THE MINISTRY OF FINANCE | | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
No. 271/2016/TT-BTC | | Hanoi, November 14, 2016 |
CIRCULAR
Prescribing the rates and collection and remittance of charge for appraisal for grant of accounting and auditing practice certificates, and certificates of eligibility for providing accounting and auditing services[1]
Pursuant to the November 25, 2015 Law on Charges and Fees;
Pursuant to the June 25, 2015 Law on the State Budget;
Pursuant to the March 29, 2011 Law on Independent Audit;
Pursuant to the November 25, 2015 Law on Accounting;
Pursuant to the Government’s Decree No. 120/2016/ND-CP of August 23, 2016, detailing and guiding a number of articles of the Law on Charges and Fees;
Pursuant to the Government’s Decree No. 17/2012/ND-CP of March 13, 2012, detailing and guiding a number of articles of the Law on Independent Audit;
Pursuant to the Government’s Decree No. 215/2013/ND-CP of December 23, 2013, 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 the Circular prescribing the rates and collection and remittance of charge for appraisal for grant of accounting and auditing practice certificates, and certificates of eligibility for providing accounting and auditing services.
Article 1. Scope of regulation and subjects of application
1. This Circular prescribes the rates and collection and remittance of charge for appraisal for grant of accounting and auditing practice certificates, and certificates of eligibility for providing accounting and auditing services.
2. This Circular applies to organizations and individuals being charge payers; charge-collecting organizations; and agencies, organizations and individuals engaged in the charge collection and remittance.
Article 2. Charge-collecting organizations and charge payers
1. Organizations shall pay the charge under this Circular when requesting appraisal for grant of accounting and auditing practice certificates, and certificates of eligibility for providing accounting and auditing services.
2. The Ministry of Finance shall organize the collection and remittance of appraisal charge under this Circular.
Article 3. Charge rates
1. The appraisal charge rates for grant of certificates of eligibility for providing accounting and auditing services: For grant of a new certificate: VND 4,000,000 per appraisal time; for grant of a modified certificate/renewed certificate: VND 2,000,000 per appraisal time.
2. The appraisal charge rates for grant of accounting and auditing practice certificates: For grant of a new certificate: VND 1,200,000 per appraisal time; for grant of a modified certificate/renewed certificate: VND 800,000 per appraisal time.
3. No charge shall be collected for re-grant of a certificate which is torn, damaged or loss.
Article 4. Charge declaration and collection
1. Charge-collecting organizations shall declare collected fee amounts on a monthly basis, and make finalization on an annual basis under Clause 3, Article 19 of the Minister of Finance’s Circular No. 156/2013/TT-BTC of November 6, 2013, guiding the implementation of a number of articles of the Law on tax Administration; the Law Amending and Supplementing a Number of Articles of the Law on Tax Administration, and the Government’s Decree No. 83/2013/ND-CP of July 22, 2013.
2. Charge-collecting organizations shall remit the whole collected charge amount into the state budget according to the current State Budget Index. Expenses for the appraisal and charge collection shall be covered by the state budget within the charge-collecting organizations’ annual estimates under the state budget’s expenditure regime and norms prescribed by law.
Article 5. Organization of implementation and effect
1. This Circular takes effect on January 1, 2017, and replaces the Minister of Finance’s Circular No. 78/2013/TT-BTC of June 7, 2013, guiding the rates and collection and remittance of charges for appraisal for grant of accounting and auditing practice certificates, and certificates of eligibility for providing accounting and auditing services.
2. Other contents related to the charge collection, remittance, management and use, documents for charge collection, and publication of charge collection regime which are not guided in this Circular must comply with the Law on Charges and Fees; the Government’s Decree No. 120/2016/ND-CP of August 23, 2016, detailing and guiding a number of articles of the Law on Charges and Fees; the Minister of Finance’s Circular No. 156/2013/TT-BTC of November 6, 2013, guiding a number of articles of the Law on Tax Administration, the Law Amending and Supplementing a Number of Articles of the Law on Tax Administration and the Government’s Decree No. 83/2013/ND-CP of July 22, 2013; the Ministry of Finance’s Circulars on the printing, distribution, management and use of documents for the collection of charges and fees; and amending and supplementing documents (if any).
3. Any problems arising in the course of implementation should be reported to the Ministry of Finance for study and additional guidance.-
For the Minister of Finance
Deputy Minister
VU THI MAI