Circular 58/2020/TT-BTC fee for handling of competition cases

CIRCULAR

Prescribing the rates and collection, remittance, management and use of charge for handling of competition cases

Pursuant to the November 25, 2015 Law on Charges and Fees;

Pursuant to the Law on State Budget dated June 25, 2015;

Pursuant to the Law on Competition date June 12, 2018;

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

On implementation of the Directive No. 11/CT-TTG dated March 04, 2020 of the Prime Minister on urgent tasks and solutions to remove difficulties for production and business, ensure social security in response to the Covid-19 epidemic;

At the proposal of the Director of the Department of Tax Policy;

The Minister of Finance promulgates the Circular prescribing the rates and collection, remittance, management and use of charge for handling of competition cases.

Article 1. Scope of regulation and subjects of application

1. This Circular prescribes the rates and collection, remittance, management and use of charges, including: charge for settlement of independent requests filed by persons with related interests or obligations; and charge for appraisal of dossiers for enjoyment of immunity in the handling of competition cases.

2.  This Circular applies to:

a) Organizations and individuals that have their independent requests filed by persons with related interests or obligations settled, and appraisal of dossiers for enjoyment of immunity in the handling of competition cases.

b) Competent authority on settlement of independent requests filed by persons with related interests or obligations; and appraisal of dossiers for enjoyment of immunity in the handling of competition cases.

c) Other organizations and individuals involved in the collection and remittance of charge for settlement of independent requests filed by persons with related interests or obligations; and charge for appraisal of dossiers for enjoyment of immunity in the handling of competition cases.

Article 2. Charge payers

Charge payers according to this Circular including:

1.  Persons have independent requests involved in competition case as person with related interests or obligations as prescribed in Article 72 of the Law on Competition.

2.  Persons filed the dossiers for enjoyment of immunity in prohibited agreement on competition limitation as prescribed in Article 16 of the Law on Competition.

Article 3. Charge collecting agencies

The competent authority who settle the independent requests of persons involved in competition case as person with related interests or obligations; appraisal of dossiers for enjoyment of immunity in the handling of competition cases affiliated to the Ministry of Industry and Trade (Vietnam Competition and Consumer Protection Administration, National Council of Competition) shall collect the charge as prescribed in this Circular.

Article 4. Charge rate

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