CIRCULAR

PROVIDING FOR FEES FOR HANDLING OF COMPETITION CASES, AND THE COLLECTION, TRANSFER, MANAGEMENT AND USE 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 Law on competition dated December 03, 2004;

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. 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,

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Article 1. Scope and regulated entities

1. Scope

This Circular provides for the fees for handling of competition cases, and the collection, transfer, management and use thereof, including: the fees for handling of competition complaints, the fees for handling of independent requests of persons having relevant rights and obligations, and the fees for processing of applications for exemption on a competition case.

2. Regulated entities

This Circular applies to organizations/ individuals involved in competition cases handled by competition management agencies; the competition management agencies that have the power to handle competition cases and other organizations/ individuals relating to the collection and transfer of fees for handling of competition cases.

Article 2. Payers

1. Payers of fees for handling of competition cases as prescribed in Article 63 of the Law on competition.

2. Payers of fees for handling of competition cases as prescribed in Article 30 and Article 58 of the Law on competition.

Article 3. Collector

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Article 4. Fee

The fees for handling of competition cases are provided for as follows:

1. The fees for handling of competition complaints:

a) Complaints agaisnt unfair competition actions: VND 10,000,000/ case;

b) Complaints agaisnt competition restriction actions: VND 100,000,000/ case;

2. The fee for handling of independent requests of persons having relevant rights and obligations shall be VND 10,000,000/ case.

3. The fee for processing of applications for exemption on a competition case shall be VND 50,000,000/ application.

Article 5. Declaration and transfer of fees

1. Not later than the 05^th day of every month, the collector must transfer the fees collected in the previous month into the designated state budget account which is opened at the State Treasury.

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Article 6. Management and use of fees

1. The collector must pay total amount of collected fees to state budget according to the list of current state budget entries. Expenditure for carrying out fee collection activities shall be covered by funding from state budget included in the collector’s estimate under policies and levels of state budget expenditures as regulated by laws.

2. If the collector is provided with predetermined operating expenditure in conformity with regulations on the autonomy in payroll and use of administrative expenditure by state agencies by the Government or the Prime Minister, the collector may retain 90% (ninety percent) of total amount of collected fees to cover the expenditure for conducting fee collection activities as regulated in Clause 2 Article 5 of 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 remains as 10% (ten percent) must be paid to state budget according to the list of current state budget entries.

Article 7. Implementation

1. This Circular takes effect as of January 01, 2017.

2. Other contents related to the collection, transfer, management and use 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 management; the Law on amendments to the Law on tax management 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 and charges under the government revenues and other documents on amendments and supplements thereof (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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