Decision No. 94/2004/QD-BTC dated December 07, 2004 of the Ministry of Finance providing the regime on collection, remittance, management and use of fees for the grant of judicial record cards

DECISION

PROVIDING THE REGIME ON COLLECTION, REMITTANCE, MANAGEMENT AND USE OF FEES FOR THE GRANT OF JUDICIAL RECORD CARDS

THE MINISTER OF FINANCE

Pursuant to the August 28, 2001 Ordinance on Charges and Fees and Decree No. 57/2002/ND-CP of June 3, 2002, detailing the implementation of the Ordinance on Charges and Fees;

Pursuant to the Government's Decree No. 77/2003/ND-CP of July 1, 2003, defining the functions, duties, powers and organizational structure of the Ministry of Finance;

After obtaining the Justice Ministry's opinions (in Official Letter No. 2068/TP-LLTP of August 4, 2004) and at the proposal of the general director of the General Department of Tax,

DECIDES:

Article 1.- Vietnamese citizens and foreigners, when filing applications for judicial record cards and being granted such cards by competent state management agencies under the provisions of Joint Circular No. 07/1999/TTLT-BTP-BCA of February 8, 1999, of the Justice Ministry and the Public Security Ministry, must pay fees for the grant of judicial record cards at a rate of VND 100,000/grant/person.

Particularly for Vietnamese citizens that reside in exceptional difficulty-hit communes in mountainous, deep-lying and remote areas covered by the socio-economic development program under the Prime Minister's Decision No. 135/1998/QD-TTg of July 31, 1998 (referred collectively to as Program 135), the rate of VND 50,000/grant/person shall apply. Such communes are specified in the following Prime Minister's Decisions:

- Decision No. 1232/QD-TTg of December 24, 1999, approving the list of exceptional difficulty-hit communes and border communes covered by the program on socio-economic development in exceptional difficulty-hit communes in mountainous, deep-lying and remote areas;

- Decision No. 647/QD-TTg of July 12, 2000, supplementing the list of exceptional difficulty-hit communes and border communes covered by the program on socio-economic development in exceptional difficulty-hit communes in mountainous, deep-lying and remote areas;

- Decision No. 42/2001/QD-TTg of March 26, 2001, adding exceptional difficulty-hit communes covered by the program on socio-economic development in exceptional difficulty-hit communes in mountainous ethnic minority, border, deep-lying and remote areas;

- Decision No. 231/2003/QD-TTg of November 12, 2003, adding and changing communes covered by the program on socio-economic development in exceptional difficulty-hit communes in mountainous ethnic minority, border, deep-lying and remote areas; and other decisions adding exceptional difficulty-hit communes covered by the program on socio-economic development in exceptional difficulty-hit communes in mountainous ethnic minority, border, deep-lying and remote areas.

The rates set in this Article are inclusive of expenses for dossiers of application for judicial record cards.

Article 2.- Fees for the grant of judicial record cards stipulated in this Decision constitute a state budget revenue, which shall be managed and used as follows:

1. Fee-collecting agencies, which are judicial record card-granting agencies, shall register, declare, collect, remit and settle fees for the grant of judicial record cards according to the provisions of the Ordinance on Charges and Fees and documents guiding the implementation of the Ordinance.

2. The fee-collecting agencies may deduct 20% of the total actually collected fee amount to cover fee collection expenses according to the following contents:

- Expense for the purchase (or printing) of forms and books necessary for the grant of judicial record cards; the duplication or copying of dossiers, and other expenses in direct service of the grant of judicial record cards;

- Expense for the maintenance and repair of machinery and equipment in service of the grant of judicial record cards;

- Expense for the verification of judicial records in complicated cases;

- Deduction for the setting up of commendation and welfare funds for officials and employees directly engaged in fee collection. The average annual per capita deduction for the setting up of the above-said 2 (two) funds shall not exceed 3 (three) months' actually paid salary if this year's revenue is higher than that of the previous year, or be equal to 2 (two) months' actually paid salary if this year's revenue is lower than or equal to that of the previous year.

The fee-collecting agencies must use the total fee amount deducted as provided for above for proper purposes with lawful documents, and make annual settlement thereof according to regulations; if such amount has not yet been used up in the year, the remainder shall be carried forward to the subsequent year for further spending according to regulations.

3. The remainder of the total collected fee amount, after subtraction of the amount deducted according to the percentage set at Clause 2 of this Article, shall be remitted into the state budget according to corresponding chapters and clauses, Item 045, Sub-item 11 of the current State Budget Index.

Article 3.- This Decision takes effect 15 days after its publication in "CONG BAO" and replaces the Finance Minister's Decision No. 146/2000/QD-BTC of September 18, 2000, promulgating the rates of fees for the grant of judicial record cards.

Article 4.- Fee payers, units tasked to collect fees for the grant of judicial record cards, and concerned agencies shall have to implement this Decision.