. Declaration andtransferof fees

1. Collector must transfer the collected fees in the previous month to the account for feestransferredto state budget which is opened at a State Treasury by the 05^thday of every month.

2. Collector must make monthly declaration and annual statement ofcollectedfees in accordance with regulations in Clause 3 Article 19 of the Circular No. 156/2013/TT-BTC dated November 06, 2013 by Minister of Finance providing guidance on a number of articles of the Law on tax management; the Law on amendments to the Law on tax management and the Government s Decree No. 83/2013/ND-CP dated July 22, 2013.

Article 6. Management and use of fees

1. Collector musttransfertotal amount of collected fees to state budget.Expenditure for processing of applications and collection of fees shall be covered by funding from state budget included in the collector’ estimates under policies and levels of state budget expenditures as regulated by laws.

2.If the collector is provided with predetermined operating expenditure in conformity with regulations on the autonomy inpayrolland use of administrative expenditure by state agencies by the Government or the Prime Minister, the collector may retain 90% of total amount of collected fees to cover the expenditure for processing of applications and collection of fees thereof as regulated in Clause 2 Article 5 of theGovernment s Decree No. 120/2016/ND-CP dated August 23, 2016 detailing and guiding the implementation of a number of articles of the Law on fees and charges. The remains (10%) must be transferred to state budget according to corresponding chapter, item and sub-item in the list of state budget entries.

Article 7. Implementationprovisions

1. This Circulartakes effect on January 01, 2017. This Circular replaces the Circular No.197/2014/TT-BTCdated December 18, 2014 by Ministry of Financeprovidingfor feesfor processing of application for thecertificate of multi-level marketing, collection, transfer and management thereof.

2. Other contents related to the collection,transfer andmanagement, receipts and announcement of regulations on collection ofthe fees, which are not provided for in this Circular, shall be performed in conformity with regulations in the Law on fees and charges,the Government s Decree No. 120/2016/ND-CP dated August 23, 2016 detailing and guiding the implementation of a number of articles of the Law on fees and charges,the Circular No. 156/2013/TT-BTC dated November 06, 2013 by Minister of Finance providing guidance on a number of articles of the Law on tax management,the Law on amendments to the Law on tax management and the Government s Decree No. 83/2013/ND-CP dated July 22, 2013, and the Circular by Minister of Finance providing for the printing, issuance, management and use of receipts of fees and charges under the government revenues and other documents on amendments and supplements thereof (if any).

3.Any difficultiesarising in the course ofimplementation of this Circularshall bepromptly reported to Ministry of Finance for consideration./.

For the Minister

The Deputy Minister

Vu Thi Mai