Circular 44/2018/TT-BTC amending Circular 285/2016/TT-BTC stipulating the rate, collection, payment and management of fees and charges in veterinary work; Circular 286/2016/TT-BTC stipulating the rate, collection, payment, management and use of fees for appraisal of food safety and quality management in the agricultural sector

CIRCULAR

AMENDMENTS TO THE CIRCULAR NO. 285/2016/TT-BTC DATED NOVEMBER 14, 2016 ON VETERINARY FEES, COLLECTION, TRANSFER AND MANAGEMENT THEREOF, AND THE CIRCULAR NO. 286/2016/TT-BTC DATED NOVEMBER 14, 2016 BY MINISTER OF FINANCE ON FEES FOR INSPECTION OF FOOD SAFETY AND QUALITY IN AGRICULTURAL SECTOR, AND COLLECTION, TRANSFER, MANAGEMENT AND USE THEREOF

Pursuant to the Law on fees and charges dated November 25, 2015;

Pursuant to the Government's Decree No. 120/2016/ND-CP dated August 23, 2016 detailing and guiding the implementation of a number of articles of the Law on fees and charges;

Pursuant to the Government's Decree No. 87/2017/ND-CP dated July 26, 2017 defining the functions, tasks, powers and organizational structure of Ministry of Finance;

Pursuant to the Prime Minister’s Decision No. 16/2018/QĐ-TTg dated March 23, 2018 on application of financial mechanism for the Plant Protection Department, the Department of Animal Health and the The National Agro-Forestry-Fisheries Quality Assurance Department (NAFIQAD) affiliated to the Ministry of Agriculture and Rural Development.

In implementation of the Government’s Resolution No. 75/NQ-CP dated August 09, 2017 on the Government’s regular meeting in July, 2017;

At the request of the Director of the Tax Policy Department,

The Minister of Health promulgates a Circular providing amendments to the Circular No. 285/2016/TT-BTC dated November 14, 2016 on veterinary fees, collection, transfer and management thereof, and the Circular No. 286/2016/TT-BTC dated November 14, 2016 by Minister of Finance on fees for inspection of food safety and quality in agricultural sector, and collection, transfer, management and use thereof.

Article 1. Article 3 of the Circular No. 285/2016/TT-BTC dated November 14, 2016 is amended and supplemented as follows:

“The following agencies shall take charge of collecting veterinary fees: the Department of Animal Health, Regional Animal Health Offices No. I, II, III, IV, V, VI and VII, Departments of Animal Quarantine of Lang Son, Lao Cai and Quang Ninh, the National Center for Veterinary Drugs and Bio-Products Control No. I, the National Center for Veterinary Drugs and Bio-Products Control No. II, the National Center for Veterinary Hygiene Inspection No. I, the National Center for Veterinary Hygiene Inspection No. II, the National Centre for Veterinary Diagnosis, competent authorities in charge of managing veterinary activities as prescribed in Article 6 of the Law on veterinary medicine, Agricultural Services Center, agricultural departments and economic departments affiliated to District-level People’s Committees and assigned to manage veterinary activities”.

Article 2. Clause 3 Article 6 of the Circular No. 285/2016/TT-BTC dated November 14, 2016 is amended as follows:

“3. If total amount of fees collected of a collection agency that is under the management of the central government is smaller than its cost estimate as approved by a competent authority, it may received money transferred from another collection agency whose revenue is in surplus at the request of the Department of Animal Health. To be specific:

a) At the end of each quarter, each collection agency under the management of the central government shall compare its revenue and quarterly expenditure limit (according to its annual cost estimate approved by a competent authority) and transfer the revenue surplus (if any) to the account of the Department of Animal Health for transferring to any collection agency facing revenue deficit as prescribed herein.

b) The Department of Animal Health may open a deposit account at the State Treasury for managing and regulating veterinary fees retained as prescribed by law between collection agencies of the same level".

Article 3. Part I of the Veterinary fee schedule enclosed with the Circular No. 285/2016/TT-BTC dated November 14, 2016 is amended and supplemented as follows:

Article 4. Article 3 of the Circular No. 286/2016/TT-BTC dated November 14, 2016 is amended and supplemented as follows:

“Article 3. Collection agencies

Agencies in charge of collecting fees for inspection of food safety and quality in agricultural sector are those in charge of managing and controlling quality, safety and hygiene of foods, agricultural, forest and aquatic products, including: The National Agro-Forestry-Fisheries Quality Assurance Department (NAFIQAD), NAFIQAD central region authority and NAFIQAD southern region authority, Reference Testing and Agrifood Quality Consultancy Center (RETAQ), NAFIQAD branches 1, 2, 3, 4, 5, 6, Department of Animal Health, Plant Protection Department, Directorate of Fisheries, local agencies in charge of inspecting and certifying the satisfaction of food safety requirements".

Article 5. Points 1, 2, 3 Part I of the Schedule of fees for inspection of food safety and quality in agricultural sector enclosed with the Circular No. 286/2016/TT-BTC dated November 14, 2016 are amended and supplemented as follows:

Article 6. Implementation

1. This Circular comes into force as of June 22, 2018.

2. Provisions on management and use of retained fees in Clause 3 Article 6 of the Circular No. 285/2016/TT-BTC and Clause 1 Article 6 of the Circular No. 286/2016/TT-BTC shall remain effective until December 31, 2018 inclusively.

3. Difficulties that arise during the implementation of this Circular should be promptly reported to Ministry of Finance for consideration./.

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