Regulations on collection levels, collection, payment, management and use of fees in the field of registration of secured transactions

On September 28, 2023, the Minister of Finance issued Circular No. 61/2023/TT-BTC regulating the collection rates, collection, payment, management and use of fees in the field of registration of secured transactions. This Circular takes effect from November 15, 2023.

Accordingly, the Provincial Tax Department issued Document No. 1921/CTCBA-TTHT dated October 6, 2023 on the implementation of the Circular. For organizations and individuals in the area to promptly grasp and implement, the Provincial Tax Department introduces some main contents of the Circular as follows:

Circular regulating the collection rates, collection, payment, management and use of fees in the field of registration of secured transactions (registration of secured measures) for movable property (except for securities centrally registered at the Vietnam Securities Depository and Clearing Corporation, aircraft), ships, annual crops as prescribed in the Law on Cultivation, temporary works as prescribed in the Law on Construction, including: Fee for registration of secured transactions, fee for providing information on secured transactions, fee for granting codes for using the database on secured transactions.

This Circular applies to fee payers; fee collection organizations; other organizations and individuals related to the collection, payment, management and use of fees in the field of registration of secured transactions specified in Clause 1 of this Article.

The Circular does not apply to individuals and households registering loan security measures at credit institutions as prescribed in Clause 4, Article 1 of Decree No. 116/2018/ND-CP dated September 7, 2018 of the Government amending and supplementing a number of articles of Decree No. 55/2015/ND-CP dated June 9, 2015 of the Government on credit policies for agricultural and rural development with registration dossiers meeting the provisions of Clause 3, Article 9 of Decree No. 99/2022/ND-CP dated November 30, 2022 of the Government on registration of security measures.

Fee payers in the field of secured transaction registration are agencies, organizations and individuals when the competent state agency specified in Article 3 of this Circular provides services and collects fees specified in Clause 1, Article 1 of this Circular.

The fee level in the field of registration of secured transactions shall comply with the provisions in the fee level schedule issued with this Circular.

Fee payers shall pay fees when submitting registration documents and fees to the fee collection organization in the form prescribed in Circular No. 74/2022/TT-BTC dated December 22, 2022 of the Minister of Finance stipulating the form, time limit for collection, payment, and declaration of fees and charges under the authority of the Ministry of Finance.

In case the fee payer has been granted an online registration account for regular use and submits the registration application in the manner prescribed in Clause 1, Article 13 of Decree No. 99/2022/ND-CP, he/she may choose to pay the fee monthly or each time he/she submits the application; in case of monthly payment, no later than the 4th of each month, the fee payer must pay the entire fee amount incurred in the previous month to the fee collection organization.

The Circular takes effect from November 15, 2023 and replaces Circular No. 202/2016/TT-BTC dated November 9, 2016 of the Minister of Finance stipulating the collection rates, collection, payment, management and use of fees in the field of registration of secured transactions and Circular No. 113/2017/TT-BTC dated October 20, 2017 of the Minister of Finance amending and supplementing a number of articles of Circular No. 202/2016/TT-BTC dated November 9, 2016 of the Minister of Finance stipulating the collection rates, collection, payment, management and use of fees in the field of registration of secured transactions.

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