Circular No. 46/2018/TT-BTC dated May 14, 2018 of the Ministry of Finance on detailing actual expenses for printing, copying, photocopying and sending information under Clause 2, Article 12 of the Law on Access to Information

CIRCULAR

Detailingactual expenses for printing, copying, photocopying and sending information under Clause 2, Article 12 of the Law on Access to Information

Pursuant to the June 25, 2015 Law on the State Budget and guiding documents;

Pursuant to the April 6, 2016 Law on Access to Information;

Pursuant to the Government’s Decree No. 13/2018/ND-CP of January 23, 2018, detailing, and providing measures to implement, the Law on Access to Information;

Pursuant to the Government’s Decree No. 87/2017/ND-CP of July 26, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

At the proposal of the director of the Department of Legal Affairs;

The Minister of Finance promulgates the Circular detailing actual expenses for printing, copying, photocopying and sending information under Clause 2, Article 12 of the Law on Access to Information.

Article 1.Scope of regulation

This Circular details actual expenses for printing, copying, photocopying and sending information under Clause 2, Article 12 of the Law on Access to Information.

Article 2.Subjects of application

1. Organizations and individualsrequesting the provision of information by state agencies.

2. State agencies and focal units providing information and cadres acting as focal points for providing information of state agencies.

3. Other organizations and individuals related to theprovision of information.

Article 3.Expenses for provision of information

1.Organizations and individualsrequesting the provision of information by state agencies (below referred to as information provision requesters) are not required to pay charges and fees for provision of information butactual expenses for printing, copying, photocopying and sending the requested information, specifically:

1.1. Expenses for printing, copying and photocopying information:

a/ The expenses for printing, copying and photocopying information shall be paid at the rates prescribed in the Appendix to this Circular.

b/ Forinformation-providing state agencies located in areas withsocio-economic difficulties orextreme socio-economic difficulties, the collection rates are as follows:

- For areas with socio-economic difficulties, the collection rate equals 70 percent of the collection rate provided in the Appendix to this Circular.

- For areas with extreme socio-economic difficulties, the collection rate equals 50 percent of the collection rate provided in the Appendix to this Circular.

Areas withsocio-economic difficulties and areas withextreme socio-economic difficulties are specified in Appendix II to the Government’s Decree No. 118/2015/ND-CP of November 12, 2015, detailing and guiding the implementation of a number of articles of the Investment Law.

1.2. Expenses for sending requested information: The collection rates of expenses are the maximum charge rates prescribed in Article 3 of and the Appendix to the Ministry of Information and Communications’ Circular No. 22/2017/TT-BTTTT of September 29, 2017, prescribing the maximum charge rates and policies on exemption and reduction of charges for services of sending dossiers for completion of administrative procedures and returning results of completion of administrative procedures by public-utility postal services.

2.Information provision requesters are not required to pay expenses for sending requested information via the Internet or by fax.

Article 4.Collection and remittance of expenses forprinting, copying, photocopying and sending information

1. The methods and procedures for collection and remittance of expensesforprinting, copying, photocopying and sending information must comply with the procedures for state budget revenue collection prescribed in the Ministry of Finance’s Circular No. 328/2016/TT-BTC of December 26, 2016, guiding the collection and management of state budget revenues via the State Treasury. This Circular guides the following specific contents:

a/ Based on the information provision request form (form No. 01a or 01b to the Government’s Decree No. 13/2018/ND-CP of January 23, 2018, detailing, and providing measures to implement, the Law on Access to Information) made by theinformation provision requester and collection rates of expenses forprinting, copying, photocopying and sending information prescribed in Article 3 of this Circular, the cadres acting as focal points for information provision shall calculate and determine expenses for information provision and time limit for remitting such expenses; verify information on the name of collection-managing agency (tax agency) and name of the state treasury office receiving budget revenues to write in detail in the payment method norm (including: collection-managing agency: …/state treasury office receiving budget revenues: …) for submission to leaders of information-providing focal units for approval and writing in the slip of settlement of information provision request (Form No. 03 to the Government’s Decree No. 13/2018/ND-CP of January 23, 2018, detailing, and providing measures to implement, the Law on Access to Information).

b/Information provision requesters shall fully pay expenses for information provision according toslips of settlement of information provision request (Form No. 03 to the Government’s Decree No. 13/2018/ND-CP of January 23, 2018, detailing, and providing measures to implement, the Law on Access to Information) granted by information-providing focal units of state agencies before being provided information by state agencies.

2. Collected expenses for printing, copying, photocopying and sending information shall be entered into the account prescribed in section 4900 (other revenues) and sub-section 4949 (other revenues) in the chapter on information-providing state agencies of the Ministry of Finance’s Circular No. 324/2016/TT-BTC of December 21, 2016, prescribing the state budget index system.

Article 5.Estimation and finalization of state budget funds for printing, copying, photocopying and sending information

The expenses for printing, copying, photocopying and sending information prescribed in this Circular shall be covered by the state budget and incorporated in the allocated norms for regular spending as state management expenses). The estimation, use, payment and finalization of these expenses must comply with the Law on the State Budget and its guiding documents.

Article 6.Implementation provisions

1. This Circular takes effect on July 1, 2018.

2. Should legal documents referred to in this Circular be amended, supplemented or replaced by other legal documents, the amending, supplementing or replacing ones shall prevail.

3. Any problems arising in the course of implementation should be promptly reported to the Ministry of Finance for study, amendment and supplementation.-

For the Minister of Finance

Deputy Minister

DO HOANG ANH TUAN

* The Appendix to this Circular is not translated.