Circular No. 94/2016/TT-BTC dated June 27, 2016 of the Ministry of Finance on amending a number of the Decision No. 59/2006/QD-BTC on collection, payment, allocation of verification and licensing fees for exploration, exploitation and use of water resources, discharge of wastewater into water bodies and underground water well drilling; and Circular No. 02/2014/TT-BTC on guideline for fees and charges within the jurisdiction of People’s Councils of provinces and centrally-affiliated cities

THE MINISTRY OF FINANCE 

Circular No. 94/2016/TT-BTC dated June 27, 2016 of the Ministry of Finance on amending a number of the Decision No. 59/2006/QD-BTC on collection, payment, allocation of verification and licensing fees for exploration, exploitation and use of water resources, discharge of wastewater into water bodies and underground water well drilling; and Circular No. 02/2014/TT-BTC on guideline for fees and charges within the jurisdiction of People’s Councils of provinces and centrally-affiliated cities

Pursuant to the Ordinance No.38/2001/PL-UBTVQH10 on Fees and Charges dated August 28, 2001;

Pursuant to the Decree No.57/2002/ND-CP dated June 03, 2002 and Decree No.24/2006/ND-CP dated March 06, 2006 on amendments to a number of Articles of the Government’s Decree No.57/2002/ND-CP dated June 03, 2002 detailing the implementation of  the Ordinance on Fees and Charges;

Pursuant to the Government’s Decree No.201/2013/ND-CP dated November 27, 2013 detailing the implementation of a number of Articles of the Law on Water Resources;

Pursuant to the Government s Decree No. 215/2013/ND-CP dated December 23, 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Finance;

At request of the Director of the Tax Policy Department,

The Minister of Finance hereby issues this Circular on amendments to the Decision No.59/2006/QD-BTC dated October 25, 2006 on collection, payment, allocation  of verification fees and licensing fees for exploration, exploitation and use of water resources, discharge of wastewater into water bodies and underground water well drilling; and Circular No.02/2014/TT-BTC  dated January 02, 2014 on guideline for fees and charges within the jurisdiction of People’s Councils of provinces and centrally-affiliated cities as follows:

Article 1. To amend the Decision No.59/2006/QD-BTC dated October 25, 2006 by the Minister of Finance (hereinafter referred to as “Decision No.59/2006/QD-BTC)

Point 5, Section I –Schedule of fees and charges enclosed with the Decision No.59/2006/QD-BTC is amended as follows:

Article 2. To amend the clause 2, Article 3 of the Circular No.02/2014/TT-BTC dated January 02, 2014 by the Minister of Finance (hereinafter referred to as “Circular No.02/2014/TT-BTC “)

1.To amend the Point a.14, clause 2, Article 3 of the Circular No.02/2014/TT-BTC on fees for verification of proposals for/reports on exploration, exploitation and use of underground water; exploitation and use of surface water; discharge of wastewater into water bodies and irrigation works (hereinafter referred to as “verification fee”) as follows:

“-Verification fee is charged to upset against part or whole costs for verification of proposals or reports on exploration, exploitation and use of underground water; exploitation and use of surface water; discharge of wastewater into water bodies, irrigation works and fee collection.

-Amount of verification fees: The verification fee shall be determined according to the reality. To be specific:

+ Fees for verification of proposals/reports on exploration, exploitation and use of underground water are as follows:

Proposals for water well design with the flow of less than 200 m³/day: not exceeding 400,000 dong/proposal

Proposals/reports on exploration and exploitation of water with the flow of 200 m³to less than 500 m³/day: not exceeding 1,100,000 dong/proposal or report

Proposals/reports on exploration and exploitation of water with the flow of 500 m³to less than 1,000 m³/day: not exceeding 2,600,000 dong/proposal or report.

Proposals/reports on exploration and exploitation of water with the flow of 1,000 m³to less than 3,000 m³/day: not exceeding 5,000,000 dong/proposal or report.

+ Fees for verification of proposals/reports on exploitation and use of surface water are as follows:

Proposals/reports on exploitation and use of surface water with the flow of less than 500 m³/day: not exceeding 600,000 dong/proposal or report.

Proposals/report on exploitation and use of surface water for agriculture with the flow ranging from 0.1 m³to less than 0.5 m³/s; or for electricity with the capacity of 50 kw to less than 200 kw or other purposes with the flow ranging from 500 m³to less than 3,000 m³/day: not exceeding 1,800,000 dong/proposal or report.

Proposals/report on exploitation and use of surface water for agriculture with the flow ranging from 0.5 m³to less than 1 m³/s; or for electricity with the capacity of 200 kw to less than 1,000 kw or other purposes with the flow of 3,000 m³to less than 20,000 m³/day: not exceeding 4,400,000 dong/proposal or report.

Proposals/report on exploitation and use of surface water for agriculture with the flow ranging from 1 m³to less than 2 m³/s; or for electricity with the capacity of 1,000 kw to less than 2,000 kw or other purpose with the flow ranging from 20,000 m³to less than 50,000 m³/day: not exceeding 8,400,000 dong/proposal or report.

+Fees for verification of proposals for and reports on wastewater discharge into water bodies and irrigation works are as follows:

Proposals/report on wastewater discharge with the flow of less than 100 m³/day: not exceeding 600,000/proposal or report.

Proposals/reports on wastewater discharge with the flow ranging from 100 m³to less than 500 m³/day: not exceeding 1,800,000 dong/proposal or report.

Proposals/reports on wastewater discharge with the flow ranging from 500 m³to less than 2,000 m³/day: not exceeding 4,400,000 dong/proposal or report.

Proposals/reports on wastewater discharge with the flow ranging from 2,000 m³to less than 3,000 m³/day: not exceeding 8,400,000 dong/proposal or report.

Proposals/reports on the aquaculture wastewater discharge with the flow ranging from 10,000 m³to less than 20,000 m³/day: not exceeding 11,600,000 dong/proposal or report.

Proposals/reports on the aquaculture wastewater discharge with the flow ranging from 20,000 m³to less than 30,000 m³/day: not exceeding 14,600,000 dong/proposal or report.

+In case of verification for extension or adjustment to wastewater discharge permit, the verification fee may be increased by up to 50% of the aforesaid verification fee.

+In case of verification for re-issue of wastewater discharge permit, the verification fee may be increased by up to 30% of the aforesaid verification fee.

2.To amend Point b.8, clause 2, Article 3 of the Circular No.02/2014/TT-BTC on fees for issue of underground water exploration and exploitation license (hereinafter referred to as “licensing fees”) as follows:

“- The licensing fee is charged by State competent authorities that have the power to issue underground water exploration and exploitation licenses under regulations of laws.

-The maximum licensing fee shall not exceed 150,000 dong/license. In case of extension/adjustment/re-issue of the License, the licensing fee may be increased by up to 50% of that charged for the first issue.

3.To amend the Point b.9, clause 2, Article 3 of the Circular No.02/2014/TT-BTC on fees for issue of surface water exploration and exploitation license (hereinafter referred to as “licensing fees”) as follows:

“-This licensing fee is charged by State competent authorities that have the power to issue surface water exploration and exploitation licenses under regulations of laws.

-The maximum licensing fee shall not exceed 150,000 dong/license. In case of extension/adjustment/re-issue of the License, the fee may be increased by up to 50% of that charged for the first issue.

4.To amend the Point b.10, clause 2, Article 3 of the Circular No.02/2014/TT-BTC on fees for issue of permits to discharge wastewater into water bodies (hereinafter referred to as “permit fees”) as follows:

“- This permit fee is charged by State competent authorities that have the power to issue the permit to discharge wastewater into water bodies under regulations of laws.

-The maximum permit fee shall not exceed 150,000 dong/permit. In case of extension/adjustment/re-issue of the Permit, the fee may be increased by up to 50% of the that charged for the first issue.

5.To amend Point b.11, clause 2, Article 3 of the Circular No.02/2014/TT-BTC on fees for issue of permits to discharge wastewater into irrigation works (hereinafter referred to as “permit fees”) as follows:

“- This permit fee is charged by State competent authorities that have the power to issue the permit to discharge wastewater into irrigation works under regulations of laws.

-The maximum permit fee shall not exceed 150,000 dong/permit. In case of extension/adjustment/re-issue of the Permit, the fee may be increased by up to 50% of the licensing fee charged in the first issue.

Article 3. Implementation organizations

1.This Circular takes effect on August 11, 2016.

2.Other aspects in relation to verification fees, licensing fees and permit fees that are not prescribed in this Circular shall conform to the Decision No.59/2006/QD-BTC dated October 25, 2006 on collection, payment, allocation  of verification and licensing fees for exploration, exploitation and use of water resources, discharge of wastewater into water bodies and water well drilling; and Circular No.02/2014/TT-BTC  dated January 02, 2014 on guideline for fees and charges within the jurisdiction of People’s Councils of provinces and centrally-affiliated cities.

3. As of the effective date of this Circular, where the people’s Council of provinces has yet to issue new regulations, the existing regulation shall apply.

4.Any arising in the course of implementation of this Circular should be promptly reported to the Ministry of Finance. /.

For the Minister

The Deputy Minister

Vu Thi Mai