On 24/06/2022, the Ministry of Finance issued Circular No. 38/2022/TT-BTC (“Circular 38”) stipulating the amount, collection and payment regime of charges for issuing construction licenses and architectural practice certificates. Circular 38 shall officially take effect from August 8, 2022 and shall abolish Circular No. 172/2016/TT-BTC (“Circular 172”) dated October 27, 2016 of the Ministry of Finance stipulating the amount, collection and payment regime of charges for issuing construction licenses.
Circular 38 has various updated contents as follows:
1. Supplement regulations on the “class adjustment” and the “conversion” to point a and regulations on the “extension” of construction practice certificate to point b, Article 4.1 of Circular 172
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Circular 172 |
Circular 38 |
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a) First-time charge amount: - Certificate of capacity for construction activities for organizations: VND 1,000,000/certificate. - Construction practice certificate for individuals: 300,000 VND/certificate.
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a) Charge amount for first-time issuance, class adjustment and conversion: - Certificate of capacity for construction activities for organizations: VND 1,000,000/certificate. - Construction practice certificate for individuals: VND 300,000/certificate. |
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a) The charge amount for the re-issuance, supplementation, adjustment and conversion is 50% of the charge amount specified in Point a above.
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b) The charge amount for re-issuance, supplementation, adjustment and extension of the certificate is 50% of the charge amount specified in Point a above. (The charge amount remains unchanged) |
2. Supplementation of charges for granting architectural practice certificates
The list of charges promulgated together with the Law on Fees and Charges stipulates that the charges for granting architectural practice certificates falls under the jurisdiction of the Ministry of Finance. Accordingly, in order to be consistent with the provisions of the Law, Circular 38 has added the regulation on charges for granting architectural practice certificates as follows:
- The charge amount for the first issuance and conversion: VND 300,000/certificate.
- The charge amount for re-issuance, renewal and recognition of the certificates are 50% of the charge amount specified above (VND 150,000/certificate).
3. The charge shall be exempt in case of re-issuance of certificates or licenses stating incorrect information due to the fault of competent state agencies.
Note: In case the application for obtaining a certificate or license is submitted before 08/08/2022, when the certificate or license is granted, the charge shall be paid as prescribed in Circular 172.
Comment: