Circular 08/2012/ttlt-Btc-Btp: Guidance On The Level Of Currency, Currency, Payment, Management And Use Of Notary Fees

Original Language Title: Thông tư liên tịch 08/2012/TTLT-BTC-BTP: Hướng dẫn về mức thu, chế độ thu, nộp, quản lý và sử dụng phí công chứng

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DEPARTMENT OF JUSTICE-JUSTICE DEPARTMENT
Numbers: 08 /2012/TTLT-BTC-BTP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, January 19, 2012

FEDERAL INFORMATION

Guidelines for the fall, record mode, file, management and use of a public charge fee

____________________________

The Code of Public Law. 82 /2006/QH11 November 29, 2006;

The French base for the fee and the number of charges. 38 /2001/PL-UBTVQH10 August 28, 2001;

Base of Protocol 02 /2008/NĐ-CP January 4, 2008 of the Government rules the details and guidelines for some of the provisions of the Law of the Justice;

Base of Protocol 57 /2002/NĐ-CP 03 June 2002 and Decree Protocol 24 /2006/NĐ-CP March 06, 2006 amendment, adding some of the provisions of the Digital Protocol 57 /2002/NĐ-CP June 3, 2002 the Government regulates the implementation of the ordinance of fees and fees;

Base of Protocol 118 /2008/NĐ-CP November 27, 2008 the Government regulates the function, mandate, jurisdiction, and organizational structure of the Ministry of Finance;

Base of Protocol 93 /2008/NĐ-CP June 2, 2008 Government rules the functions, duties, powers, and organizational structure of the Ministry of Justice;

Implementation of Resolution 25 /NQ-CP on 2 June 2010 by the Government of the simplified simplification of 258 administrative procedures within the management function of the ministries, industry;

The Ministry of Finance and the Ministry of Justice guidelines for the degree of revenue, revenue, filing, management and use of the case fees as follows:

What? 1. The tuning range and subject apply

1. In terms of the adjustment range:

This information regulates the fall, the collection regime, the filing, management, and use of the public fees applied to the testimony of contracts, transactions, retention of the will, issued a copy of the document according to the provisions of the Law of Public Affairs and Decree. 02 /2008/NĐ-CP April 4, 2008 of the Government rules the details and guidelines for some of the provisions of the Law of the Justice.

2. This information applies to the following subjects:

a) The subject of the payment of the testimony is personally, the organization of Vietnam or the individual, the foreign organization requesting the contract, the transaction, retention of the will, the publication of a copy of the document.

b) The unit toll-toll unit includes the Department of Public Affairs and the Office of the Public Affairs (later called the toll-free unit).

What? 2. Cost of Public

1. The extent of the provision of regulatory evidence at this Smart is applicable to the Uniform for the Department of Public Affairs and the Office of the Public Affairs. At the expense of the procurement unit, the Office of Public Affairs, the rate of charge of the provisions in this Information, includes an increased value tax (if available) by the provisions of the Increased Value Tax Law and the execs of the execs. In a personal case, foreign organizations have a need for foreign currency to pay foreign currency on the basis of the Vietnam-Vietnam currency exchange rate at the expense of the banks of the Bank of Vietnam announced at the time of the toll.

2. The level of contract of contract testimony, the transaction is determined by the value of the property or the contract value, the transaction:

a) The toll level for the work of the contract, the following transaction is calculated as follows:

-A transfer contract, for the right to use land, to the right of land use (above the value of land use);

-The transfer of the transfer contract, giving the right to the use of the land that is associated with the land, which is funded by the use of the land that is associated with the land (on the sum of the total value of land and property value tied to the land);

-A contract for sale, donated to other assets, financed by other assets (on asset value);

-Heritage distribution agreement, heritage statement text (on legacy value);

-The credit for a loan contract (on loan value);

-A property that contracts the property, holding property (on asset value; in the case of the asset mortgage contract, the asset holding the loan value is calculated on the value of the loan);

-Economic, commercial, investment, business (on contract value).

TT number

Asset value or contract value, transaction

Income Level

(copper/case)

1

Less than 50 million.

Fifty thousand.

2

From 50 million to 100 million.

Hundred thousand.

3

From over 100 million to 1 billion dollars

0.1% of asset value or contract value, transaction

4

From above 01 billion to 03 billion dollars

01 million + 0.06% of the asset value portion or contract value, trading exceeding 01 billion shares.

5

From above 03 billion to 05 billion dollars

2.2 million copper + 0.05% of the property value or contract value, trading in excess of $03 billion.

6

From over 05 billion to 10 billion dollars

3.2 million copper + 0.04% of the property value or contract value, trading in excess of $05 billion.

7

Over 10 billion

5.2 million copper + 0.03% of the property value or contract value, trading exceeds 10 billion copper (maximum income of no more than 10 million copper/case).

b) The toll on the work of the contract for the contract to lease the use of the land; rent in; rent, rehiring property (calculated on the total amount of rent) is calculated as follows:

TT number

Contract value, transaction

(total rent)

Income Level

(copper/case)

1

Less than 50 million.

Forty thousand.

2

From 50 million to 100 million.

Eighty thousand.

3

From over 100 million to 1 billion dollars

0.08% of asset value or contract value, transaction

4

From above 01 billion to 03 billion dollars

800 thousand copper + 0.06% of the property value or contract value, trading exceeds 01 billion shares.

5

From above 03 billion to 05 billion dollars

02 million + 0.05% of asset value or contract value, trading in excess of $03 billion.

6

From over 05 billion to 10 billion dollars

03 million copper + 0.04% of asset value or contract value, trading in excess of $05 billion.

7

From over 10 billion

05 million copper + 0.03% of the property value or contract value, trading exceeds 10 billion copper (maximum income of no more than 8 million copper/case).

c) For contracts, dealing with the right to use land, the regulatory cost of the state authority has jurisdiction, the value of land use, the value of the property charged with the cost of the evidence determined by the agreement of the parties in the contract, the transaction; case of land prices, property prices due to lower agreements lower than the price of the state authority under regulatory authority imposed at the time of the testimony, the value of the property fees is calculated as follows: The value of land use, the value of the property charge evidence = Area of land, the amount of assets that are in the contract, the transaction (x) The land price, the property price provided by the state authority.

3. The extent of the contract of the contract, the transaction does not follow the value of the property or the contract value, the transaction is specified as follows:

TT number

Type of Job

Income Level

(copper/case)

1

The contract to convert the right to agricultural land

Forty thousand.

2

Illegal auction of real estate auction

Hundred thousand.

3

The contract for bail.

Hundred thousand.

4

Copyright certificate.

Forty thousand.

5

Copyright certificate.

Twenty thousand.

6

The amendment's work, the addition of contracts, the transaction (except the amendment, the addition of asset value or contract value, the transaction applies to the prescribed level at paragraph 2).

Forty thousand.

7

The idea of cancellation of the contract, the deal.

Twenty thousand.

8

The will of the will.

Forty thousand.

9

Text recognition denial of legacy

Twenty thousand.

10

Contract job, other transaction.

Forty thousand.

4. The level of income receives the will: 100 thousand co/cases.

5. Cost of a certificate of a copy of the document: $5,000 per page, from third page (3) to each page of 3 thousand copper, but a maximum of no more than 100 thousand.

What? 3. Capture Mode, file fee

1. When requesting a contract, the transaction, the will to keep the will, the document copy of the evidence has been made, who requires the witness to pay the witness fee.

2. When the toll is set, the collection unit must be set up and the magnetic syndrome is given to the filing object, as follows:

a) For the procurement unit is the Chamber of Testimonies, the implementation and the receipt of the receipt for the subject of charge by the current Code of Finance's current regulation of the release, management, use of a tax-only issue.

b) For the procurement unit is the Office of the Public Affairs, implementation and delivery of the application subject to the subject of the current payment of the Ministry of Finance for release, management, use of invoicing.

What? 4. Manage, use a public fee

1. For the collection unit is the Chamber of Public Affairs: The public fees are the revenue of the state budget, which is managed, used as follows:

a) The toll unit was quoted by 50% (fifty percent) of the amount of fees obtained to cover the cost of the management and charge under the regulatory regime.

b) The toll unit is responsible for the filing of a 50% state budget (fifty percent) of the money obtained under chapter, type, paragraph, item of the current state budget item.

2. For the procurement unit is the Office of Public Affairs: The fee fee is obtained as a non-state income of the state budget. The proceeds are the revenue of the collection unit. The toll unit is obliged to pay tax on the law ' s provisions for the amount of fees obtained and have the right to manage, use the amount of money that charges after the tax is filed under the law. Annually, the toll unit must conduct a tax decision on the amount of charges obtained with the tax authority under the provisions of the existing tax on the existing tax.

What? 5. The Organization

1. This information has been in effect since March 15, 2012 and replaces the Digital Federal Information. 91 /2008/TTLT-BTC-BTP October 17, 2008 of the United Nations Finance and Ministry of Justice guidelines for the degree of revenue, revenue, filing, management, and the use of a charge fee.

2. Other content related to the collection, filing, management, use, certification, public charging of the unmentioned toll at this Notice is made in accordance with the guidance at the Digital Information. 63 /2002/TT-BTC 24/7/2002; Digital News 45 /2006/TT-BTC April 25, 2006, revised, Supplements Digital 63 /2002/TT-BTC 24/7/2002 of the Ministry of Finance guidelines implementing the legal provisions for fees, fees and investments. 28 /2011/TT-BTC February 28, 2011 of the Ministry of Finance directed to enforce certain provisions of the Tax Management Law, the guiding implementation of the digital decree 85 /2007/NĐ-CP 25 May 2007 and Decree No. 106 /2010/NĐ-CP October 28, 2010.

3. In the course of execution, if there is an entangriation, recommend the agencies, organizations, individuals that reflect on time about the Ministry of Finance and the Ministry of Justice to study, guide ./.

KT. MINISTER OF FINANCE
Chief.

KT. Minister of Justice.
Chief.

(signed)

(signed)

The dancer.

Nguyen Đức