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(NAR) VOL. 10 NO. 3 / JULY - SEPTEMBER 1999
[ DTI DEPARTMENT ADMINISTRATIVE ORDER NO. 6, S. 1999, July 14, 1999 ]
PRESCRIBING A REVISED SCHEDULE OF FEES AND CHARGES, AND FOR OTHER PURPOSES
Pursuant to Section 54, Book IV of the Administrative Code of 1987, Executive Order No. 159 , Series of 1994 as implemented by DOF-DBM Joint Circular No. 2-94, directing the Department of Trade and Industry, among others, to revise its fees and charges at just and reasonable rates sufficient to recover at least the full cost of services rendered, the following revised schedule of fees and charges is hereby prescribed and promulgated for the information, guidance and compliance of all concerned:
Article I
Scope
Section 1. This Order covers fees and charges relative to:
A) ACCREDITATION OF SERVICE AND REPAIR ENTERPRISES AND THEIR TECHNICAL EMPLOYEES under Presidential Decree 1572 as implemented by Ministry Order No. 32, Series of 1985 R.A 7394, otherwise known as the Consumer Act of the Philippines as implemented by Department Administrative Order No. 2, Series of 1993 as amended by Department Order No. 69, Series of 1993;
B) REGISTRATION OF BUSINESS NAMES AND STYLES as provided under Act No. 3883 as amended by Act No. 4147 and Republic Act No. 863, as implemented by Domestic Trade Administrative Order No. 80, Series of 1982 as amended;
C) ISSUANCE OF LICENSES AND/OR PERMITS TO REAL ESTATE BROKERS, SALESMEN, APPRAISERS, CONSULTANTS, REALTY ORGANIZATIONS, SHIP AGENTS AND MERCHANDISE BROKERS (under Act No. 2728 as amended by Acts 3715 and 3969, and as implemented by Commerce Administrative Order No. 3, Series of 1933; Commerce Administrative Order No. 2, Series of 1956; Department Administrative Order No. 1, Series of 1975 as amended by Department Administrative Order No. 1-A, Series of 1977 and Department Administrative Order No. 1-B, Series of 1982, Ministry Order No. 39, Series of 1985; Department Order No. 22, Series of 1987; and Department Administrative Order No. 2, Series of 1988);
D) ISSUANCE OF LICENSES TO MANUFACTURERS, IMPORTERS, WHOLESALERS, RETAILERS, SALESMEN, SERVICE FIRMS, TECHNICIANS OF FIRE EXTINGUISHERS under Presidential Decree 1185 as implemented by Department Administrative Order No. 2, Series of 1979, as well as Letter of Instructions No. 727, creating the National Fire Safety Council;
E) ISSUANCE OF LICENSES/PERMITS TO BONDED WAREHOUSES under Act No. 3893 as amended by Republic Act No. 247, commonly known as the "General Bonded Warehouse Law";
Article II
Accreditation of Service and Repair Enterprises
Section 1. Fees.- The fees for accreditation of service and repair enterprises for Electronics, Electrical, Air-conditioning, Refrigeration, Motor Vehicles, Heavy Equipment, Engine and Engineering Works, Right-Hand Drive Vehicles, Office Machine, Data Processing Equipment and Medical/Dental Equipment shall be as follows:
Section 2. Life Of The Certificate; Renewal. — The Certificate of Accreditation shall be good for one (1) year from the date of its original registration. The application for renewal shall be made on or before the 31st of January every year. An applicant who filed his application for renewal after the date referred to shall pay a surcharge equivalent to twenty-five percent (25%) of the annual fee in addition to the annual fee.
Section 3. Other Fees/Charges.
(a) For Certification; Replacement of a lost/destroyed Certificate - P50.00
(b) For Listing of Accredited Enterprises - P20.00 for the 1st 5 pages & P3.00/page per succeeding page
(c) For Listing of Accredited Enterprises (in diskette) - P5.00/Accredited - Enterprise
Article III
Registration of Business Names
Section 1. Registration Fee. — To cover the costs of research, processing and other miscellaneous expenses for each Business Name, Firm Name or Style registered, a Registration Fee shall be collected as follows
a. For Sole Proprietorships P300.00
b. For Partnerships/Corporations 500.00
Section 2. Life Of The Certificate; Renewal. — The Certificate of Registration shall be good for Five (5) years from the date of its original registration. The application for renewal may be filed within three (3) months from the expiration of the five (5)-year period, without surcharge.
Section 3. Surcharge. — If the application for renewal is filed after the said period of three (3) months, it shall be subject to a surcharge to be added to the Registration Fee. The amount of surcharge for late renewal shall be ONE HUNDRED PESOS (P100.00)
Section 4. Reckoning Period. — In case of renewal, the five (5)-year life of the certificate of registration shall be reckoned from the date of its approval.
Section 5. Other Fees/Charges.
a. For Certification
e.g. (Negative Certification, Change of address, Additional line of business, Increase or decrease in Capital) P50.00
b. For Credit Investigation 50.00/BN
c. For Listing of Registered Business Name
20.00/page for 1st
5 pages & P3.00 per
succeeding page
d. For Listing of Registered Business Name (in diskette) P5.00/BN
Article IV
Business Licensing/Permission
Section 1. Real Estate Examination Fee. — Subject to other qualification, requirements imposed under applicable laws, rules and regulations, any person who desires to engage in real estate practice, such as, salesman, broker, appraiser and consultant, must take and pass the required qualifying examination and pay the corresponding Examination Fee in the amount of TWO HUNDRED AND FIFTY PESOS (P250.00).
Section 2. Realty Practice. — For purposes of issuing the required license and in addition to all other requirements under the law, there shall be collected, license fees and/or charges for the following:
a) Real Estate Salesman P200.00
b) Real Estate Broker 350.00
c) Real Estate Appraiser 400.00
d) Real Estate Consultant 500.00
e) Realty Service Organization 650.00
Section 3. Duration Of License; Renewal. — All license issued for real estate brokers/salesmen shall expire on December 31st of each year. Provided,' that in the case of real estate appraisers and consultants, the duration of the license shall be for a period of three (3) years, Provided further, that the license fees for the three year period shall be paid in full upon issuance of license. License may be renewed within thirty (30) days after its expiry date upon application in the form duly prescribed by the Bureau.
Section 4. Surcharge. — If the licensee renews the certificate after thirty (30) days but within the year for renewal, a surcharge of fifty (50%) percent of the basic fee in addition to the license fee shall be paid. If renewal is made after one or more years, there shall be paid a basic license fee for all the years the licensee was not licensed plus fifty (50%) percent surcharge on the total basic fee.
Section 5. Ship Broker; Merchandise Broker. — There shall be collected a corresponding fee for the licensing/permission of Ship Brokers and Merchandise Brokers. The fees are as follows:
a) Ship Broker P350.00
b) Merchandise Broker 350.00
The certificate of authority issued under this section shall be in force for one year, which shall contain four (4) quarters ending March 31, June 30, September 30 and December 31. A fraction of a quarter shall be considered as one quarter. Application for renewal may be filed within thirty (30) days from the expiry date. Renewal of Certificate of Authority beyond the thirty (30) day grace period shall be charged the following surcharge, to wit:
The surcharge is based on the basic fee and is paid in addition to the basic fee.
Section 6. Other Fees And/Or Charges. — A corresponding fee and/or charge for the following shall also be collected:
Section 7. Regulation Of Fire Extinguisher Business. — Apart from all other requirements imposed by law relative to the regulation of Fire Extinguisher businesses, the required license/permit fee and/or other charges for Fire Extinguisher on the following shall be collected:
Section 8. Term Of License; Renewal; Surcharge; — The license certificate issued under the preceding section shall expire on the 31st day of December of each year. Renewal may be made within sixty-(60) day from the expiry date upon due application and payment of the prescribed fee. Failure on the part of the licensee to renew within the said period shall cause the licensee to pay a surcharge of fifty (50%) of the renewal fee in addition to the renewal fee.
Section 9. Regulation Of Bonded Warehouses. — Persons engage in the business of "warehouse" as defined under the Bonded Warehouse Act, as amended, are required to pay license/permit fee and/or charge on the basis of the following:
Article V
Miscellaneous Provisions
Section 1. Crediting of Payments. — Payments made by mistake (e.g., excess payments) for any of the fees covered by this Order, shall be refunded to the payor, not directly but by way of crediting the mistake payments to future financial obligations of the payor to the concerned DTI office.
Section 2. Separability Clause. — In the event that any provision/s of these rules and regulations or the application of any such provision/s to any person or circumstances is declared invalid, all other provisions unaffected shall continue to remain in full force and effect.
Section 3. Repealing Clause. — All Orders and rules and regulations of parts thereof inconsistent herewith are hereby repealed or amended accordingly.
Section 4. Publication And Effectivity. — This Order shall be published in two newspapers of general circulation in the Philippines and shall take effect fifteen (15) days after said publication.
Adopted: 14 July 1999
(SGD.) JOSE TRINIDAD PARDO
Secretary
Recommending aproval
(SGD.) ZENAIDA CUISON-MAGLAYA
Asst. Secretary &
Caretaker, BTRCP
Scope
Section 1. This Order covers fees and charges relative to:
A) ACCREDITATION OF SERVICE AND REPAIR ENTERPRISES AND THEIR TECHNICAL EMPLOYEES under Presidential Decree 1572 as implemented by Ministry Order No. 32, Series of 1985 R.A 7394, otherwise known as the Consumer Act of the Philippines as implemented by Department Administrative Order No. 2, Series of 1993 as amended by Department Order No. 69, Series of 1993;
B) REGISTRATION OF BUSINESS NAMES AND STYLES as provided under Act No. 3883 as amended by Act No. 4147 and Republic Act No. 863, as implemented by Domestic Trade Administrative Order No. 80, Series of 1982 as amended;
C) ISSUANCE OF LICENSES AND/OR PERMITS TO REAL ESTATE BROKERS, SALESMEN, APPRAISERS, CONSULTANTS, REALTY ORGANIZATIONS, SHIP AGENTS AND MERCHANDISE BROKERS (under Act No. 2728 as amended by Acts 3715 and 3969, and as implemented by Commerce Administrative Order No. 3, Series of 1933; Commerce Administrative Order No. 2, Series of 1956; Department Administrative Order No. 1, Series of 1975 as amended by Department Administrative Order No. 1-A, Series of 1977 and Department Administrative Order No. 1-B, Series of 1982, Ministry Order No. 39, Series of 1985; Department Order No. 22, Series of 1987; and Department Administrative Order No. 2, Series of 1988);
D) ISSUANCE OF LICENSES TO MANUFACTURERS, IMPORTERS, WHOLESALERS, RETAILERS, SALESMEN, SERVICE FIRMS, TECHNICIANS OF FIRE EXTINGUISHERS under Presidential Decree 1185 as implemented by Department Administrative Order No. 2, Series of 1979, as well as Letter of Instructions No. 727, creating the National Fire Safety Council;
E) ISSUANCE OF LICENSES/PERMITS TO BONDED WAREHOUSES under Act No. 3893 as amended by Republic Act No. 247, commonly known as the "General Bonded Warehouse Law";
Accreditation of Service and Repair Enterprises
Section 1. Fees.- The fees for accreditation of service and repair enterprises for Electronics, Electrical, Air-conditioning, Refrigeration, Motor Vehicles, Heavy Equipment, Engine and Engineering Works, Right-Hand Drive Vehicles, Office Machine, Data Processing Equipment and Medical/Dental Equipment shall be as follows:
CLASSIFICATION | ORIGINAL | RENEWAL | |
| Filing fees | / Accreditation fees |
|
|
|
|
|
a. One(1) — Star | P50.00 | P350.00 | P350.00 |
b. Two(2) — Star | 50.00 | 400.00 | 400.00 |
c. Three(3) — Star | 50.00 | 425.00 | 425.00 |
d. Four(4) — Star | 50.00 | 450.00 | 450.00 |
e. Five(5) — Star | 50.00 | 500.00 | 500.00 |
f. Medical/Dental | 50.00 | 350.00 | 350.00 |
Section 2. Life Of The Certificate; Renewal. — The Certificate of Accreditation shall be good for one (1) year from the date of its original registration. The application for renewal shall be made on or before the 31st of January every year. An applicant who filed his application for renewal after the date referred to shall pay a surcharge equivalent to twenty-five percent (25%) of the annual fee in addition to the annual fee.
Section 3. Other Fees/Charges.
(a) For Certification; Replacement of a lost/destroyed Certificate - P50.00
(b) For Listing of Accredited Enterprises - P20.00 for the 1st 5 pages & P3.00/page per succeeding page
(c) For Listing of Accredited Enterprises (in diskette) - P5.00/Accredited - Enterprise
Registration of Business Names
Section 1. Registration Fee. — To cover the costs of research, processing and other miscellaneous expenses for each Business Name, Firm Name or Style registered, a Registration Fee shall be collected as follows
a. For Sole Proprietorships P300.00
b. For Partnerships/Corporations 500.00
Section 2. Life Of The Certificate; Renewal. — The Certificate of Registration shall be good for Five (5) years from the date of its original registration. The application for renewal may be filed within three (3) months from the expiration of the five (5)-year period, without surcharge.
Section 3. Surcharge. — If the application for renewal is filed after the said period of three (3) months, it shall be subject to a surcharge to be added to the Registration Fee. The amount of surcharge for late renewal shall be ONE HUNDRED PESOS (P100.00)
Section 4. Reckoning Period. — In case of renewal, the five (5)-year life of the certificate of registration shall be reckoned from the date of its approval.
Section 5. Other Fees/Charges.
a. For Certification
e.g. (Negative Certification, Change of address, Additional line of business, Increase or decrease in Capital) P50.00
b. For Credit Investigation 50.00/BN
c. For Listing of Registered Business Name
20.00/page for 1st
5 pages & P3.00 per
succeeding page
d. For Listing of Registered Business Name (in diskette) P5.00/BN
Business Licensing/Permission
Section 1. Real Estate Examination Fee. — Subject to other qualification, requirements imposed under applicable laws, rules and regulations, any person who desires to engage in real estate practice, such as, salesman, broker, appraiser and consultant, must take and pass the required qualifying examination and pay the corresponding Examination Fee in the amount of TWO HUNDRED AND FIFTY PESOS (P250.00).
Section 2. Realty Practice. — For purposes of issuing the required license and in addition to all other requirements under the law, there shall be collected, license fees and/or charges for the following:
a) Real Estate Salesman P200.00
b) Real Estate Broker 350.00
c) Real Estate Appraiser 400.00
d) Real Estate Consultant 500.00
e) Realty Service Organization 650.00
Section 3. Duration Of License; Renewal. — All license issued for real estate brokers/salesmen shall expire on December 31st of each year. Provided,' that in the case of real estate appraisers and consultants, the duration of the license shall be for a period of three (3) years, Provided further, that the license fees for the three year period shall be paid in full upon issuance of license. License may be renewed within thirty (30) days after its expiry date upon application in the form duly prescribed by the Bureau.
Section 4. Surcharge. — If the licensee renews the certificate after thirty (30) days but within the year for renewal, a surcharge of fifty (50%) percent of the basic fee in addition to the license fee shall be paid. If renewal is made after one or more years, there shall be paid a basic license fee for all the years the licensee was not licensed plus fifty (50%) percent surcharge on the total basic fee.
Section 5. Ship Broker; Merchandise Broker. — There shall be collected a corresponding fee for the licensing/permission of Ship Brokers and Merchandise Brokers. The fees are as follows:
a) Ship Broker P350.00
b) Merchandise Broker 350.00
The certificate of authority issued under this section shall be in force for one year, which shall contain four (4) quarters ending March 31, June 30, September 30 and December 31. A fraction of a quarter shall be considered as one quarter. Application for renewal may be filed within thirty (30) days from the expiry date. Renewal of Certificate of Authority beyond the thirty (30) day grace period shall be charged the following surcharge, to wit:
| a) | One month late | - | Ten (10%) percent |
| b) | Two (2) months late | - | Twenty (20%) percent |
| c) | Three (3) months late | - | Thirty (30%) percent |
| d) | Four (4) to Five (5) months late | - | Forty (40%) percent |
| e) | Six (6) months and beyond | - | (50%) percent |
The surcharge is based on the basic fee and is paid in addition to the basic fee.
Section 6. Other Fees And/Or Charges. — A corresponding fee and/or charge for the following shall also be collected:
| a) | Change of Address | P50.00 |
| b) | Transfer of Salesman's License | 50.00 |
| c) | Certifications/Certified Copy | 50.00 |
Section 7. Regulation Of Fire Extinguisher Business. — Apart from all other requirements imposed by law relative to the regulation of Fire Extinguisher businesses, the required license/permit fee and/or other charges for Fire Extinguisher on the following shall be collected:
| a. | Importer | - | P5,000.00 |
| b. | Manufacturer | - | 3,000.00 |
| c. | Wholesaler | - | 1,500.00 |
| d. | Retailer | - | 150.00 |
| e. | Service Firm | - | 150.00 |
| f. | Salesman | - | 100.00 |
| g. | Technician | - | 100.00 |
Section 8. Term Of License; Renewal; Surcharge; — The license certificate issued under the preceding section shall expire on the 31st day of December of each year. Renewal may be made within sixty-(60) day from the expiry date upon due application and payment of the prescribed fee. Failure on the part of the licensee to renew within the said period shall cause the licensee to pay a surcharge of fifty (50%) of the renewal fee in addition to the renewal fee.
Section 9. Regulation Of Bonded Warehouses. — Persons engage in the business of "warehouse" as defined under the Bonded Warehouse Act, as amended, are required to pay license/permit fee and/or charge on the basis of the following:
| a. | For the 1st 1,000 cu. m. | P100.00 |
| b. | Beyond 1,000 cu. m | 50 |
Miscellaneous Provisions
Section 1. Crediting of Payments. — Payments made by mistake (e.g., excess payments) for any of the fees covered by this Order, shall be refunded to the payor, not directly but by way of crediting the mistake payments to future financial obligations of the payor to the concerned DTI office.
Section 2. Separability Clause. — In the event that any provision/s of these rules and regulations or the application of any such provision/s to any person or circumstances is declared invalid, all other provisions unaffected shall continue to remain in full force and effect.
Section 3. Repealing Clause. — All Orders and rules and regulations of parts thereof inconsistent herewith are hereby repealed or amended accordingly.
Section 4. Publication And Effectivity. — This Order shall be published in two newspapers of general circulation in the Philippines and shall take effect fifteen (15) days after said publication.
Adopted: 14 July 1999
Secretary
Recommending aproval
(SGD.) ZENAIDA CUISON-MAGLAYA
Asst. Secretary &
Caretaker, BTRCP