Circular No. 152/2013/TT-BTC Amending and Supplementing Certain Provisions of Circular No. 158/2010/TT-BTC dated October 12, 2010 of the Ministry of Finance guiding the financial regime for the National Office of Intellectual Property

CIRCULAR

Amending and supplementing certain articles of Circular No. 158/2010/TT-BTC dated October 12, 2010 guiding financial regulations for the National Office of Intellectual Property On the basis of Decree No. 57/2002/NĐ-CP dated June 3, 2002 of the Government detailing the implementation of the Ordinance on fees and charges, and Decree No. 24/2006/NĐ-CP dated March 6, 2006 of the Government amending and supplementing certain articles of Decree No. 57/2002/NĐ-CP dated June 3, 2002 of the Government detailing the implementation of the Ordinance on fees and charges;

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Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

On the basis of Decree No. 43/2006/NĐ-CP dated April 25, 2006 of the Government stipulating autonomy and responsibility for the performance of tasks, organizational structure, staffing, and finance for public service units;

The Minister of Finance issues this Circular amending and supplementing certain articles of Circular No. 158/2010/TT-BTC dated October 12, 2010 guiding financial regulations for the National Office of Intellectual Property as follows:

At the proposal of the Director of the Administrative and Public Service Financial Department;

Article 1. Amending and supplementing certain articles of Circular No. 158/2010/TT-BTC as follows:

"1. Sources of intellectual property fees and charges:

The levels of collection of various types of intellectual property fees and charges shall be implemented according to the provisions of the Ministry of Finance (Circular No. 22/2009/TT-BTC dated February 4, 2009 of the Ministry of Finance stipulating the levels of collection, management, and utilization of intellectual property fees and charges). The revenue from fees and charges shall be allocated as follows:

- The National Office of Intellectual Property retains 70% of the revenue from intellectual property fees and charges to serve the activities of the National Office of Intellectual Property and to invest in the development of intellectual property affairs.

- The National Office of Intellectual Property is responsible for remitting 30% of the collected intellectual property fees and charges to the State budget: Monthly and annually, the unit is responsible for declaring, remitting, and settling 30% of the collected fees and charges into the State budget according to the chapters, categories, items, and sub-items of the current State budget."

2. Amending paragraph a point 1.2 Clause 1 Article 3 as follows:

"a) Establishing a Development Fund for Public Service Activities at a minimum of 25% of the surplus between retained fee and charge revenues minus the expenditures specified in point 1.1 Clause 1, Article 3 of this Circular."

3. Supplementing the end of paragraph b point 1.2 Clause 1 Article 3 as follows:

"The maximum level of additional income expenditure shall not exceed twice the basic salary grade."

4. Supplementing point e into Clause 4 Article 4 as follows:

1. This Circular takes effect from December 12, 2013 and applies from the 2013 fiscal year; it will remain stable for three years and replace relevant contents in Circular No. 158/2010/TT-BTC dated October 12, 2010.

Article 2. Implementation

2. During the implementation process, if there are any difficulties, units are requested to promptly report to the Ministry of Finance for consideration and resolution./.

During the implementation process, if there are any difficulties, units are requested to promptly reflect them to the Ministry of Finance for consideration and resolution./.