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Decree 24/2006/nd-Cp: Modifying, Supplementing A Number Of Articles Of Decree No. 57/2002/nd-Cp Dated 03/06/2002 Detailing The Government's Enforcement Of The Ordinance On Fees And Charges

Original Language Title: Nghị định 24/2006/NĐ-CP: Sửa đổi, bổ sung một số điều của Nghị định số 57/2002/NĐ-CP ngày 03/06/2002 của Chính phủ quy định chi tiết thi hành Pháp lệnh Phí và Lệ phí

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DECREE amending and supplementing a number of articles of Decree No. 57/2002/ND-CP dated 3 June 2002 detailing the Government's enforcement of the Ordinance on fees and charges _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
The base fee and Ordinance No. 38/2001/PL-UBTVQH10 on 28 August 2001;
Pursuant resolution No. 08/2004/NQ-CP on 30 June 2004 the Government continue to promote decentralized governance between the Government and the Government of the province, central cities;
According to the recommendation of the Minister of finance DECREE of article 1. Modifying, supplementing a number of articles of Decree No. 57/2002/ND-CP dated 3 June 2002 detailing the Government's enforcement of the Ordinance on fees and charges as follows: 1. Amendments, supplements paragraph 4 and paragraph 5 of article 3 as follows: "4. the fees, dues, Orhan annuity currency according to the Charter of political organization , social-political organizations, social organizations, social-professional organization, clubs;
5. The account name is free but is the price of the service was defined in the text of other laws, such as the cost of transport, post and telecommunications charges, fee payment, money transfer of the credit organization, ... ".
2. Amendments, supplements article 5 as follows: "article 5. The authority prescribed for the following charges: 1. Government regulation for some important charges, has a large collection, related to various social-economic policy of the State. In each type of charge due to government regulations, the Government can authorize The ministerial regulation agency, the level of currency for each particular case in accordance with the actual situation.
2. the people's Council, the central cities (hereafter referred to as provincial) regulations for certain charges about land management, natural resources; some of the charges associated with the function of the State administrative management of local government.
3. The financial regulations with respect to the remaining charges to apply uniformly throughout the country.
4. The authority prescribed for the fee was specified in the detailed list of fees attached to this Decree. The regulating authority for charges including prescribing the level of currency, currency, payment, management and use for each specific charge.
The case of the international treaties to which Vietnam is a member have provisions on charges not yet named in the listing details of fees attached to this Decree, the Ministry of Finance regulates the level of currency, management mode, using money collected fees for compliance with international treaties. "
3. Amendments, supplements article 6 as follows: "article 6. The authority prescribed for the fees as follows: 1. Government regulation for some important fee, large number of currency, international legal significance.
2. provincial people's Council regulations for certain fees associated with the function of the State administrative management of local government, ensure the implementation of economic development policies, social conformity with specific conditions, characteristics of the local.
3. The financial regulation for the rest of the fee to apply uniformly throughout the country.
4. The authority prescribed for the fees are specified in the detailed list of fees attached to this Decree. The authority prescribed for the fee including prescribing the level of currency, currency, payment, management and use for each specific fees.
The case of the international treaties to which Vietnam is a member has rules about fees not yet named in the listing details of fees attached to this Decree, the Ministry of Finance regulates the level of currency, management mode, using money collected fees for compliance with international treaties. "
4. Amendments, supplements article 9 as follows: "article 9. Principle of determining the level of fee income, defined as follows: fee Levels are determined in advance by a certain amount for each State-management jobs are earning fees, not intended to offset the costs to collect fees for the work done. The previous fees for private contacts, the currency is calculated by the percentage (%) on the value of the property before the directory specified by the Government.
The Ministry of Finance shall guide the determination of income for the fees under the authority of the provincial people's Council regulation, to ensure consistent enforcement throughout the country ".
5. additional amendments clause 2 article 12 as follows: "2. The amount of fees to the Organization for currency as defined in paragraph 1 of this article, is the genus for the following content: a) the genus payment for direct personal work, service and collection of fees: salaries salary allowances, remuneration, the prescribed contribution is calculated on salary (minus the cost of salaries for staff, public servants were paid from the State budget according to the prescribed regimes);
b) direct service costs for the implementation of work, service and collection of fees such as stationery, Office supplies, telecommunications, electricity, water, ... According to the standards and norms;
c) genus of frequent repairs, major repairs of the property, machinery, and equipment directly to work, service and collection of fees; depreciation of fixed assets to do the job, service, costs;
d) Genus stores of supplies, material and other expenses directly related to the performance of work, service and collection of fees;
DD) Genus rewarded, for the welfare of officials and employees perform the work, services and collection of fees in the average principle units a year, a person must not exceed 3 (three) months carry if the currency this year is higher than the previous year and a maximum of 2 (two) months of salary is made if the number of currency this year is lower than or equal to the previous year , after making sure the costs specified in point a, b, c, d of this paragraph.
Basing regulations on financial mechanism applicable to State authorities, business units have currency and regulation in this area, the Ministry of finance instructed the management, using part of the money back to the fees collected for the Organization ".
6. additional amendments clause 1 and clause 2 article 14 as follows: "1. fees: fee Levels are determined in advance, associated with each State management work, in principle does not exempt, discount fees, except in some special cases are specified as follows: a) for stamp fees The Government specified the cases needed to be waived, reduced to contribute to economic and social policy of the State in each period;
b) Exempt the fee for the registration of the marriage Registrar, registration of adoption to people in the peoples in remote areas; Registrar fee exemption on birth registration for children of poor households;
c) Exempt the certification fees of business registration for business capitalization when switching from State enterprises into joint-stock companies;
d) licensing fees for importing some drugs not yet have registered for disease prevention, disaster, disaster; smoking aid; smoking serves for the program the national health objectives; imported drugs for the hospital's treatment needs in special cases; Clinical reagents; Smoking sign, display, exhibition, fair; imported raw materials as drugs. Free of licensing fees for export of medicines;
DD) Waiver or reduction of fees in part the Court under the provisions of the law.
2. About the fee: charging Level aims to offset the costs, ensuring payback in reasonable time, so, in principle does not exempt, reduce fees, except in some special cases that are specified in this Decree. Abolish the granting of free cards.
Free, reduced fees for certain specified cases such as the following: a) free use of bridges, roads, ferries, ferries for:

-Ambulance, including other vehicles carrying people to the place of accident & emergency;
-Fire trucks;
-Agriculture, forestry, including: plows, cultivators, motor blocks, grass, your plucking rice;
-Car households dike; Airport emergency duty on anti-flooding;
-Specialized Vehicles, Defense Security Service include: tanks, armored vehicles, artillery tractors, lorries are armed forces Commander;
-Car convoy, bringing tang;
-Car convoy escort, guide;
-Airport transport duty medicines, machinery, equipment, materials, goods to the disaster areas or to have the disease;
-In places not yet solve the traffic jams then temporarily not charge using bridges, roads for two-wheeled motorcycles, three-wheel mopeds, two-wheel motor vehicles. Free use of the bridge, the road national highway for two-wheel motorcycles, three-wheel mopeds, two-wheel vehicle, three wheel motorcycles.
b) Reduce use of bridges, roads, ferries, ferries, tickets, tickets for you.
The Ministry of finance specifies the type of the ticket used bridges, roads, ferries, ferries and management mode, used in accordance with the actual situation.
c) Exempt or reduce a part of tuition for some object, by specific provisions in the text of the Government on fees;
d) Exempted or reduced in part payment for some object, by specific provisions in the text of the Government on hospital fees;
DD) Waiver or reduction of irrigation fees in part in certain cases, by specific provisions in the text of the Government on irrigation fees;
e) free job recommendation in some cases, by specific provisions in the text of the Government on employment;
g) Exempt or reduce part cost execution in some cases, by specific provisions in the text of the Government on the implementation of projects;
h) partial reduction or Exemption the court fee prescribed by law ".
Article 2.
1. Replace the phrase "pricing" in article 10 of Decree No. 57/2002/ND-CP dated 3 June 2002 detailing the Government's enforcement of the Ordinance on fees and charges by the phrase "Finance".
2. Attached to this Decree listing details of fees, replacement for a detailed list of fees attached to Decree No. 57/2002/ND-CP dated 3 June 2002 detailing the Government's enforcement of the Ordinance on fees and charges.
Article 3. The Decree has effect after 15 days from the date The report.
Article 4. The Ministry of Finance shall guide the implementation of this Decree.
Article 5. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities and other organizations and individuals concerned is responsible for the implementation of this Decree.