CIRCULAR

GUIDING THE COLLECTION, REMITTANCE, MANAGEMENT AND USE OF CONSULAR CHARGES AND FEES BY OVERSEAS VIETNAMESE DIPLOMATIC REPRESENTATIVE MISSIONS AND CONSULAR REPRESENTATIVE MISSIONS

THE MINISTRY OF FINANCE

Pursuant to June 18, 2009 Law No. 33/2009/QH12 on Overseas Representative Missions of the Socialist Republic of Vietnam;
Pursuant to August 28, 2001 Ordinance No. 38/2001/PL-UBTVQHW on Charges and Fees, the Government's Decree No. 57/2002/ND-CP of June 3, 2002, detailing the implementation of the Ordinance on Charges and Fees, and Decree No. 24/2006/ND-CP of March 6, 2006, amending and supplementing a number of articles of Decree No. 57/2002/ND-CP;
Pursuant to the Government's Decree No. 136/2007/ND-CP of August 17, 2008, on the entry and exit of Vietnamese citizens;
Pursuant to the Government's Decree No. 118/2008/ND-CP of November27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
The Ministry of Finance provides for the collection, remittance, management and use of consular charges and fees by diplomatic representative missions, consular representative missions and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam in foreign countries (below collectively referred to as overseas Vietnamese representative missions) as follows:

Article 1. Consular charge and fee payers

Vietnamese as well as foreign organizations and individuals that are provided with state management-related services at their own request or as required by law by overseas Vietnamese representative missions shall pay consular charges and fees under this Circular.

Article 2. Charge and fee rates

The rates of consular charges and fees specified in the consular charge and fee tariff attached to this Circular shall be applied in all overseas Vietnamese representative missions.

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Finance shall consider and adjust the above-said Table of consular charge and fee rates.

Article 3. Cases eligible for charge and fee non-collection, exemption or reduction

1. Consular fees shall not be collected in the following cases:

a/ Foreign guests (including their accompanying spouses and/or children) invited in their personal capacity by the Party, the National Assembly, the State and the Government or by leaders of the Party, the National Assembly, the State and the Government of the Socialist Republic of Vietnam;

b/ Employees, administrative and technical staff (including their spouses and minor children) of foreign diplomatic representative missions, consular representative missions and international organizations, who are eligible for privileges and immunities on the principle of reciprocity;

c/ Foreigners bearing diplomatic passports, official passports, ordinary passports or travel papers used as passport substitutes issued by foreign countries, who are eligible for visa fee exemption under treaties to which Vietnam is a contracting party or on the principle of reciprocity;

d/ Foreigners entering Vietnam to provide humanitarian relief or assistance for Vietnamese organizations and individuals;

e/ Cases as required by external relations or humanitarian activities or Vietnamese citizens in exceptionally difficult circumstances or facing risks under case-by-case decisions of the Minister of Foreign Affairs;

f/ Other cases as decided by the Prime Minister.

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3. Vietnamese permanently residing in China, Laos, Thailand and Cambodia are eligible for reduced consular fees as prescribed in the consular charge and fee tariff attached to this Circular.

4. Fee-collecting agencies shall append the "mien phi" (GRATIS) seal to papers issued to entities eligible for exemption from consular fee according to the above provisions.

Article 4. Refund of charges and fees

1. In case a Vietnamese or foreigner has paid a consular charge or fee under this Circular but is not qualified for being issued a consular paper, the charge- and fee-collecting agency shall refund the collected consular charge and fee amount to the payer (after subtracting the money-transfer charge).

2. Those who have their visa exemption certificates cancelled are not eligible for refund of the dossier-processing fee.

3. Consular charges and fees will not be refunded to those who refuse to receive dossier-processing results.

Article 5. Charge and fee collection and remittance

1. Consular charge- and fee-collecting agencies are overseas Vietnamese representative missions which directly provide organizations and individuals with state management-related services at the latter's request or as required by law. Consular charge- and fee-collecting agencies shall:

a/ Publicly post up consular charge and fee rates in Vietnamese and English or in the official language of the host country at the places of collection;

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c/ Open accounting books for monitoring and recording the collection and remittance into the state budget of consular charges and fees, and manage and use collected amounts according to regulations.

2. If consular charge- and fee-collecting agencies act against the provisions of this Circular, their heads and related persons shall take responsibility for their wrongdoings and be handled under the Government's Decree No. 106/2003/ND-CP of September 23, 2003, providing for sanctions against administrative violations in the domain of charges and fees.

3. Consular charges and fees are set in the US dollar (USD) according to the consular charge and fee tariff attached to this Circular. When consular charges and fees are collected in the currency of the host country, the conversion between the US dollar (USD) and the currency of the host country shall be based on the selling rate of the US dollar (USD) announced by the bank at which the concerned overseas Vietnamese representative mission opens its account.

When the exchange rate between the US dollar (USD) and the currency of the host country fluctuates (increases or decreases) by more than 10% (ten percent) compared with the currently applied exchange rate, the head of the overseas Vietnamese representative mission may reset the rates of consular charges and fees collected in the currency of the host country according to the new exchange rate and, at the same time, send a written report thereon to the Ministry of Foreign Affairs and the Ministry of Finance before applying the new rates.

In case there are two (2) or more Vietnamese representative missions permitted to collect consular charges and fees in one country or territory, the head of the Vietnamese representative mission with the highest competence shall base himself/herself on the local bank's selling rate to decide on charge and fee rates for unified application by other overseas Vietnamese representative missions.

Article 6. Charge and fee management and use

1. The Ministry of Foreign Affairs shall remit 70% (seventy per cent) of the actually collected consular charge and fee amounts into the state budget custody funds at overseas Vietnamese representative missions (according to the Finance Ministry's Circular No. 29/2000/TT-BTC of April 24, 2000. on management of the state budget custody funds at overseas Vietnamese representative missions) for investment in the construction of physical foundations for overseas Vietnamese representative missions under the Prime Minister's Decision No. 602/QD-TTg of May 12, 2009, approving the Scheme on construction of physical foundations of overseas Vietnamese representative missions through 2015.

2. The Ministry of Foreign Affairs may use 30% (thirty per cent) of the actually collected consular charge and fee amounts for spending under the common regime prescribed in the Government's Decree No. 57/2002/ND-CP of June 3, 2002, detailing the implementation of the Ordinance on Charges and Fees, and the Government's Decree No. 24/2006/ND-CP of March 6, 2006, amending and supplementing a number of articles of Decree No. 57/2002/ND-CP, covering the following expenses for the collection of consular charges and fees:

a/ Expenses for purchasing blank consular prints and expenses related to the collection of consular charges and fees (work-trip allowances for those who take trips to receive blank consular prints; freights for transport of blank consular prints; printing of forms and invoices; stationery; telephone and facsimile charges and postage);

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c/ Overtime allowances for cadres, civil servants and public employees directly involved in collection work, paid according to current regulations on payment of night work salaries and overtime allowances to cadres, civil servants and public employees.

3. After subtracting expenses specified in Clause 2. Article 6 above, the remainder of the amount of 30% (thirty per cent) of the actually collected consular charges and fees shall be divided and used as follows:

a/ 1/3 (one-thirds) shall be paid for such activities as regular repair or overhaul of assets; renovation of equipment, modernization of information technology, training and re-training of diplomatic cadres, civil servants and public employees in professional skills and foreign languages.

b/ 2/3 (two-thirds) shall be used to support cadres, civil servants and employees under Clause 4 below.

4. Support levels:

a/ For members of overseas Vietnamese representative missions defined in Clause 5. Article 4 of the Law on Diplomatic Representative Missions of the Socialist Republic of Vietnam: The maximum support level is equal to 0.8 (zero point eight) of the actually paid cost­of-living allowance. Based on the practical conditions in each area, the Minister of Foreign Affairs shall decide on the specific support level not exceeding 0.8 (zero point eight) of the total actually paid cost-of-living allowance.

b/ For cadres, civil servants and employees of the Ministry of Foreign Affairs working in the country: The maximum support level is 0.8 (zero point eight) of the total actually paid rank-and grade-based salary.

c/ For cadres and employees of other overseas Vietnamese agencies (Vietnam News Agency bureaus, permanent agencies of the "Nhan Dan" newspaper, the Voice of Vietnam and the Vietnam Television; and overseas Vietnamese culture centers): The specific support level for each area shall be decided by the Minister of Foreign Affairs but must not exceed 50% (fifty per cent) of the minimum cost-of-living allowance/person/ month applicable to each area.

5. After providing supports for those defined in Clause 4 of this Article, if the remainder is still enough to further provide additional supports for cadres, civil servants and employees of the Ministry of Foreign Affairs, the Minister of Foreign Affairs shall consider and decide to provide additional supports at the rate of 0.2 (zero point two) of the actually paid salary or cost-of-living allowance which, however, must not exceed the cost-of-living allowance paid in the year, for members of Vietnamese overseas representative missions, or the rank- and grade-based salary, for cadres, civil servants and employees of the Ministry of Foreign Affairs working in the country.

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7. The Ministry of Foreign Affairs shall promulgate a regulation on the management and use of the amount of 30% (thirty per cent) of consular charges and fees left at the Ministry. Annually, if the consular charge and fee amount left at the Ministry of Foreign Affairs is not spent up, the remainder may be carried forward to the subsequent year for spending under this Circular.

Article 7. Finalization of consular charge and fee revenues and expenditures

1. Overseas Vietnamese representative missions shall open accounting books for recording and accounting consular charge and fee revenues and expenditures according to current regulations on administrative and non­business accounting. Heads of overseas Vietnamese representative missions shall take responsibility for the management and accounting of consular charge and fee revenues and expenditures of their missions and send monthly reports on the collection of consular charges and fees (made according to the form provided in Appendix 2 to this Circular - not printed herein) to the Ministry of Foreign Affairs.

2. The Ministry of Foreign Affairs shall inspect and finalize consular charge and fee revenues and expenditures of overseas Vietnamese representative missions; and send summary reports on the collection of consular fees and charges, made according to the forms provided in Appendices 3 and 4 to this Circular (not printed herein), to the Ministry of Finance for appraisal according to current regulations.

3. The Ministry of Foreign Affairs shall coordinate with the Ministry of Finance in organizing periodical or irregular inspections of the collection, remittance and management of consular charges and fees at overseas Vietnamese representative missions under this Circular.

Article 8. Organization of implementation

This Circular takes effect 45 days from the date of its signing and replaces the Finance Ministry's Circular No. 134/2004/TT-BTC of December 31, 2004, guiding the collection, remittance, management and use of consular fees at overseas Vietnamese diplomatic missions and consular missions: and annuls the Finance Ministry's Decision No. 77/2007/QD-BTC of August 31, 2007, providing for the rates and the collection, remittance, management and use of fees for processing dossiers of application for visa exemption certificates for overseas Vietnamese.

Any problems arising in the process of implementation should be promptly reported to the Ministry of Finance for consideration and settlement.

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FOR THE FINANCE MINISTER
DEPUTY MINISTER




Tran Xuan Ha

CONSULAR CHARGE AND FEE TARIFF
(Attached to the Finance Ministry's Circular No. 236/2009/TT-BTC of December 15, 2009)

No.

List of charges and fees

Unit of calculation

Rates (USD)

A

Fees for issuance of passports, visas and charges for processing of dossiers of application for visa exemption certificates

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I

Passports:

1

Issuance of new ones

Passport

70

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Extension

Passport

30

3

Supplementation, modification or sticking of children's photos

Passport

15

4

Re-issuance in replacement of damaged or lost ones

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150

II

Laissez-passers:

1

Issuance of new ones

Laissez-passer

30

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Re-issuance in replacement of damaged or lost ones

Laissez-passer

40

III

Visas of all kinds:

1

Those for single entry, entry and exit or transit

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30

2

Those for multiple entry and exit:

a/ Valid for at most 1 month

Visa

50

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b/ Valid for at most 6 months

Visa

80

c/ Valid for between 6 months and 1 year

Visa

120

3

Transfer of valid visas from old passports to new ones

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15

IV

Issuance of AB stamps (for ordinary passport holders on official duty)

Stamp

15

V

Charges for processing of dossiers of application for visa exemption certificates for overseas Vietnamese (under the Prime Minister's Decision No. 135/2007/QD-TTg of August 17, 2007)

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a/ First-time issuance

Certificate

20

b/ Issuance from the 2nd time on

Certificate

10

B

Other fees

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1

Notarization and certification of contracts and transactions (except contracts on sale, purchase, conversion, transfer, donation, hire or mortgage of real estate, contracts on contribution of real estate as capital, documents on division of inheritance, and documents on acceptance of inheritance being real estate)

Document

50

2

Certification of copies from originals; certification of signatures in papers and documents in Vietnamese; certification of signatures of translators of documents translated from a foreign language into Vietnamese or from Vietnamese into a foreign language

Document

10

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Notarization of testaments, modification, supplementation, replacement or cancellation of testaments; notarization of documents on renunciation of inheritance

Document

10

4

Issuance of copies of notarized documents

Copy

5

5

Legalization of papers and documents

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10

6

Judicial mandate. Verification of papers and documents (freights excluded)

Dossier/document

50

7

Issuance or certification of papers or documents related to ships, airplanes and other means of transport

Document

15

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Issuance of citizenship registration certificates

Certificate

5

9

Fees for consular certification

a/ For certification of seals and signatures

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2

b/ For certification of seals, signatures and contents of documents

Copy

5

10

Consular certification at citizens' request

Copy

5

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Archive of testaments and preservation of papers, documents and valuable objects of Vietnamese citizens

Document or object/year

20

12

Receipt and forwarding of petitions and evidences of Vietnamese citizens and legal persons to competent domestic agencies (freights excluded)

Document or object

10

C

Nationality-related fees

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1

Naturalization

Person

250

2

Restoration of nationality

Person

200

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Renunciation of nationality

Person

200

4

Registration for retention of nationality

Person

10

D

Fees for civil status registration

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1

Birth registration

a/ Birth registration

Certificate

5

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b/ Late birth registration

Certificate

10

c/ Birth re-registration

Certificate

15

2

Marriage

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a/ Marriage registration

Certificate

70

b/ Marriage re-registration

Certificate

120

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Death registration

a/ Death registration

Certificate

5

b/ Late death registration

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10

c/ Death re-registration

Certificate

15

4

Child adoption

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a/ Registration of child adoption

Certificate

150

b/ Re-registration of child adoption

Certificate

250

5

Recognition of parents or children

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Registration of recognition of parents or children

Certificate

200

6

Correction of family names, given names, middle names or dates of birth

Certificate

70

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Registration of guardianship among overseas Vietnamese or between overseas Vietnamese and foreigners

Certificate

30

8

Other civil status registration

a/ Issuance of copies of civil status papers

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5

b/ Issuance and certification of papers for carrying out procedures for marriage registration, child adoption or guardianship at competent foreign agencies

Paper

50

c/ Issuance and certification of other civil status papers

Paper

5

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aV Re-issuance of birth certificates from original books

Certificate

15

e/ Registration of changes in or correction of civil status, re-identification of ethnic groups, re-identification of gender, supplementation or modification of civil status already registered with Vietnamese representative mission or foreign competent agencies and noted in civil status books in Vietnamese representative missions

Document

15

f/ Issuance of certificates of the marriage status of Vietnamese citizens during the period of residing abroad

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10

g/ Recording of other civil status changes, including identification of parents and children; changes in nationality, divorce; cancellation of illegal marriage; termination of child adoption for civil status-related issues already registered with Vietnamese representative missions

Document

10

h/ Recording of birth registration; marriage; recognition of parents and children; and child adoption of overseas Vietnamese already registered with competent foreign agencies and issuance of other civil status papers according to Vietnam's forms

Document

20

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Other regulations:

1

Vietnamese citizens residing in China, Laos, Thailand and Cambodia shall pay consular fees equal to 20% of the corresponding rate prescribed for each job specified in this Tariff (except Section V, Part A)

2

Charges for rush work and overtime work other than the above-specified fees when dossiers are valid, (except Item 3, Section D):

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a/ Within a day (24 hours):

30%

b/ Within a day and a half (36 hours):

20%

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c/ Overtime work, work after dossier-receiving hours or on holidays:

30%

Thông tư 236/2009/TT-BTC hướng dẫn chế độ thu, nộp, quản lý và sử dụng phí và lệ phí lãnh sự áp dụng tại các cơ quan đại diện ngoại giao, cơ quan đại diện lãnh sự Việt Nam ở nước ngoài do Bộ Tài chính ban hành