Before July 10th, 2016: Based on Circular No. 124/2011/TT-BTC and Circular No. 34/2013/TT-BTC, if the renaming of a company was made simultaneously with the change of even only one founding shareholder, registration fee must be paid upon re-registration of ownership or use rights of properties. The exemption from registration fee was only given to the case of renaming without the change of founding shareholders.
However, from July 10th, 2016: Under the new regulations of Circular No. 75/2016/TT-BTC and Circular No. 301/2016/TT-BTC, registration fee must not be paid only when the renaming is made simultaneously with the change of entire founding shareholders. If there is change of 1 or certain founding shareholder(s), registration fee shall be exempt.
Accordingly, base price of buildings for calculation of the registration charge is determined according to the ratio (%) of the building’s remaining quality. This ratio shall be regulated by the provincial People's Committees (Clause 2 Article 3).
The floor space of a building on which the registration charge is levied is the entire floor area (including the floor area of ancillary structures). With regard to an apartment, the base price of the apartment shall include the value of the land area allocated accordingly (Clause 2 Article).
With regard to other assets, base price for calculation of the registration charge shall be the actual market-based transfer price instead of being determined according to base price list issued by the provincial People's Committees. The actual market-based transfer price is based on sales invoice, contract, prime cost, etc. (Clause 3 Article 3)
Particularly, with regard to automobiles and motorcycles, base price for calculation of the registration charge is still based on the base price list but under the new regulations, this base price list shall be issued by the Ministry of Finance instead of being issued by the provincial People's Committees (Clause 3 Article 3)
Regarding rate of registration charge, for motorcycles registered in cities, provinces, towns to which the rate of registration charge of 5% has been applied, from the 2nd registration forth, the rate of 1% shall be applied (Clause 4 Article 4)
This Circular takes effect from January 1st, 2017. To replace Clause 1 Article 19 of Circular No. 156/2013/TT-BTC dated November 6th, 2013 and replace these Circulars:
Accordingly, in comparison with the earlier regulations, entities subject to registration fee and registration fee rates are not changed under this Decree.
However, this Decree adds some cases to be exempt from registration fee, including:
- Land allotted or leased by the government to use for public matters, exploration and extraction of minerals or science research, construction of infrastructure, housing for sale, production activities in the fields of agriculture, forestry, aquaculture (Clause 3 Article 9);
- Entities allotted land by the government then having obtained a certificate a certificate of land use right, if later subjected to rent such land, shall pay at once the full rental for the entire duration of lease according to the Land Law upon the effective date of this Decree (Clause 16 Article 9);
- Non-motorized vessels, up to 15 DWT; motorized vessels with main engine’s power of up to 15 hp; vessels carrying up to 12 people; high-speed passenger ship, container ship (Clause 27 Article 9);
- Real property contributed by private investors in education - vocational training; health care; cultural activities; sports and gymnastics; environment (Clause 28 Article 9);
- Real property registered under non-state entities for education - training; health care; cultural activities; sports and gymnastics; science and technology; environment; society; population, family, child care and protection (Clause 29 Article 9);
- Real property registered under scientific and technological enterprises (Clause 30 Article 9);
This Decree comes into force as of January 1st, 2017. From the effect date of this Circular, the following regulations shall be null and void:
Accordingly, only the following cases, in which the renaming and the change of property owner are made simultaneously, shall have to pay registration fee:
1. Renaming and changing entire founding shareholders (with regard to joint stock companies having founding shareholders) or changing entire shareholders holding initial charter capital (with regard to joint stock companies having no founding shareholders) or entire members of company (with regard to other enterprise forms) or owner of private company (in the case of selling the company according to Article 187 of the Law on Enterprise No. 68/2014/QH13
2. Renaming and converting form of enterprise under the provisions at:
- Point c Clause 1 Article 196 (converting a limited liability company into a joint-stock company by selling part of or all of the stakes to one or some other entities);
- Point b Clause 1 Article 197 (converting a joint-stock company into a single-member limited liability company in the form of an organization or individual other than a shareholder receives the transfer of all shares of all of the company’s shareholders);
- Point c Clause 1 Article 198 (converting a joint-stock company into a limited liability company by transferring all of shares to other organizations and individuals that contribute capital);
- Article 199 of the Law on Enterprises, except for the case of converting a private company into a single-member limited liability company which is owned by the individual that is the owner of the converted private company.
- Cases not subject to registration fee: Houses, land inherited or donated among family members and relatives as regulated being issued with Certificate of Land Use Right, House Ownership and Assets attached to the Land upon presenting to the tax agency any legal paper evidencing the relationship with the giver or certification by the communal people’s committee where the giver or receiver of the asset is permanently residing.
- Bases for determination of value for registration fee:
+ Land: Value of land purchased under auction sale as regulated for calculation of registration fee shall be the winning price written on the invoice.
+ Houses: Actual price of the state-owned house on the invoice in case of selling to the lessee; price of the resettlement house approved by the
competent authorities; winning price written on the invoice in case the
house is auctioned as regulated.
+ Other assets: If the purchase is paid by installments, the value for
calculation of registration fee shall be the total value of payment at one
time, exclusive of interest.
- Rates of registration fee
+ Automobiles of 10 seats or less (including the driver) shall pay registration fee for the first time at 10% which may be subject to change but must not exceed 50% of the common rate as regulated in view of the actual circumstances at each locality; for the second time or more be 2% and applicable nationwide.
+ Registration fee of automobiles shall be determined by the tax agencies basing on the number of seats on the automobiles as designed by the manufacturers or automobile types as determined by the competent authorities.
- Cases subject to owing of registration fee shall be required to pay registration fee in accordance with the procedures for owing of registration fee as regulated.
This Circular shall be effective from April 01, 2013. Other regulations contrary to those regulated in this Circular shall be repealed.
Pre-registration fees on housing and land will be fixed at 0.5 percent, while a rate of 1 percent will be applied to ships, barges, motor boats, cruisers and airplanes. Motorbikes will be subject to registration fees of 1-5 percent.
The circular will take effect from October 15, 2011.
(i) Land use rights and residential houses - 0.5 per cent
(ii) Hunting guns, sports guns; motorcycles, automobiles, trailers or caravans - 2 per cent.
For motorcycles of organizations and individuals in centrally run cities, as well as provincial cities and towns where provincial People's Committees are headquartered, the registration fee will be 5 per cent;
For passenger cars with fewer than 10 seats (including the driver), the registration fee will be between 10 per cent and 20 per cent.
Registration fee for motorbike of organizations, individuals enumerated in central and provincial cities or towns is 5% for enumeration at the 1st time and 1% at the 2nd time onwards. Registration fee for motorbike of organizations, individuals enumerated in other areas is 2% for enumeration at the 1st time and 1% at the 2nd time onwards
Regarding to automotive for transport of person with under 10 seats (including the driver), registration fee is from 10% to 15%. For other automobiles (including trailer and semi-trailer), registration fee is 2%.
This Circular takes effects 45 days after its signature.