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

CIRCULAR

REGULATIONS OF THERATE, COLLECTION-PAYMENT REGIME, MANAGEMENT AND USE OF FEES FROM SECURITIES OPERATIONS APPLYING WITH SECURITY SERVICE ORGANIZATIONS.

THE MINISTRY OF FINANCE

Pursuant to the 2006Law No.70/2006/ on securities;
Pursuant to the Ordinance on Price 2002;
Pursuant to the June 03, 2002 Decree No.57/2002/ND-CP and the March 06, 2006 Decree No. 24/2006/ND-CP of the Government detailing the implementation of the Ordinance on Fees and Charges;
Pursuant to the December 25, 2003 Decree No.170/2003/ND-CP of the Government detailing the implementation of some articles of the Ordinance on Prices; the June 09, 2008 Decree No. 75/2008/ND-CP of the Government on amending and supplementing some articles of the December 25, 2006 Decree No. 170/2003/ND-CP of the Government detailing the implementation of some articles of the Ordinance on Prices;
Pursuant to the January 19, 2007 Decree No.14/2007/ND-CP of the Government detailing the implementation of a number of articles of the Law on Securities;
Pursuant to the November 11, 2008 Decree No.118/2008/ND-CP of the Government regulating functions, tasks, powers and organizational structure of the Ministry of Finance;
After consulting with theministries and branches, the Ministry of Finance provides for the rate, the regime of collection - payment, management and use of securities operating charges applicable to security service organizations as follows:

Article 1. Charged subjects

Organization or individual, who using the services relating to its operation of securities, which are offered by securities companies, investment fund managing companies,depository membersof the Vietnam Securities Depository Center, the supervision bank,custodianbank, commercial banks participating in bond market, must pay the charges for securities activities in accordance with this Circular.

Article 2. The rate of charges

The charge rate specified in the securities activity charge schedule promulgated together with this Circular.

Article 3. Organizing of the collection, payment and use management

1. Charges for the security operation applicable to securities services business organization indicated in this Circular is revenues outside the state budget. The charge collectors which are securities services business organizations are obliged to pay tax for revenues from this charge as prescribed by laws and are entitled to manage and use the collected charges after paying taxes as prescribed by laws.

2. Other regulations on collection, payment, management, use, collection vouchers, publication of charging regime that is not mentioned in this Circular shall comply with the guidance in the July 24, 2002 Circular No.63/2002/TT-BTCof Ministry of Finance on guiding the implementation of the regulations of laws on charges and fees and the May 25, 2006 Circular 45/2006/TT-BTC, amending and supplementing the July 24, 2002 Circular No. 63 / 2002/TT-BTC.

Article 4. Implementation effect

1. This Circular takes effect as from May 1, 2011. This Circular replaces the April 17, 2000 Circular No. 01/2000/TT-UBCK1 guiding temporarily the collection charges regime applying to customers of the security service organizations, the November 14, 2000 Circular No.02/2000/TT-UBCK1 of the State Securities Commission on amending and supplementing a number of points of the April 17, 2000 Circular No. 01/2000/TT-UBCK1.

2. During the implementation, if any problems arise, organizations and individuals may promptly report to the Ministry of Finance for study and additional guidance. /.

SECURITIES ACTIVITY CHARGE SCHEDULE
(Issued together withthe )