Circular 33/2012/tt-Btc: Tutorial Mode, Lodging And Usage Management Fees In The Construction Field

Original Language Title: Thông tư 33/2012/TT-BTC: Hướng dẫn chế độ thu, nộp và quản lý sử dụng lệ phí trong lĩnh vực xây dựng

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CIRCULAR guide mode, lodging and usage management fees in the field of construction _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law No. 16/2003/QH11 on 26/11/2003;
Basing the Ordinance fees and charges;
Pursuant to Decree No. 12/2009/ND-CP on 10/02/2009 on the management of government investment project construction and Decree No. 83/2009/ND-CP on October 15, 2009 on amendments and supplements to some articles of Decree No. 12/2009/ND-CP on 10/02/2009 of Government;
Pursuant to Decree No. 112/2009/ND-CP on December 14, 2009 by the Government on managing the cost of construction works;
Pursuant to Decree No. 57/2002/ND-CP dated 3/6/2002 and Decree No. 24/2006/ND-CP dated 6/3/2006 detailing the Government's enforcement of the Ordinance on fees and charges;
Pursuant to Decree No. 118/2008/ND-CP on November 27, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of finance;
Pursuant to decision 87/2004/QD-TTg dated 19/5/2004 of the Prime Minister on the issuance of regulations to manage the operations of foreign contractors in the field to build in Vietnam and decision No. 03/2012/QD-TTg dated 16/01/2012 about modifying, supplementing some articles of the Statute to manage the operations of foreign contractors in the field to build in Vietnam ban attached to decision No 87/2004/QD-TTg dated 19/5/2004 of the Prime Minister;
Pursuant resolution No. 55/NQ-CP on December 14, 2010 of the Government on the simplification of administrative procedures in the range management functions of the building;
After the opinion of the building at no. 29/BXD-KTXD on 10/01/2012, the Ministry of finance regulation mode, lodging and usage management fees in the construction field as follows: article 1. Object collection object to submit the fees certificate of practice of architects, engineers, construction activities; the fee for certification of construction supervision; the fee for certification of engineers construction and licensing fee consultation and building for foreign bidders specified in this circular, including: 1. The individual in Australia and overseas are state management agencies have the Authority (or authorized units) certificate of practice of architects engineer construction activities specified in Decree No. 12/2009/ND-CP dated February 12, 2009 on the management of government investment project construction.
2. The individual in Australia and overseas are state management agencies have the Authority (or authorized units) certificate of practice supervision of building works in Decree No. 12/2009/ND-CP dated February 12, 2009 on the management of government investment project construction.
3. The individual in Australia and overseas are state management agencies have the Authority (or authorized units) certified construction engineers specified in Decree No. 99/2007/ND-CP dated 13/6/2007 on the management of government investment costs of building works.
4. The foreign contractor is the State Agency has the authority to license consulting and construction contractors for foreign contractors winning bid consultants, build in Vietnam as defined in decision No 87/2004/QD-TTg dated 19/5/2004 of the Prime Minister on the issuance of regulations to manage the operations of foreign contractors in the field to build in Vietnam and decision No. 03/2012/QD-TTg dated 16/01/2012 about modifying, supplementing some articles of the Statute to manage the operations of foreign contractors in the field to build in Vietnam attached to decision No 87/2004/QD-TTg dated 19/5/2004 of the Prime Minister.
Article 2. The level of currency 1. Certificate fee revenue level of practice of architects, engineers, construction activities; the fee for certification of construction supervision; the fee for certificate of construction engineers are defined as follows: a) first-level fee revenue Level regulated as follows:-the fees certificate of practice of architects, engineers, building activity: 300,000 (three hundred thousand)/certificate.
-The fee for certification of construction supervision: 300,000 (three hundred thousand)/certificate.
-Certificate fees construction engineer: 300,000 (three hundred thousand)/certificate.
b) fee Levels again, additional levels are as follows:-the fees certificate of practice of architects, engineers, building activity: 150,000 (one hundred fifty thousand)/certificate;
-The fee for certification of construction supervision: 150,000 (one hundred fifty thousand)/certificate;
-Certificate fees construction engineer: 150,000 (one hundred fifty thousand)/certificate.
2. licensing fee consultation and building for foreign bidders: 2,000,000 (two million) contract/license.
3. The fee for certificates of practice of architects, engineers, construction activities; the fee for certification of construction supervision; the fee for certification of engineers construction and licensing fee consultation and building for foreign contractors in Vietnam (VND).
Article 3. Organize currency lodging, and use management 1. Practising certificate fees for architects, engineers, construction activities; the fee for certification of construction supervision; the fee for certification of engineers construction and licensing fee consultation and building for foreign contractors as revenues in the State budget.
2. collection agency fees for certificates of practice of architects, engineers, construction activities; the fee for certification of construction supervision; the fee for certification of engineers construction and licensing fee consultation and building for foreign contractors are responsible for registration, submission of declaration charges on the State budget according to the regulations of the Ministry of finance in circular No. 63/2002/TT-BTC on 24/7/2002 and circular No. 45/2006/TT-BTC dated 25/5/2006 amending Supplement circular 63/2002/TT-BTC on 24/7/2002 of the Ministry of Finance shall guide the implementation of the legal provisions regarding fees and charges.
3. collection agency fees 100% (one hundred percent) of the total amount of fees collected to the State budget according to the chapter, type, account, item, the corresponding subsection of the index of the current state budget.
The authoritative case currency, the agency fee is taken to leave a 50% (fifty percent) of the amount of fees actually collected before filing into the State budget to the cost for collecting fees for certificates of practice of architects, engineers, construction activities; the fee for certification of construction supervision; the fee for certificate of construction engineers and contractors licensing fees and consulting foreign contractors for construction according to the content of specific genera: a) the direct costs for collecting the fees, such as stationery, Office supplies, telephone, electricity, water, diem , public service charges; in (buy) declarations, the license, the only other publication types, standards and norms.
b) genus of frequent repairs, major repairs of the property, machinery, and equipment directly to the work of collecting the fee.
c) Genus stores of supplies, material and other expenses directly related to the collection of fees.
d) extract of reward Fund, Welfare Fund for staff, employees in direct service work unit in fee income. The level of criticism set 2 (two) reward Fund and Welfare Fund on average a year, a person must not exceed 3 (three) months carry if the currency is higher than the previous year and equal to 2 (two) months of salary is made if the number of currency is lower than or equal to the previous year.
The remainder (50%) to be paid into the State budget according to the chapter, type, account, item, the corresponding subsection of the index of the current state budget. Article 4: implementation: 1. This circular is effective from 01/05/2011. Replace circular No. 167/2009/TT-BTC on 19/8/2009 of the Ministry of finance regulation mode, lodging and usage management fees in the field of construction.
2. Other content related to the collection, filing, management, use, publicly mode no tutorial in this circular are performed according to the guidance in circular No. 63/2002/TT-BTC on 24/7/2002 and circular No. 45/2006/TT-BTC dated 25/5/2006 amending, supplementing circular 63/2002/TT-BTC on 24/7/2002 of the Ministry of Finance shall guide the implementation of the legal provisions regarding fees and charges; Circular No. 28/2011/TT-BTC on 28/2/2011 the Ministry of Finance shall guide the implementation of some articles of the law on tax administration, guiding the implementation of Decree No. 88/2007/ND-CP dated 25/5/2007 and the Decree No. 106/2010/ND-CP dated 28/10/2010 of the Government.
3. organizations and individuals in the fee payers and the agencies responsible for the implementation of this circular. In the process of implementing, if there are obstacles, suggest the Organization, timely reflection about personal finance to consider the instructions./.