Circular No. 216/2013/TT-BTC dated December 31, 2013 of the Ministry of Finance amending the Circular No. 38/2011/TT-BTC dated March 16, 2011 of the Ministry of Finance regulations of the rate, collection-payment regime, management and use of fees from securities operations applying with security service organizations

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Circular No. 216/2013/TT-BTC dated December 31, 2013 of the Ministry of Finance amending the Circular No. 38/2011/TT-BTC dated March 16, 2011 of the Ministry of Finance regulations of the rate, collection-payment regime, management and use of fees from securities operations applying with security service organizations
Issuing body: Ministry of FinanceEffective date:
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Official number:216/2013/TT-BTCSigner:Vu Thi Mai
Type:CircularExpiry date:
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Issuing date:31/12/2013Effect status:
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Fields:Securities , Tax - Fee - Charge

SUMMARY

OPEN FUND SHALL CONDUCT COLLECTION UNDER AGREED PRICE

On December 31, 2013, the Ministry of Finance issued the Circular No. 216/2013/TT-BTC amending the Circular No. 38/2011/TT-BTC dated March 16, 2011 of the Ministry of Finance regulations of the rate, collection-payment regime, management and use of fees from securities operations applying with security service organizations.

Accordingly, instead of the subjects to submit the Charge for service of preserving and supervising the assets like Securities Investment Companies and Securities Investment Funds as before, this Circular points out clearly that the subjects of charging are Closed Funds, Member Funds, Securities Investment Companies. And the collection rate is below or equal to 0.15% of the value of the supervised asset. In particular, the Circular supplements the regulations that service of preserving and supervising the assets of Open Fund shall conduct collection under agreed price.

Apart from these contents, other contents related to charges of securities activity applied at security service organizations not mentioned in this Circular shall still comply with provisions in the Circular No. 38/2011/TT-BTC dated 16/3/2011 of the Ministry of Finance.

This Circular takes effect on February 15, 2014.
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Effect status: Known

THE MINISTRY OF FINANCE

Circular No.  216/2013/TT-BTC dated December 31, 2013 of the Ministry of Finance amending the Circular No. 38/2011/TT-BTC dated March 16, 2011 of the Ministry of Finance regulations of the rate, collection-payment regime, management and use of fees from securities operations applying with security service organizations

Pursuant to the Law No.70/2006/QH11 dated June 29, 2006 of the National Assembly on securities; the Law No. 62/2010/QH12 dated November 24, 2010 of the National Assembly amending and supplementing a number of articles of the Law on Securities;

Pursuant to the Ordinance No. 38/2001/PL-UBTVQH10 dated August 28, 2001 on charges and fees;

Pursuant to the Decree No. 57/2002/ND-CP dated June 03, 2002 Government’s and Decree No. 24/2006/ND-CP dated March 06, 2006 detailing implementation of Ordinance on charges and fees;

Pursuant to the Decree No. 58/2012/ND-CP dated July 20, 2012 of the Government detailing and guiding implementation of a number of articles of Law on securities and Law on amending and supplementing a number of Articles of Law on securities;

Pursuant to the Decree No. 118/2008/ND-CP dated November 27, 2008 of the  Government 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 issues the Circular amending the Circular No. 38/2011/TT-BTC dated March 16, 2011 of the Ministry of Finance regulations of the rate, collection-payment regime, management and use of fees from securities operations applying with security service organizations as follows:

Article 1. To amend Point 5 of the securities activity charge table issued with the Circular No. 38/2011/TT-BTC dated 16/3/2011 stipulating the rate, collection-payment regime, management and use of fees from securities operations applying with security service organizations, as follows:

No.

Name of charge

Collection rate

 

Unit collecting charge

Charge payer

5

Charge for service of preserving and supervising the assets of  Closed Funds, Member Funds, Securities Investment Companies (service of preserving and supervising the assets of Open Fund shall conduct collection under agreed price )

Below or equal to 0.15% of the value of the supervised asset

Custodian Bank

Closed Funds, Member Funds, Securities Investment Companies

Article 2. Implementation provisions

1. This Circular takes effect on February 15, 2014.

2. Other contents related to charges of securities activity applied at security service organizations not mentioned in this Circular shall still comply with provisions in the Circular No. 38/2011/TT-BTC dated 16/3/2011 of the Ministry of Finance.

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

For the Minister of Finance

Deputy Minister

Vu Thi Mai

 

 

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