Thông tư 61/2023/TT-BTC của Bộ Tài chính quy định mức thu, chế độ thu, nộp, quản lý và sử dụng phí trong lĩnh vực đăng ký giao dịch bảo đảm

CIRCULAR

RATES, COLLECTION, TRANSFER, MANAGEMENT AND USE OF FEES FOR REGISTRATION OF SECURED TRANSACTIONS

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 Law on Tax Administration dated June 13, 2019;

Pursuant to Decree No. 120/2016/ND-CP dated August 23, 2016 of the Government on elaboration and guidance on a number of Articles of the Law on Fees and Charges;

Pursuant to Decree No. 126/2020/ND-CP dated October 19, 2020 of the Government on elaboration of the Law on Tax Administration; Decree No. 91/2022/ND-CP dated October 30, 2022 of the Government on amendments to some Articles of the Government’s Decree No. 126/2020/ND-CP dated October 19, 2020 on elaboration of the Law on Tax Administration;

Pursuant to Decree No. 99/2022/ND-CP dated November 30, 2022 of the Government on registration of security interests;

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At request of the Director of the Tax Policy Department;

The Minister of Finance promulgates Circular on rates, collection, transfer, management and use of fees for registration of secured transactions.

Article 1. Scope and regulated entities

1. This Circular provides for rates, collection, transfer, management and use of fees for registration of secured transactions (registration of security interests) for movable property (except for securities registered with Vietnam Securities Depository and Clearing Corporation (VSDC), aircrafts), sea-going ships, annual plants under the Law on Crop Production, and temporary works under the Law on Construction, including:

a) Fees for registration of secured transactions.

b) Fees for provision of information on secured transactions.

c) Fees for provision of user code for secured transaction database.

2. This Circular applies to fee payers, fee collectors, other organizations and individuals that are relevant to the collection, transfer, management and use of fees for registration of secured transactions specified in Clause 1 of this Article.

3. This Circular shall not apply to:

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b) Civil judgment enforcement agencies, enforcers, competent authorities and competent persons specified in Clause 3 Article 8 of Decree No. 99/2022/ND-CP that request deregistration or withdrawal of one or a number of collateral for deregistration.

c) Correction of erroneous information in the registered information due to the fault of the registration applicant according to regulations in Article 19 of Decree No. 99/2022/ND-CP.

d) Deregistration specified in Clause 2 and Clause 3 Article 20 of Decree No. 99/2022/ND-CP.  

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

e) Provision of information on security interests or database user codes for competent authorities or competent persons specified in Article 52 of Decree No. 99/2022/ND-CP.

Article 2. Fee payers

Fee payers are agencies, organizations and individuals that use services provided by competent authorities specified in Article 3 of this Circular and pay fees specified in Clause 1 Article 1 of this Circular to such authorities.

Article 3. Fee collectors

1. Vietnam Maritime Administration affiliated to the Ministry of Transport or its branch office, or Maritime Administration authorized by Vietnam Maritime Administration shall collect fees for registration of secured transactions, and provision of information on secured transactions by sea-going ships or other property according to regulations of Vietnam Maritime Code and the law on registration of security interests.

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3. The National Registration Agency for Secured Transactions shall collect fees for provision of user codes for secured transaction database at the Agency.

4. Competent authority providing database user codes to search information on security interests in sea-going ships according to Vietnam Maritime Code shall collect fees for provision of user codes for database on secured transactions by sea-going ships.

Article 4. Fee rates

Fee rates for registration of secured transactions are prescribed in Fee Schedule issued together with this Circular. 

Article 5. Declaration and transfer of collected fees

1. Each payer shall pay the fee when submitting the application. The fee shall be paid to the collector in the form specified in Circular No. 74/2022/TT-BTC dated December 22, 2022 of the Minister of Finance on forms and time limits for collection, transfer and declaration of fees and charges within the jurisdiction of the Ministry of Finance of Vietnam.

If the payer who has been granted an online registration account for regular use submits application in the form specified in Clause 1 Article 13 of Decree No. 99/2022/ND-CP, he/she may make monthly transfer of the collected fee or transfer the collected fee at the time he/she submits the online application; in case of monthly transfer, by the 04^th of each month, the payer shall transfer all fees incurred in the preceding month to the collector.

2. Each collector shall transfer total amount of fees collected in the previous month to its dedicated account opened at the State Treasury by the 05^th of each month.

3. Collectors shall declare, collect, transfer and make statements of fees in accordance with regulations of the Circular No. 74/2022/TT-BTC.

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1. The collector that is the Center for registration of transactions and property specified in Clause 2 Article 3 of this Circular shall manage and use the collected fees as follows:

a) The Center may retain 85% of total amount of collected fees to cover expenses on service provision and fee collection specified in Article 5 of Government's Decree No. 120/2016/ND-CP dated August 23, 2016 (including expenses on management, operation, and maintenance of the Online Registration System and the Security Interest Database under the Ministry of Justice by the National Registration Agency for Secured Transactions).

b) The remaining amount (15%) shall be transferred to state budget according to chapters and sub-items of the applicable State Budget Index.

2. Collectors specified in Clause 1, Clause 3 and Clause 4 Article 3 of this Circular shall manage and use the collected fees as follows:

a) The collector that is the public service provider may retain 85% of total amount of collected fees to cover expenses on service provision and fee collection specified in Article 5 of Government's Decree No. 120/2016/ND-CP; and transfer the remaining amount (15%) to state budget according to chapters and sub-items of the applicable State Budget Index.

b) The collector that is the state agency shall transfer total amount of collected fees to state budget.  Expenses on service provision and fee collection are covered by the state budget and included in the estimate of the collector according to the state budget spending regime and norms.

The collector that is the state agency whose operation is covered by the collected fees as prescribed in Clause 1 Article 4 of Decree No. 120/2016/ND-CP may retain 85% of total amount of collected fees to cover expenses on service provision and fee collection specified in Article 5 of Government's Decree No. 120/2016/ND-CP; and transfer the remaining amount (15%) to state budget according to chapters and sub-items of the applicable State Budget Index.

Article 7. Implementation

1. This Circular comes into force from November 15, 2023.

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3. Other contents concerning the collection, transfer, management and use of fees, fee receipts, and disclosure of fee collection regimes which are not mentioned in this Circular shall comply with regulations of the Law on Fees and Charges, the Law on Tax Administration, the Decree No. 120/2016/ND-CP , the Decree No. 126/2020/ND-CP dated October 19, 2020, the Government’s Decree No. 91/2022/ND-CP dated October 30, 2022, the Government’s Decree No. 11/2020/ND-CP dated January 20, 2020, the Government’s Decree No. 123/2020/ND-CP dated October 19, 2020, the Circular No. 78/2021/TT-BTC dated September 17, 2021 of the Minister of Finance, and the Government’s Decree No. 123/2020/ND-CP dated October 19, 2020.

4. If the legislative documents referred to in this Circular are approved for amendments or superseded by other legislative documents, the new documents will prevail./.

5. Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Finance of Vietnam for consideration./.

PP. MINISTER
DEPUTY MINISTER




Cao Anh Tuan

SCHEDULE OF FEES FOR REGISTRATION OF SECURED TRANSACTION

(Enclosed with Circular No. 61/2023/TT-BTC dated September 28, 2023 of the Minister of Finance)

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Description

Fee

1

Secured transaction registration fees

a

Initial registration of secured transactions for movable property (except for securities registered with Vietnam Securities Depository and Clearing Corporation (VSDC), aircrafts), sea-going ships, annual plants and temporary works

80.000 VND/application

b

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60.000 VND/application

c

Registration of notice of realization of collateral, registration of changes to notice of realization of collateral

30.000 VND/application

d

Deregistration of security interests, deregistration of notice of realization of collateral

20.000 VND/application

dd

Issuance of a copy of a certificate of secured transaction registration

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2

Fees for provision of information on secured transactions for movable property (except for securities registered with Vietnam Securities Depository and Clearing Corporation (VSDC), aircrafts), sea-going ships, annual plants and temporary works

30.000 VND/application

3

Fees for provision of user code for secured transaction database

a

Provision of user code for one-time self-search

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10.000 VND/search

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Data search according to basic criteria, advanced criteria and data extraction by the registration agency

2.000 VND/transaction

b

Provision of user code for regular self-search

-

Data search according to basic criteria

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- 150.000 VND/customer/year for user code issued after July 01 every year

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Data search according to basic criteria, advanced criteria and data extraction by the registration agency

2.000 VND/transaction

*Note:

1. Basic criteria (as prescribed in Decree No. 99/2022/ND-CP): information search according to documents on identification of the legal status of the grantor; the name of the grantor that is a foreign organization; the chassis number of the motor vehicle; and the security registration number.

2. Advanced criteria (as prescribed in Decree No. 99/2022/ND-CP): information search according to type of collateral (including road motor vehicles; fishing vessels; inland waterway ships; railway vehicles; specialized vehicles on roads, waterways, railways; cargo transport vehicles; etc.); time period; the secured party in case where the secured party is the person requesting the information; and historical information on registration of security interests.

3. Data extraction is an act that the registration agency extracts original data corresponding to the searched information according to basic or advanced criteria as requested by the searcher.

4. Secured transaction registration fees specified in Point 1 of the Fee Schedule exclude postal service fee in case registration results are transferred by postal service.

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6. Organizations and individuals who are allowed to register security interests and provide information about security interests by aircrafts shall transfer fees according to regulations of Circular No. 193/2016/TT-BTC dated November 8, 2016 of the Minister of Finance on fees and charges in aviation industry and collection, transfer, management, and use thereof./.