Thông tư 143/2016/TT-BTC quy định mức thu, chế độ thu, nộp lệ phí cấp giấy phép thành lập Văn phòng đại diện của tổ chức xúc tiến thương mại nước ngoài, thương nhân nước ngoài tại Việt Nam do Bộ trưởng Bộ Tài chính ban hành

CIRCULAR

PROVIDING FOR FEES FOR PROCESSING OF APPLICATIONS FOR THE LICENSE TO ESTABLISH REPRESENTATIVE OFFICES OF FOREIGN TRADE PROMOTION ORGANIZATIONS OR FOREIGN TRADERS IN VIETNAM, AND THE COLLECTION AND TRANSFER THEREOF

Pursuant to the Law on fees and charges dated November 25, 2015;

Pursuant to the Law on state budget dated June 25, 2015;

Pursuant to the Government's Decree No. 120/2016/ND-CP dated August 23, 2016 detailing and guiding the implementation of a number of articles of the Law on fees and charges;

Pursuant to the Government’s Decree No. 100/2011/ND-CP dated October 28, 2011 providing for the establishment and operation of representative offices of foreign trade promotion organizations in Vietnam;

Pursuant to the Government’s Decree No. 07/2016/ND-CP dated January 25, 2016 introducing detailed regulations on establishment of representative offices or branches of foreign traders in Vietnam under the Law on Commerce;

Pursuant to the Government's Decree No. 29/2008/ND-CP dated March 14, 2008 on industrial parks, export processing zones, and economic zones and the Government's Decree No. 164/2013/ND-CP dated November 12, 2013 on amendments to some articles of Decree No. 29/2008/ND-CP dated March 14, 2008;

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

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

Minister of Finance promulgates a Circular introducing the following regulations on fees for processing of applications for the license to establish representative offices of foreign trade promotion organizations or foreign traders in Vietnam, and the collection and transfer thereof.

Article 1. Scope

This Circular deals with regulations on payers, collectors, fees for processing of applications for the license to establish representative offices of foreign trade promotion organizations or foreign traders in Vietnam, and the collection and transfer thereof.

Article 2. Payers

Any foreign trade promotion organizations or foreign traders that obtain the license to establish representative offices in Vietnam must pay fees in accordance with regulations hereof.

Article 3. Collectors

1. The state agency that has the power to issue the license to establish representative offices in Vietnam to foreign trade promotion organizations (the Vietnam Trade Promotion Agency affiliated to Ministry of Industry and Trade) in accordance with regulations in the Government’s Decree No. 100/2011/ND-CP dated October 28, 2011 providing for the establishment and operation of representative offices of foreign trade promotion organizations in Vietnam shall collect and transfer fees for processing of applications for the license to establish representative offices in Vietnam submitted by foreign trade promotion organizations in accordance with regulations hereof.

2. The state agencies that have the power to issue the license to establish representative offices in Vietnam to foreign traders in accordance with regulations in theGovernment’s Decree No. 07/2016/ND-CP dated January 25, 2016 introducing detailed regulations on establishment of representative offices or branches of foreign traders in Vietnam under the Law on Commerce and agencies that are authorized to issue the license to establish representative offices in Vietnam to foreign traders in accordance with regulations in the Government's Decree No. 29/2008/ND-CP dated March 14, 2008 on industrial parks, export processing zones, and economic zones andthe Government's Decree No. 164/2013/ND-CP dated November 12, 2013 on amendments to some articles of Decree No. 29/2008/ND-CP dated March 14, 2008 shall collect and transfer fees for processing of applications for the license to establish representative offices in Vietnam submitted by foreign trader in accordance with regulations hereof.

3. This Circular shall not apply to representative offices in Vietnam of foreign non-governmental organizations, cooperation organizations, research organizations, educational institutions and other foreign organizations.

Article 4. Fee

1. Foreign trade promotion organizations or foreign traders must pay the following fees for processing of their applications for the license to establish representative offices in Vietnam:

a) New license: VND 3,000,000 (three million)/an application;

b) Re-issuance, modification or renewal of license: VND 1,500,000 (one million and fife hundred thousand)/an application.

2. Foreign trade promotion organizations or foreign traders must pay fees for processing of their applications for the license to establish representative offices in Vietnam in Vietnamese Dong (VND).

Article 5. Collection and transfer of fees

1. Collectors must declare and transfer collected fees in accordance with guidelines in the Government’s Decree No. 120/2016/ND-CP dated August 23, 2016 detailing and guiding the implementation of a number of articles of the Law on fees and charges; the Circular No. 156/2013/TT-BTC dated November 06, 2013 by Minister of Finance providing guidance on a number of articles of the Law on tax administration; the Law on amendments to the Law on tax administration and the Government's Decree No. 83/2013/ND-CP dated July 22, 2013.

2. Collectors must pay total amount (100%) of collected fees to state budget according to the list of current state budget entries. Expenditures relating to the processing of applications for the license to establish representative offices of foreign trade promotion organizations or foreign traders in Vietnam, and the fee collection shall be covered by funding from state budget according to annually approved estimate.

Article 6. Implementation

1. This Circular shall take effect as from January 01, 2017 and supersede the Circular No. 133/2012/TT-BTC dated August 13, 2012 by Minister of Finance on fees for processing of applications for the license to establish representative offices of foreign traders in Vietnam, the collection, transfer, management and use thereof, and the Circular No. 187/2012/TT-BTC dated November 07, 2012 by Minister of Finance on fees for processing of applications for the license to establish representative offices of foreign trade promotion organizations in Vietnam, the collection, transfer, management and use thereof.

2. Other contents related to the collection and payment of fees, which are not provided for in this Circular, shall be performed in conformity with regulations in the Law on fees and charges; the Government's Decree No. 120/2016/ND-CP dated August 23, 2016 detailing and guiding the implementation of a number of articles of the Law on fees and charges; the Circular No. 156/2013/TT-BTC dated November 06, 2013 by Minister of Finance providing guidance on a number of articles of the Law on tax administration; the Law on amendments to the Law on tax administration and the Government's Decree No. 83/2013/ND-CP dated July 22, 2013, and the Circular by Minister of Finance providing for the printing, issuance, management and use of receipts of fees/ charges under the government revenues and other amendments documents (if any).

3. Payers and relevant agencies are responsible for implementing this Circular. Difficulties that arise during the implementation of this Circular should be promptly reported to Ministry of Finance for consideration./.

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