On December 22, 2022, the Ministry of Finance issued Circular No. 74/ 2022/TT-BTC stipulating forms and duration for collection, payment and declaration of charges and fees governed by the Ministry of Finance (“Circular 74”).
The provisions on charges and fees of Circular 74 do not significantly changes comparing to the previous regulations. However, before Circular 74, the collection, payment and declaration of charges and fees were prescribed in many different legal documents for each type of them.
In order to facilitate the application of laws and state governance, assisting payers and payees of charges and fees in checking relevant regulations without seeking for too many documents, Circular 74 has introduced regulations that are generally applicable to all types of charges and fees under the governance of the Ministry of Finance, except for some specific ones, including: charges and fees in the field of diplomacy; charges for railway infrastructure usage; customs fees; fees for transit goods and transport; charges for road usage.
Simultaneously, Circular 74 has also abolished a series of provisions in Circulars issued previously by the Minister of Finance stipulating the declaration for each type of charges and fees so as to ensure that the declaration and payment of charges and fees are carried out uniformly according to this Circular.
Furthermore, Circular 74 clarifies forms of charges and fees payment. Accordingly, in addition to paying charges and fees in cash, the payer can also pay by wire transfer to the account specializing in collecting charges and fees; account of fees pending for the state budget submission; or accounts of other agencies or organizations receiving money in case of one-stop administrative procedures and online public services.
Although the form of non-cash payment of charges and fees through bank accounts has been implementing recently, it has not been clearly recognized in legal documents. In this context, Circular 74 has provided regulations and specific guidance on non-cash payment of charges and fees.
Additionally, Circular 74 also stipulates that interests arising from the balance of account specializing in collecting charges and fees must be fully transferred to the state budget along with the amount of payable charges and fees incurred in the month.
This Circular takes effect from December 22, 2022.
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