Resolution No. 148/2016/NQ-HDND dated December 13, 2016, on amounts, collection, payment, management and use of fees for using facilities, infrastructure, services and public utilities in checkpoint areas of Hai Phong seaport

RESOLUTION

ON AMOUNTS, COLLECTION, PAYMENT, MANAGEMENT AND USE OF FEES FOR USING FACILITIES, INFRASTRUCTURE, SERVICES AND PUBLIC UTILITIES IN CHECKPOINT AREAS OF HAI PHONG SEAPORT

15TH PEOPLE'S COUNCIL OF HAI PHONG CITY AT 3RD SESSION

Pursuant to the Law on organization of local governments dated June 19, 2015;

Pursuant to the Law on promulgation of legislative documents dated June 22, 2015;

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 on guidelines for the Law on fees and charges;

Implementing Directive No. 14/CT-TTg dated May 10, 2016 of the Prime Minister on initiating the Law on fees and charges;

Pursuant to Circular No. 250/2016/TT-BTC dated November 11, 2016 of the Ministry of Finance on guidelines for fees and charges within decision competence of People's Councils of provinces and central-affiliated cities;

In consideration of Statement No. 243/TTr-UBND dated November 22, 2016 of People’s Committee of city on amounts, collection, payment, management and use of facilities, infrastructure, services, and public utilities in checkpoint areas of Hai Phong seaport; assessment report of  Commission of Economy and Budget of People's Council of city; and consultation of the People’s Council deputies,

RESOLVE:

Article 1. Regulations on amounts, collection, payment, management and use of fees for using facilities, infrastructure, services and public utilities in checkpoint areas of Hai Phong seaport:

1. Payers

a) Organizations and individuals trading temporarily imported goods, transited goods, goods sent to bonded warehouses, or goods in transit that use facilities, infrastructure, services, and public utilities in checkpoint areas of Hai Phong seaport;

b) Organizations and individuals trading temporarily imported goods, transited goods, goods sent to bonded warehouses, or goods in transit that make customs declaration of temporary import of goods in a province/city but follow procedures for re-export at a Sub-department of Customs at the checkpoint affiliated to Department of Customs of Hai Phong;

c) Organizations and individuals trading goods sent to bonded warehouses that make customs declaration at a customs post outside the checkpoint area in a province/city but follow procedures for being moved to another custom post outside the checkpoint area and being sealed by the customs at a Sub-department of Customs at the checkpoint affiliated to Department of Customs of Hai Phong;

d) Organizations and individuals trading imported goods, exported goods through checkpoints of seaports in the administrative divisions of Hai Phong;

e) Exemption: With regard to temporarily imported goods, only goods temporarily imported from a foreign country to Vietnam so as to being exported to another country shall be charged, goods temporarily imported for re-export prescribed in Point a, b, c, d, dd Clause 1 Article 48 of the Law on Customs 2014 shall not be charged; with regard to trading of goods sent to bonded warehouses, only goods from a foreign country that are sent bonded warehouses awaiting being exported to another country shall be charged as prescribed in Directive No. 23/CT-TTg dated September 7, 2012 of the Prime Minister; other goods shall not be charged.

2. Goods exempt from fees

Imported goods and exported goods serving the duties of national defense and security, and aid goods are exempt from fees.

3. Amounts of fees

a) Regarding temporarily imported goods, transited goods, goods sent to bonded warehouses (other than transited goods prescribed in Clause 2 Article 89 of Circular No. 38/2015/TT-BTC dated March 25, 2015 of the Ministry of Finance):

b) Regarding goods in transit, transited goods prescribed in Clause 2 Article 89 of Circular No. 38/2015/TT-BTC dated March 25, 2015 of the Ministry of Finance:

c) Regarding imported goods, exported goods:

4. Collecting authority: The People’s Committee of Hai An district

5. Management and use of fees

a) Rate of amount of fees withheld by the collecting authority

Assign the People’s Committee of city to stipulate a fixed budget for the collecting authority or agencies cooperating in the fee collection in accordance with applicable regulations provided that the withheld rate may not exceed 10% of collected amount of fees.

b) The management and use of withheld fees serving the fee collection must be consistent with the rules prescribed in the Government's Decree No. 120/2016/ND-CP dated August 23, 2016 on guidelines for the Law on fees and charges and their guiding documents.

Article 2.Implementation

1. Assign the People’s Committee of city to direct agencies and units to implement this Resolution.

2. Assign the Standing board of People’s Council, Committees, groups of  People’s Council deputies and People’s Council deputies to inspect and supervise the implementation of Resolution.

3. According to performance of the first 6 months in 2017, assign the People’s Committee of city to send a report on performance to the Standing board of People's Council of city to consider adjusting amounts of fees in conformity with real conditions.

4. All regulations contrary to this Resolution shall be annulled.

This Resolution is ratified by the 15th People's Council of city during the 3th session on December 8, 2016 and comes into force from January 1, 2017./.

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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COLLECTING POINT NO. …………………..

DECLARATION OF FEES FOR USING FACILITIES, INFRASTRUCTURE, SERVICES AND PUBLIC UTILITIES IN CHECKPOINT AREAS OF HAI PHONG SEAPORT

Enterprise’s name: ...............................................................................................................

Address: ...............................................................................................................................

..............................................................................................................................................

Business identification number: ...........................................................................................

Ref. No. of customs declaration/B/L/delivery order: ............................................................

[Date]………………………………………………………………………………………..

I hereby declare that the above information is accurate and take legal responsibility for declared figures./.

Issued with receipt No. ……………………………….