Circular No. 169/2016/TT-BTC stipulates the level of collection, the system of collection, submission, management, and use of fees for the examination of technology transfer contracts.

CIRCULAR

Regulations on the level of collection, collection regime, submission, management, and use of fees for reviewing and approving fire prevention and firefighting design

fee for contract review in technology transfer   

On the basis of the Law on Fees and Charges dated November 25, 2015;

On the basis of Article 1. This Decree regulates the use of state assets to pay investors when implementing construction projects under the Build-Transfer Contract form (hereinafter referred to as BT Project) in accordance with the provisions of the law. June 25, 2015;

On the basis of Law on Technology Transfer November 29, 2006;

Decree No. 133/2008/NĐ-CP December 31, 2008 Government Decree detailing and guiding the implementation of certain provisions of the Law on Technology Transfer; Decree number 120/2014/NĐ-CP December 17, 2014 amending and supplementing certain provisions of Decree number 133/2008/NĐ-CP December 31, 2008;

Decree No. Decision No. 120/2016/NĐ-CP dated August 23, 2016 of the Government detailing and guiding the implementation of certain provisions of the Law on Fees and Charges;

Decree No. 215/2013/NĐ-CP dated December 23, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Director of the Policy Department;

The Minister of Finance issues this Circular stipulating the level of collection, collection system, payment, management, and use of the fee for contract review in technology transfer.

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular stipulates the level of collection, collection system, payment, management, and use of the fee for contract review in technology transfer.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

This Circular applies to organizations and individuals both within and outside the country who request contract review in technology transfer; state administrative agencies authorized to review contracts for technology transfer; other organizations and individuals related to the collection, payment, management, and use of the fee for contract review in technology transfer.

2. Fee payers

Domestic and foreign organizations and individuals when submitting applications for registration of technology transfer contracts; supplementary and amended registration certificates for technology transfer contracts; approval of technology transfer and technology transfer licenses for technologies listed in the restricted technology transfer catalog as prescribed in Decree No. 133/2008/NĐ-CP dated December 31, 2008 of the Government detailing and guiding the implementation of certain provisions of the Law on Technology Transfer, Decree No. 120/2014/NĐ-CP dated December 17, 2014 amending and supplementing certain provisions of Decree No. 133/2008/NĐ-CP dated December 31, 2008 of the Government must pay the fee for contract review in technology transfer according to this Circular.

Article 3. Fee Collection Organizations

State administrative agencies authorized to review contracts for technology transfer as prescribed in Decree No. 133/2008/NĐ-CP dated December 31, 2008 of the Government detailing and guiding the implementation of certain provisions of the Law on Technology Transfer have the responsibility to organize the collection, declaration, payment, management, and use of the fee for contract review in technology transfer according to this Circular.

Article 4. Fee Rates

The level of collection of the fee for contract review in technology transfer is specified as follows:

1. Level of collection of the fee for contract review in technology transfer for registration:

a) For initial technology transfer contracts, the fee for contract review in technology transfer shall be calculated at a rate of 0.1% (one thousandth) of the total value of the technology transfer contract but not exceeding VND 10 million and not less than VND 5 million.

b) For technology transfer contracts requesting supplementary and amended registration, the fee for contract review in technology transfer shall be calculated at a rate of 0.1% (one thousandth) of the total value of the supplementary and amended contract but not exceeding VND 5 million and not less than VND 3 million.

2. Level of collection of the fee for contract review in technology transfer for technologies listed in the restricted technology transfer catalog through two steps of preliminary approval (preliminary permit) and issuance of a technology transfer license:

a) The level of collection of the fee for preliminary examination and approval of technology transfer (preliminary permit) is VND 10 million.

b) The level of collection of the fee for contract review in technology transfer for the issuance of a technology transfer license is calculated according to point a, Clause 1 of this Article.

Article 5. Declaration and Payment of Fees

1. Not later than the fifth day of each month, the fee collection organization must transfer the amount of fees collected in the previous month to the account for pending budget payments opened at the State Treasury.

2. Organizations collecting fees shall declare the collected fees monthly and settle the fees annually according to Clause 3, Article 19 of Circular No. 156/2013/TT-BTC dated November 6, 2013 issued by the Minister of Finance guiding the implementation of certain provisions of the Law on Tax Administration; the Law Amending and Supplementing Certain Provisions of the Law on Tax Administration; and Decree No. 83/2013/NĐ-CP dated July 22, 2013 of the Government.

Article 6. Management and Use of Fees

1. Organizations collecting fees shall remit the entire amount of collected fees into the state budget according to the current State Budget Classification. The cost of reviewing and collecting fees shall be covered by the state budget allocated in the organization's budget according to the state budget expenditure standards prescribed by law.

2. In cases where organizations collecting fees are allocated operating costs according to the Government's or Prime Minister's regulations on the self-management and self-responsibility mechanism for the use of staffing and administrative management funds for state agencies:

a) Organizations collecting fees may retain 70% (seventy percent) of the total amount of collected fees to cover the costs of reviewing and collecting fees as prescribed in Clause 2, Article 5 of Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government detailing and guiding the implementation of certain provisions of the Law on Fees and Charges and may use the following items:

- Costs for inspecting and reviewing technology in technology transfer contracts;

- Payment for hiring experts to inspect, review, write comments, and evaluate reports on the results of the review;

- Costs for meetings of the Review Board for technology transfer contracts.

b) The remaining 30% (thirty percent) of the collected fees that organizations collecting fees must remit into the state budget according to the current State Budget Classification.

Article 7. Implementation Organization

1. This Circular takes effect from January 1, 2017, replacing Circular No. 200/2009/TT-BTC dated October 15, 2009 of the Minister of Finance stipulating the level of collection, collection system, payment, management, and use of the fee for contract review in technology transfer.

2. Other contents related to the collection and payment of fees not specified in this Circular shall be implemented in accordance with the Law on Fees and Charges; Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government detailing and guiding the implementation of certain provisions of the Law on Fees and Charges; Circular No. 156/2013/TT-BTC dated November 6, 2013 of the Minister of Finance guiding the implementation of certain provisions of the Law on Tax Administration; the Law Amending and Supplementing Certain Provisions of the Law on Tax Administration; and Decree No. 83/2013/NĐ-CP dated July 22, 2013 of the Government and the Circular of the Minister of Finance on printing, issuing, managing, and using fee and charge receipts, and any subsequent amendments and supplements thereto.

3. Organizations and individuals subject to payment of fees and relevant agencies are responsible for implementing this Circular. In the course of implementation, if there are any difficulties, organizations and individuals are requested to promptly report them to the Ministry of Finance for consideration and guidance./.