Circular No. 42/2013/TT-BTC dated April 11, 2013 of the Ministry of Finance providing for the collection level, collection regime, fee management and remittance in commercial arbitration operation

THE MINISTRY OF FINANCE

Circular No. 42/2013/TT-BTC dated April 11, 2013 of the Ministry of Finance providing for the collection level, collection regime, fee management and remittance in commercial arbitration operation

Pursuant to the Ordinance No. 38/2001/PL-UBTVQH dated August 28, 2001 on Charges and Fees;

Pursuant to the Decree No. 57/2002/ND-CP dated June 3, 2002 of the Ministry of Finance detailing the implementation of the ordinance on charges and fees; the Decree No. 24/2006/ND-CP dated March 06, 2006 of the Government amending and supplementing a number of articles of Decree No. 57/2002/ND-CP dated June 3, 2002, detailing the implementation of the Ordinance on charges and fees

Pursuant to the Decree No. 63/2011/ND-CP dated July 28, 2011 of the Government detailing and guiding a number of Articles of the Law on Commercial Arbitration

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 Director of the Tax Policy Department,

The Minister of Finance promulgates the providing for the collection level, collection regime, fee management and remittance in commercial arbitration operation.

Article 1. Fee payers

Fee payers as prescribed in this Circular, including:

1. Organizations for granting, re-granting and changing the contents of Establishment Permits, Operation Registration Certificates of the Arbitration Centers, the Operation Registration Certificates of arbitration center’s branches.

2. Foreign arbitration organization applying for granting, re-granting and changing contents of the Establishment Permits, branch’s Operation Registration Certificates, Establishment Permits of foreign arbitration organization’s representative offices in Vietnam.

Article 2. Level of fees

Levels of fee collection in field of commercial arbitration operation are provided as follows:

Article 3. Collection, remittance and management of fees

1. The Ministry of Justice shall perform the grant, re-grant of the establishment permits to arbitration centers; establishment permits of Branches, representative offices of foreign arbitration organizations in Vietnam; content change of establishment permits of arbitration centers; ranches, representative offices of foreign arbitration organizations in Vietnam and collect fees.

2. The provincial Departments of Justice shall perform grant, re-grant, content change of operation registration certificates of arbitration centers; re-grant, content change of branches of arbitration centers and collect fees.

3. Agencies collecting fees shall submit all the fee collection into the State budget according to the chapter, index, and sub-index of the current the State budget index. Funding for grant of permits and fee collection in the field of commercial arbitration of agencies, organizations of a level shall be financed by the State budget of the same level, be summarized into the annual regular expenditure budget estimates of those agencies, organizations.

4. Other contents relating to collection, remittance, management, use, public of regime of collection of fees for the commercial arbitration license not guided in this Circular comply with guides in the Circular No. 63/2002/TT-BTC dated July 24, 2002 of the Ministry of Finance guiding the implementation of the law provisions on charges and fees, the Circular No. 45/2006/TT-BTC dated May 25, 2006, amending and supplementing the Circular No. 63/2002/TT-BTC dated July 24, 2002, the Circular No. 153/2012/TT-BTC dated September 17, 2012 of the Ministry of Finance, guiding the printing, issuance, management and use of documents for the collection of charges and fees belonging to the state budget and the Circular No. 28/2011/TT-BTC dated February 28, 2011, of the Ministry of Finance, guiding implementation of a number of articles of the Law on Tax Administration and the Government’s Decree No. 85/2007/ND-CP dated May 25, 2007 and the Government’s Decree No. 106/2010/ND-CP dated October 28, 2010, and documents of amendments, supplementations (if any).

Article 4. Implementation organization

1. This Circular takes effect on June 01, 2013 and annuls the Circular No. 01/2005/TT-BTC, dated January 04, 2005 of the Ministry of Finance, guiding the regime of collection, remittance, management and use of fees for licensing of arbitration centers, for change of license contents, and for registration of their operation and branches, and court fees related to arbitration.

2. Any arising problems in the course of implementation should be reported timely to the Ministry of Finance for study and guidance.

For the Minister of Finance

Deputy Minister

Vu Thi Mai