The DECISION to prescribe the mode collection, submission, management and use of fees for establishment licensing, registration, practice for the organisation of foreign lawyers and foreign lawyers in Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the MINISTER of FINANCE pursuant to Decree No. 86/2002/ND-CP on 05/11/2002 of government functions duties, powers and organizational structure of ministries, ministerial agencies;
Pursuant to Decree No. 77/2003/ND-CP dated 20/7/2003 of government functions, tasks, powers and organizational structure of the Ministry of finance;
Pursuant to Decree No. 57/2002/ND-CP dated 3/6/2002 detailing the Government's enforcement of the Ordinance on fees and charges;
Pursuant to Decree No. 87/2003/ND-CP on 22/7/2003 by the Government on the Organization's practice of foreign lawyers, the foreign lawyer in Vietnam;
According to the proposal of the Ministry of Justice (in no. 1108/T-BTP November 16/7/2004) and at the suggestion of the Director of the Tax policy, decision: article 1. Attached to this decision licensing fee revenue level of establishment, registration, practice for the organisation of foreign lawyers and foreign lawyers in Vietnam.
Article 2. Foreign lawyer organizations, foreign lawyers please license the establishment, registration, change the content license, licensed to practise in Vietnam must pay according to the level of currency in Expression level of currency regulations attached to this decision when applying for establishment licensing , registration, change the content license, licensed to practise in Vietnam.
Article 3. The Agency has the authority to license, change the content license held by foreign lawyers practice in Vietnam, allowing the establishment of branches, foreign law firms, law firms and foreign partnerships, Vietnam licensed for foreign lawyers to practise in Vietnam have the task of collecting institutions , submission, management and use of the fee prescribed in this decision (hereinafter referred to as the Agency).
Article 4. Establishment licensing fees, registration, practice for the organisation of foreign lawyers and foreign lawyers in Vietnam provided for in this decision is that revenues in the State budget, management, use the following: 1. collection agency licensing fee established practice with regard to the Organization of foreign lawyers and foreign lawyers in Vietnam was 50% ( fifty percent) of the proceeds of the fee to cover the costs for the collection of fees.
2. The agency fee levels for the registration of foreign lawyer organizations in Vietnam was 90% (ninety percent) of the proceeds of the fee to cover the costs for the collection of fees.
3. the fee collected for the Agency to leave under the provisions of point 1 and point 2 this is the genus for the following: a) the cost to serve the appraisal records;
b) costs in licences, forms, records;
c) cost of buying stationery, Office supplies, telecommunications, equipment needed and other costs directly related to the licensing, registration, change the content of the license held by foreign lawyers, licensed, licensure renewal of foreign lawyers in Vietnam;
d) repair costs often, repair of older properties, the device serves to direct the work of collecting the fee;
DD) reward Fund, welfare for staff, personnel records and collecting the fee in the unit. 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 this year is higher than the year before and equal to 2 (two) months of salary is made if the number of currency this year is lower than or equal to the previous year.
The full amount of the fee is taken as prescribed above, the fee to use the right purpose, have legitimate vouchers according to the prescribed regimes and settlement; If the use is not foremost in the year then transferred the following year to continue spending according to the prescribed regimes.
4. The total amount of fees collected, after deducting the amount taken leave under the rate referred to in point 2 and point 3 of this article, the rest to be paid into the State budget according to the chapter, type, account respectively, 047, subsection 29 items of contents in the current state budget.
Article 5.
1. The decision to this effect after 15 days from the date The report.
2. Abolish circular No. 842/LB-TT on 21/9/1995 of the Ministry of Justice – financial regulation mode, management, licensing fees for the use of most recent branch of the foreign lawyer organizations in Vietnam, the extension of the branch's activities, changing the content license.
3. other issues related to the collection, filing, management, use and publicity fee regime is not mentioned in the decision was made according to the instructions in circular No. 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.
4. All previous provisions contrary to this decision are hereby repealed.
Article 6. The Organization, individuals subject to fees, the unit was tasked with collecting organization licensing fees, registration, establishment of practice for organizations of foreign lawyers and foreign lawyers in Vietnam and the agencies responsible for the implementation of this decision.