Decision No. 18/2006/QD-BTC On the regulation of the amount of fees, collection, payment, management, and use for the examination of Technology Transfer Contracts

Pursuant to …;

Regarding the Provision of Levels of Collection, Collection System, Management and Usage of Fees for Contract Technology Transfer Review

phí thẩm định Hợp đồng chuyển giao công nghệ

________________________

MINISTER OF FINANCE

Pursuant to Decree No. 57/2002/NĐ-CP dated June 3, 2002 of the Government detailing the implementation of the Ordinance on Fees and Charges;

Pursuant to Decree No. 24/2006/NĐ-CP dated March 6, 2006 of the Government amending and supplementing some 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;

Pursuant to Decree No. 11/2005/NĐ-CP dated February 2, 2005 of the Government detailing technology transfer (amended);

Pursuant to Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Director of the Policy Department;

Pursuant to …;

Article 1. Organizations and individuals (domestic and foreign) when submitting application files for registration of technology transfer contracts according to the provisions of Decree No. 11/2005/NĐ-CP dated February 2, 2005 of the Government detailing technology transfer (amended) must pay the review fee for technology transfer contracts as prescribed in this Decision.

Article 2. The level of collection of the review fee for technology transfer contracts is specified as follows:

1. The review fee for technology transfer contracts 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 3 million.

2. For technology transfer contracts requesting amendments and supplements, the review fee for technology transfer contracts shall be calculated at a rate of 0.1% (one thousandth) of the total value of the amended and supplemented contract, but not exceeding VND 5 million and not less than VND 2 million.

Article 3. The review fee for technology transfer contracts is a revenue item belonging to the state budget, managed and used as follows:

1. State agencies with the function of reviewing technology transfer contracts according to the provisions of Decree No. 11/2005/NĐ-CP shall collect the review fee for technology transfer contracts (hereinafter referred to as the collecting agency). The collecting agency is entitled to retain 50% (fifty percent) of the collected fees to cover costs for the review and collection process as detailed below:

a) Payment to individuals directly performing the review and collection: salary, wages, allowances, contributions as stipulated based on salary (excluding salary expenses for officials and civil servants already receiving salaries from the state budget according to regulations), overtime bonuses for staff of the collecting agency;

b) Expenses for the review work, including:

- Costs for inspecting and reviewing technologies of technology transfer contracts, inspecting the implementation of technology transfers in projects;

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

- Expenses for conferences, seminars, meetings of the Review Board for technology transfer contracts.

c) Direct service costs for the review and collection process such as office supplies, office materials, communication, electricity, water, travel expenses... according to current standards and norms;

d) Regular maintenance and major repair costs for assets, machinery, and equipment directly serving the review and collection process; depreciation of fixed assets to carry out the review and collection process;

đ) Purchase costs for materials, raw materials, and other expenses directly related to the review and collection process;

e) Awards and welfare for employees directly performing the review and collection work within the unit according to the principle of an average of up to three months' salary if the annual income exceeds the previous year, and up to two months' salary if it is lower or equal to the previous year, after ensuring the expenses stipulated in points a, b, c, d, and đ of this clause. Each year, the collecting agency must settle actual income and expenditure. After settling according to regulations, the remaining unspent fees can be carried over to the next year for continued spending according to the prescribed regulations. The fees retained by the collecting agency to cover costs for the review and collection process will not be reflected in the state budget.

2. The total amount of collected fees, after deducting the retained portion as stipulated in Clause 1 of this Article, the remaining 50% must be paid into the state budget according to the corresponding chapter, type, and item 042, sub-item 21 of the State Budget Classification currently in effect.

Article 4.

1. This Decision takes effect 15 days after its publication in the Official Gazette.

2. Abolish Circular Joint No. 139/1998/TTLT-BTC-BKHCNMT dated October 23, 1998 of the joint of the Ministry of Finance and the Ministry of Science, Technology, and Environment guiding the collection and usage of review fees and registration fees for technology transfer contracts.

3. Other contents related to the collection, payment, management, usage, receipt, and public disclosure of the fee collection system not mentioned in this Decision shall be implemented according to the guidance provided in Circular No. 63/2002/TT-BTC dated July 24, 2002 of the Ministry of Finance guiding the implementation of legal provisions on fees and charges.

4. During the implementation process, if there are any difficulties, organizations and individuals are requested to promptly reflect them to the Ministry of Finance for research and supplementary guidance.