Circular No. 16/2025/TT-BTC dated April 24, 2025 on fees for provision of information on criminal records, and collection, transfer, management and use thereof

CIRCULAR

FEES FOR PROVISION OF INFORMATION ON CRIMINAL RECORDS, AND COLLECTION, TRANSFER, MANAGEMENT AND USE THEREOF

Pursuant to the Law on Fees and Charges dated November 25, 2015;

Pursuant to the Law on Criminal Record dated June 17, 2009;

Pursuant to the Law on Tax Administration dated June 13, 2019;

Pursuant to the Government's Decree No. 120/2016/ND-CP dated August 23, 2016 elaborating the Law on Fees and Charges;

Pursuant to the Government’s Decree No. 82/2023/ND-CP dated November 28, 2023 on amendments to some articles of the Government’s Decree No. 120/2016/ND-CP dated August 23, 2016 elaborating the Law on Fees and Charges;

Pursuant to the Government’s Decree No. 11/2020/ND-CP dated January 20, 2020 on administrative procedures for state treasury operations;

Pursuant to the Government’s Decree No. 123/2020/ND-CP dated October 19, 2020 on invoices and records;

Pursuant to the Government's Decree No. 126/2020/ND-CP dated October 19, 2020 on elaboration of the Law on Tax Administration;

Pursuant to the Government's Decree No. 91/2022/ND-CP dated October 30, 2022 providing amendments to the Decree No. 126/2020/ND-CP ;

Pursuant to the Government’s Decree No. 29/2025/ND-CP dated February 24, 2025 on functions, tasks, powers and organizational structure of the Ministry of Finance of Vietnam;

At the request of the Director of the Department of Management and Supervision of Tax, Fees and Charges Policies;

The Minister of Finance promulgates Circular on fees for provision of information on criminal records, and collection, transfer, management and use thereof

Article 1. Scope and regulated entities

1. This Circular introduces regulations on fees for provision of information on criminal records, and collection, transfer, management and use thereof in case Vietnamese citizens or foreigners apply for issuance of criminal records.

2. This Circular applies to payers, collectors and other organizations and individuals related to collection, transfer, management and use of fees for provision of information on criminal records.

Article 2. Payers

Vietnamese citizens or foreigners shall, when submitting their applications for issuance of criminal records, pay fees according to regulations in this Circular.

Article 3. Collectors

State authorities competent to issue criminal records as per law are collectors according to regulations in this Circular.

Article 4. Fees

1. Fees for provision of information on criminal records are regulated as follows:

If an applicant submits his/her application for issuance of more than 02 copies of the criminal record, he/she will have to pay 5.000/copy starting from the third.

2. If the application for issuance of the criminal record is submitted online (including VNeID application), fee for provision of information on criminal record shall be regulated as follows:

a) From April 24, 2025 to the end of December 31, 2025, the fee shall be regulated as follows:

If an applicant submits his/her application for issuance of more than 02 copies of the criminal record, he/she will have to pay 5.000/copy starting from the third.

b) From January 01, 2026 onwards, the fee will be collected according to clause 1 of this Article.

Article 5. Persons exempt from fees

1. Children specified in the Children Law.

2. The elderly specified in the Law on the Elderly.

3. Persons with disabilities specified in the Law on Persons with Disabilities.

4. Members of poor and near-poor households according to regulations of law on poverty criteria.

5. Persons residing in extremely disadvantaged communes, ethnic minority groups in communes with extremely difficult socio-economic conditions, border communes, and safe zone communes as prescribed by law.

Article 6. Declaration, collection, transfer and making of statements of fees

1. Each collector shall transfer total amount of fees collected in the previous month to its dedicated account opened at the State Treasury by the 05th of each month.

2. Collectors shall declare, collect, transfer and make statements of fees in accordance with the regulations of the Circular No. 74/2022/TT-BTC dated December 22, 2022 of the Minister of Finance.

Article 7. Management and use of fees

1. The collector may retain 35% of total amount of collected fees to cover expenses for service provision and fee collection prescribed in clause 4 Article 1 of the Government's Decree No. 82/2023/ND-CP dated November 28, 2023 on amendments to some articles of the Government’s Decree No. 120/2016/ND-CP dated August 23, 2016. The remaining amount (65%) shall be transferred to state budget according to chapters and sub-items of the applicable State Budget Index.

2. The collector that is a state authority ineligible for use of a pre-determined amount of collected fees to cover its operating expenses as prescribed in clause 3 Article 1 of the Government's Decree No. 82/2023/ND-CP shall transfer total amount of collected fees to the state budget. Incurred expenses during performance of tasks and collection of fees shall be covered by state budget-derived fund which is included in the collector’s cost estimate under policies and levels of state budget expenditures as per laws.

Article 8. Implementation clauses

1. This Circular comes into force from April 24, 2025 and replaces the Circular No. 244/2016/TT-BTC dated November 11, 2016 of the Minister of Finance.

2. Other contents concerning collection, transfer, management and use of fees, fee receipts, and disclosure of fee collection regimes which are not mentioned in this Circular shall comply with regulations of the Law on Fees and Charges; the Government’s Decree No. 120/2016/ND-CP dated August 23, 2016; the Decree No. 82/2023/ND-CP ; the Law on Tax Administration; the Government’s Decree No. 126/2020/ND-CP dated October 19, 2020; the Government’s Decree No. 91/2022/ND-CP dated October 30, 2022; the Government’s Decree No. 11/2020/ND-CP dated January 20, 2020; the Government’s Decree No. 123/2020/ND-CP dated October 19, 2020; the Government’s Decree No. 70/2025/ND-CP dated March 20, 2025; the Circular No. 78/2021/TT-BTC dated September 17, 2021 of the Minister of Finance, and the Government’s Decree No. 123/2020/ND-CP dated October 19, 2020.

3. If any documents referred to in this Circular are amended, supplemented or superseded, the new ones shall apply.

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