Circular 61/2023/TT-BTC charges in registration of secured transactions

CIRCULAR

Providing for the rates and collection, remittance, management and use of charges in registration of secured transactions

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

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

Pursuant to the June 13, 2019 Law on Tax Administration;

Pursuant to the Government’s Decree No. 120/2016/ND-CP of August 23, 2016, detailing, and guiding the implementation of, a number of articles of the Law on Charges and Fees (below referred to as Decree No. 120/2016/ND-CP);

Pursuant to the Government’s Decree No. 126/2020/ND-CP of October 19, 2020, detailing a number of articles of the Law on Tax Administration (below referred to as Decree No. 126/2020/ND-CP); and the Government’s Decree No. 91/2022/ND-CP of October 30, 2022, amending and supplementing a number of articles of the Government’s Decree No. 126/2020/ND-CP of October 19, 2020, detailing a number of articles of the Law on Tax Administration (below referred to as Decree No. 91/2022/ND-CP);

Pursuant to the Government’s Decree No. 99/2022/ND-CP of November 30, 2022, on registration of security interests (below referred to as Decree No. 99/2022/ND-CP);

Pursuant to the Government’s Decree No. 14/2023/ND-CP of April 20, 2023, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

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

The Minister of Finance promulgates the Circular providing for the rates and collection, remittance, management and use of charges in registration of secured transactions.

 Article 1. Scope of regulation and subjects of application

1. This Circular provides for the rates, and collection, remittance, management and use of charges in registration of secured transactions (registration of security interests) for movables (other than securities centralizedly registered at the Vietnam Securities Depository and Clearing Corporation and aircraft), seagoing ships, annual crops as defined by the Law on Crop Production, and makeshift works as defined by the Law on Construction, including:

a/ Charge for registration of secured transactions.

b/ Charge for provision of information on secured transactions.

c/ Charge for grant of codes for use of the database on secured transactions.

2. This Circular applies to charge payers; charge-collecting organizations; and other organizations and individuals involved in collection, remittance, management and use of charges in registration of secured transactions specified in Clause 1 of this Article.

3. This Circular does not apply to:

a/ Individuals and households that register security interests for borrowing loans at credit institutions under Clause 4, Article 1 of the Government’s Decree No. 116/2018/ND-CP of September 7, 2018, amending and supplementing a number of articles of the Government’s Decree No. 55/2015/ND-CP of June 9, 2015, on credit policies for agricultural and rural development, and that submit registration dossiers meeting the conditions specified in Clause 3, Article 9 of Decree No. 99/2022/ND-CP.

b/ The civil judgment enforcement agencies, enforcers, competent agencies, and competent persons specified in Clause 3, Article 8 of Decree No. 99/2022/ND-CP that request deregistration or request withdrawal of one or several of collateral items for deregistration of such item(s).

c/ Correction of errors in registered contents, in case the errors are made by the registries under Article 19 of Decree No. 99/2022/ND-CP.

d/ Deregistration under Clauses 2 and 3, Article 20 of Decree No. 99/2022/ND-CP.

dd/ Registration cancellation in the cases specified in Article 21 of Decree No. 99/2022/ND-CP.

e/ Provision of information on security interests or grant of codes for database use to competent agencies or competent persons specified in Article 52 of Decree No. 99/2022/ND-CP.

​ Article 2. Charge payers

Charge payers in registration of secured transactions include agencies, organizations and individuals for/from which/whom the competent state agencies specified in Article 3 of this Circular provide services and collect the charges specified in Clause 1, Article 1 of this Circular.

Article 3. Charge-collecting organizations

1. The Vietnam Maritime Administration under the Ministry of Transport or the Vietnam Maritime Administration’s Branches or Maritime Administrations as decentralized by the Vietnam Maritime Administration shall collect charges for registration of secured transactions and provision of information on secured transactions in seagoing ships and other assets in accordance with the maritime law and the law on registration of security interests.

2. The Transaction and Asset Registration Center of the National Registration Agency for Secured Transactions under the Ministry of Justice shall collect charges for registration of secured transactions and provision of information on secured transactions by movables (except securities centralizedly registered at the Vietnam Securities Depository and Clearing Corporation, aircraft and seagoing ships), annual crops as defined by the Law on Crop Production, and makeshift works as defined by the Law on Construction.

3. The National Registration Agency for Secured Transactions shall collect charges for grant of codes for use of the database on secured transactions at the National Registration Agency for Secured Transactions.

4. The agency competent to grant codes for use of the database on secured transactions by seagoing ships to search for information on security interests by seagoing ships under the maritime law shall collect charges for grant of codes for use of the database on secured transactions by seagoing ships.

Article 4. Charge rates

Rates of charges in registration of secured transactions are provided in the Table of charge rates promulgated together with this Circular.

Article 5. Charge declaration and remittance

1. When submitting registration dossiers, charge payers shall pay charges to charge-collecting organizations in the forms specified in the Minister of Finance’s Circular No. 74/2022/TT-BTC of December 22, 2022, providing for forms of and time limits for the collection, remittance and declaration of charges and fees falling within the Ministry of Finance’s competence (below referred to as Circular No. 74/2022/TT-BTC).  

For charge payers already granted online registration accounts for regular use that submit their registration dossiers by the methods specified in Clause 1, Article 13 of Decree No. 99/2022/ND-CP, they may pay charges on a monthly basis or each time when they submit registration dossiers. If choosing monthly charge payment, charge payers shall, by the 4^th every month at the latest, pay the whole charge amounts arising in the preceding month to charge-collecting organizations.

2. By the 5^th every month at the latest, charge-collecting organizations shall deposit the charge amounts collected in the preceding month into their accounts of charge amounts awaiting remittance into the state budget, which are opened at the State Treasury.

3. Charge-collecting organizations shall conduct declaration, collection, remittance and account-finalization of the collected charge amounts under Circular No. 74/2022/TT-BTC. 

Article 6. Charge management and use

1. The Transaction and Asset Registration Center acting as a charge-collecting organization specified in Clause 2, Article 3 of this Circular shall manage and use the collected charge amounts as follows:

a/ It may retain 85% of the collected charge amounts to cover expenses for provision of services and collection of charges under Article 5 of Decree No. 120/2016/ND-CP (including also expenses for the National Registration Agency for Secured Transactions to cover the management, operation and maintenance of the online registration system and the database on security interests under the Ministry of Justice).

b/ It shall remit 15% of the collected charge amounts into the state budget according to the chapter and item of the current State Budget Index.

2. The charge-collecting organizations specified in Clauses 1, 3 and 4, Article 3 of this Circular shall manage and use the collected fee amounts as follows:

a/ If acting as public non-business units, the charge-collecting organizations may retain 85% of the collected charge amounts to cover expenses for provision of services and collection of charges under Article 5 of Decree No. 120/2016/ND-CP, and remit 15% of the collected charge amounts into the state budget according to the chapter and item of the current State Budget Index.

b/ If acting as state agencies, the charge-collecting organizations shall remit the whole collected charge amounts into the state budget. Expenses for provision of services and collection of charges shall be included in state budget estimates of charge-collecting organizations according to the regime and norms of state budget expenditures.

If acting as state agencies entitled to use the collected charge amounts to cover their operating expenses under Clause 1, Article 4 of Decree No. 120/2016/ND-CP, the charge-collecting organizations may retain 85% of the collected charge amounts to cover expenses for provision of services and collection of charges under Article 5 of Decree No. 120/2016/ND-CP, and shall remit 15% of the collected charge amounts into the state budget according to the chapter and item of the current State Budget Index.

Article 7. Implementation provisions

1. This Circular takes effect on November 15, 2023.

2. This Circular replaces the Minister of Finance’s Circular No. 202/2016/TT-BTC of November 9, 2016, providing for the rates and collection, remittance, management and use of charges in registration of secured transactions, and the Minister of Finance’s Circular No. 113/2017/TT-BTC of October 20, 2017, amending and supplementing a number of articles of the Minister of Finance’s Circular No. 202/2016/TT-BTC of November 9, 2016, providing for the rates and collection, remittance, management and use of charges in registration of secured transactions.

3. Other contents relating to the collection, remittance, management and use of charges, documents for charge collection, and publicity of charge collection regulations that are not mentioned in this Circular must comply with the Law on Charges and Fees; Decree No. 120/2016/ND-CP; the Law on Tax Administration; Decree No. 126/2020/ND-CP; Decree No. 91/2022/ND-CP; the Government’s Decree No. 11/2020/ND-CP of January 20, 2020, providing for the State Treasury-related administrative procedures; the Government’s Decree No. 123/2020/ND-CP of October 19, 2020, on invoices and documents; and the Minister of Finance’s Circular No. 78/2021/TT-BTC of September 17, 2021, guiding the implementation of a number of articles of the June 13,  2019 Law on Tax Administration and the Government’s Decree No. 123/2020/ND-CP of October 19, 2020, on invoices and documents.

4. In the course of implementation of this Circular, if  the legal documents referred to in this Circular are revised or replaced, the revising or replacing documents shall prevail.

5. Any problems arising in the course of implementation of this Circular should be promptly reported to the Ministry of Finance for study and additional guidance.-

For the Minister of Finance

Deputy Minister

CAO ANH TUAN

​* The Table of charge rates promulgated together with this Circular is not translated.