Pursuant to the National Assembly Standing Committee�s Charge and Fee Ordinance No. 38/2001/PL-UBTVQH10 of August 28, 2001;

Pursuant to Decree No. 189/HDBT of June 4, 1992 of the Council of Ministers (now the Government) detailing the implementation of the Consular Ordinance;

Pursuant to the Government�s Decree No. 57/2002/ND-CP of June 3, 2002 detailing the implementation of the Charge and Fee Ordinance;

Pursuant to the Prime Minister�s Official Dispatch No. 398/CP-KTTH of May 14, 2002 on the mechanism of using the overseas consular fee;

The Finance Ministry hereby guides the regime of collection, remittance, management and use of fees to be applied at the foreign-based Vietnamese diplomatic missions and consulates (hereinafter referred collectively to as the consular fee), as follows:

I. APPLICATION SCOPE AND FEE PAYERS

1. Application scope: This Circular shall only apply from its effective date till the end of December 31, 2005. As from January 1, 2006, there will be specific guidance.

2. Fee payers:

Vietnamese and foreign organizations and individuals, that are provided services in the State management domain at their own requests or under the provisions of law by the foreign-based diplomatic missions or consulates of the Socialist Republic of Vietnam, shall have to pay the fees prescribed in this Circular.

3. The consular fee shall not be collected in the following cases:

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

b/ Officials, administrative and technical staffs (including their spouses and children) of foreign diplomatic missions and consulates and international organizations, who enjoy the privileges and immunities.

c/ Foreigners bearing diplomatic or official passports granted by foreign countries, on the principle of reciprocity.

d/ Foreigners exempt from the fees under treaties or agreements signed between the Vietnamese Government and foreign governments or organizations.

e/ Foreigners being citizens of the countries, which have not yet signed treaties or agreements with Vietnam but have unilaterally given visa fee exemption to Vietnamese citizens bearing diplomatic, official or general passports, shall also be exempt from the visa fee on the principle of reciprocity.

f/ Foreigners entering Vietnam to carry out relief work or humanitarian assistance to Vietnamese organizations and/or individuals.

g/ Subjects exempt from the consular fees under specific decisions of the Minister for Foreign Affairs.

II. FEE LEVELS

1. The consular fee levels specified in the Fee Table promulgated together with this Circular shall be applied at the foreign-based Vietnamese diplomatic missions and consulates.

For the following cases, the specific fee levels shall be applied as follows:

a/ Vietnamese permanently residing in China, Laos and Thailand shall pay the fees at a level equal to 50% of the prescribed one; Vietnamese permanently residing in Cambodia shall pay the fee at a level equal to 20% of the prescribed one corresponding to the services specified in the Fee Table.

b/ On the principle of reciprocity and according to practices in each foreign country, the Ministry for Foreign Affairs shall consider and decide to readjust (increase or reduce) by up to 20% the fee levels prescribed in the Fee Table promulgated together with this Circular, to be applied at the Vietnamese diplomatic mission or consular office in each specific country. In cases where it is necessary to readjust (increase or reduce) by over 20%, the Ministry for Foreign Affairs shall request in writing the Finance Ministry to decide.

2. The consular fees shall be collected in US dollar (USD) or in local currencies which are converted from USD at the exchange rates set by banks where the Vietnamese representation offices open their accounts and kept stable for 6 months. Within the said duration, if the exchange rates fluctuate (increase or reduce) by 20%, the heads of the representation offices shall have to report such to the Finance Ministry for consideration and resetting of the fee levels in local currencies, which shall also be kept stable according to such principle.

III. FEE COLLECTION, REMITTANCE AND MANAGEMENT

1. The consular fee-collecting agencies shall be the foreign-based Vietnamese diplomatic missions and consulates directly providing to organizations and individuals the State management-related services at the latter�s requests or according to the provisions of law. The consular fee-collecting agencies shall have to:

- Organize the fee collection and remittance strictly according to the provisions of this Circular. When collecting and remitting the fees, they must use fee collection and remittance vouchers printed and issued by the Ministry for Foreign Affairs in conformity with management requirements of the branch after obtaining the written agreement of the Finance Ministry (the General Tax Department).

- Open accounting books to monitor the collected fee amounts and amounts remitted into the State budget, and spend fee amounts in strict compliance with the prescribed regime.

2. Procedures for collecting and remitting the fees into the State budget

(Promulgated together with the Finance Ministry�s Circular No. 99/2002/TT-BTC of October 25, 2002)