Thông tư 46/2018/TT-BTC quy định về chi phí thực tế để in, sao, chụp và gửi thông tin theo quy định tại khoản 2 Điều 12 Luật Tiếp cận thông tin do Bộ trưởng Bộ Tài chính ban hành

CIRCULAR

FEES FOR PRINTING, DUPLICATION, PHOTOCOPYING AND SENDING OF INFORMATION AS PRESCRIBED IN CLAUSE 2 ARTICLE 12 OF THE LAW ON ACCESS TO INFORMATION

Pursuant to the Law on State Budget dated June 25, 2015 and its instructional documents;

Pursuant to the Law on access to information dated April 06, 2016;

Pursuant to the Government's Decree No. 13/2018/ND-CP dated January 23, 2018 detailing and guiding the implementation of the Law on access to information;

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;

At the request of the Director of the Legal Department;

Minister of Finance promulgates a Circular prescribing the fees for printing, duplication, photocopying and sending of information as prescribed in Clause 2 Article 12 of the Law on access to information.

Article 1. Scope

This Circular provides for the fees for printing, duplication, photocopying and sending of information as prescribed in Clause 2 Article 12 of the Law on access to information.

Article 2. Regulated entities

1. Organizations and individuals that request regulatory authorities to provide information.

2. Regulatory authorities, agencies and officers in charge of providing information.

3. Other organizations and individuals involved in the provision of information.

Article 3. Provision of information fees

1. Applicants for provision of information must not pay provision of information fees and charges but must pay fees for printing, duplication, photocopying and sending of information as requested. To be specific:

1.1. Printing, duplication and photocopying fees:

a) Fees for printing, duplication and photocopying of information shall be paid according to fee rates specified in the Appendix enclosed herewith.

b) Printing, duplication and photocopying fees charged by information-providing agencies located in disadvantaged or extremely disadvantaged areas are as follows:

- 70% of the corresponding fees specified in the Appendix enclosed herewith, if they are located in disadvantaged areas.

- 50% of the corresponding fees specified in the Appendix enclosed herewith, if they are located in extremely disadvantaged areas.

Disadvantaged or extremely disadvantaged areas are determined according to the Appendix II enclosed with the Government's Decree No. 118/2015/ND-CP dated November 12, 2015.

1.2. Fees for sending information to applicants: Fees for sending information shall be the maximum postage rates specified in Article 3 and the Appendix enclosed with the Circular No. 22/2017/TT-BTTTT dated September 29, 2017 of the Ministry of Information and Communications.

2. Applicants for provision of information must not pay fees for sending information if such requested information is provided electronically or by fax.

Article 4. Collection and transfer of fees for printing, duplication, photocopying and sending of information

1. Methods and procedures for collection and transfer of fees for printing, duplication, photocopying and sending of information shall be carried out according to the procedures for collection of state budget revenues specified in the Circular No. 328/2016/TT-BTC dated December 26, 2016. To be specific:

a) Based on the Information Request Form (Form No. 01a or 01b enclosed with the Government's Decree No. 13/2018/ND-CP dated January 23, 2018) received and the fee rates specified in Article 3 herein, the officer in charge of providing information shall calculate and determine the provision of information fees and the deadline for fee payment; determine information concerning the collection management agency (tax agency) and state treasury receiving fee transfer for filling in the Method of payment item (including: Name of collection management agency:……/ Name of state treasury receiving fee transfer:…..) for submission to the head of the agency in charge of providing information for approval and filling in the Response to the information request (Form No. 03 enclosed with the Government’s Decree No. 13/2018/ND-CP dated January 23, 2018).

b) The applicant for provision of information is liable to make full payment of provision of information fees specified in the Response to the information request (Form No. 03 enclosed with the Government’s Decree No. 13/2018/ND-CP dated January 23, 2018) granted by the agency in charge of providing information before being provided with information.

2. Collected amounts of fees for printing, duplication, photocopying and sending of information shall be recorded in Chapter of information-providing agencies, item 4900 – other receipts and sub-item 4949 – other receipts as regulated in the Circular No. 324/2016/TT-BTC dated December 21, 2016.

Article 5. Preparing estimate and statement of funding from state budget for printing, duplication, photocopying and sending of information

Expenditures for printing, duplication, photocopying and sending of information as prescribed in this Circular shall be covered by state budget and classified as state management expenditures (within the level of recurrent state management expenditures). Preparation of estimate, payment and statement of expenditures shall be made in accordance with regulations of the Law on state budget and its instructional documents.

Article 6. Implementation

1. This Circular takes effect as of July 01, 2018.

2. If any legislative documents referred to in this Circular are amended, supplemented or replaced, the new ones shall prevail.

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

APPENDIX

FEES FOR PRINTING, DUPLICATION AND PHOTOCOPYING OF INFORMATION
(Enclosed with the Circular No. 46/2018/TT-BTC dated May 14, 2018 by the Ministry of Finance)

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