On June 25th, 2018, The Ministry of Finance promulgated Circular No 56/2018/TT-BTC prescribing rate of collection, regime for collection, payment, management and use of fee for appraisal of the environmental impact assessment report by the central regulatory body. This Circular came into force from August 10, 2018.
Accordingly, rate of collection, regime for collection, payment, management and use of fee for appraisal of the environmental impact assessment report is regulated specifically as follow:
|
No. |
Total of investment capital
(billion dongs) |
Rate of fee applied to Project Groups (million dong) | |||||
| 1 | 2 | 3 | 4 | 5 |
6 |
||
| 1 | 10 or less | 8,0 | 8,6 | 8,8 | 9,2 | 9,6 | 6,0 |
| 2 | From greater than 10 to 20 | 12,5 | 13,0 | 13,5 | 14,0 | 15,0 | 9,0 |
| 3 | From greater than 20 to 50 | 21,0 | 22,0 | 22,5 | 23,0 | 24,0 | 15,0 |
| 4 | From greater than 50 to 100 | 37,5 | 38,0 | 39,0 | 41,0 | 43,0 | 27,0 |
| 5 | From greater than 100 to 200 | 41,5 | 42,0 | 43,0 | 45,0 | 47,0 | 30,0 |
| 6 | From greater than 500 to 500 | 54,0 | 55,0 | 56,0 | 59,0 | 62,0 | 39,0 |
| 7 | From greater than 500 to 1000 | 61,0 | 62,0 | 63,5 | 66,0 | 69,0 | 44,0 |
| 8 | From greater than 1000 to 1,500 | 65,0 | 67,0 | 68,5 | 72,0 | 75,0 | 48,0 |
| 9 | From greater than 1,500 to 2,000 | 67,0 | 68,0 | 70,0 | 73,5 | 76,5 | 49,0 |
| 10 | From greater than 2,000 to 3,000 | 70,0 | 71,0 | 73,0 | 76,0 | 79,0 | 51,0 |
| 11 | From greater than 3,000 to 5,000 | 72,5 | 74,0 | 76,0 | 79,0 | 82,0 | 53,0 |
| 12 | From greater than 5,000 to 7,000 | 77,0 | 78,0 | 80,0 | 84,0 | 87,0 | 56,0 |
| 13 | Greater than 7,000 | 84,0 | 86,0 | 88,0 | 92,0 | 96,0 | 61,0 |
Accordingly, Rate of collection of fees for the re-appraisal of the environmental impact assessment report shall be equal to 50% of the respective rate of initial collection of fees stated in the abovementioned Schedule
The fee-paying person refers to any agency, organization or individual requesting the central competent authority to carry out the appraisal of the environmental impact assessment report. The fee-paying person shall pay appraisal fees during the period from the date of submission of the request for appraisal or re-appraisal to the date before convening of the Appraisal Board. Appraisal fees shall be directly paid to fee-collecting organizations, or transferred to the transactional accounts for remittance to the state budget which are opened at the State Treasury.
Fee-collecting organizations shall remit 100% of fees collected to the state budget. Funding for appraisal and fee collection activities shall be arranged in the budget estimate of each fee-collecting organization according to the state budget spending regime and allowance prescribed by law.
In cases where a fee-collecting organization is a state regulatory body of which overheads are covered by the advance lump sum financed by sources of fees collected under the provisions of Clause 1 Article 4 of the Government’s Decree No. 120/2016/ND-CP dated August 23, 2016 specifying and guiding the implementation of a number of articles of the Law on Fees and Charges, it may retain 90% of total actually collected amount of appraisal fees for appraisal and fee collection, and must pay 10% of the amount of fees collected to the state budget.
It can be seen that by regulations in Circular No 56/2018/TT-BTC, the government has specifically guided about rate of collection, regime for collection, payment, management and use of fee for appraisal of the environmental impact assessment report by the central regulatory body. Thereby creating favorable conditions for agencies, organizations and individuals to pay fees to exercise their rights and obligations. At the same time, the transparency in the management and use of fees for appraisal of environmental impact assessment reports shall be verified by central agencies.
