Circular No. 29/2009/TT-BTC stipulates the level of collection, collection system, payment, and management of fees for issuing certificates of copyright and related rights. The fee level is determined based on the type of work and applies to domestic organizations/persons as well as foreigners when registering copyright or related rights.
Đối tượng áp dụng
Domestic organizations and individuals and foreign organizations and individuals when registering copyright or related rights.
Các điểm cốt lõi
- Payment of fees: Domestic organizations/persons and foreigners (registering copyright/related rights) → must pay the fees as prescribed in this Circular.
- Fee levels: Written works 100,000 VND, architecture 300,000 VND, graphic arts 400,000 VND, cinematography 500,000 VND, computer programs/databases 600,000 VND; recorded performances 200,000-300,000 VND, broadcasting 500,000 VND.
- Reissue fee: 50% of the initial fee level.
- Fee collection agency: Copyright Office → implements the task of collecting fees and paying into the state budget as prescribed.
- Use of fees: 70% for organizing fee collection activities, 30% paid into the state budget.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Ensuring resources for managing and protecting copyrights and related rights.
- Negative impact: Increased registration costs, which may impose a burden on organizations/persons needing to register.
- Who benefits: State agencies responsible for protecting copyrights and related rights.
- Who is affected: Organizations/persons both domestically and internationally when registering copyrights/related rights.
❓ Câu hỏi thường gặp
What is the fee level for issuing a certificate of copyright?
The fee levels are as follows: Written works 100,000 VND, architecture 300,000 VND, graphic arts 400,000 VND, cinematography 500,000 VND, computer programs/databases 600,000 VND.
What is the reissue fee?
The reissue fee is 50% of the initial fee level corresponding to each type of work.
Which agency is responsible for collecting fees?
The Copyright Office is responsible for organizing the collection of fees according to this Circular.
How will the collected fees be used?
70% of the collected fees will be used for organizing fee collection activities, 30% paid into the state budget.
When does this Circular take effect?
This Circular takes effect 45 days from the date of signature.
Toàn văn
CIRCULAR
Provisions on the level of collection, collection regime, payment, management and use of fees for issuing certificates of copyright and related rights.
Based on the Intellectual Property Law and Decree No. 100/2006/NĐ-CP dated September 21, 2006 of the Government detailing and guiding the implementation of certain provisions of the Civil Code, the Intellectual Property Law regarding copyright and related rights;
Based on Decree No. 57/2002/NĐ-CP dated June 3, 2002 and Decree No. 24/2006/NĐ-CP dated March 6, 2006 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;
Based on 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;
After receiving opinions from the Ministry of Culture, Sports and Tourism, the Ministry of Finance shall stipulate the level of collection, collection regime, payment and management and use of fees for issuing certificates of copyright as follows:
This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.
Domestic organizations and individuals and foreign organizations and individuals when obtaining from the state management agency for copyright protection a certificate of registration for copyright and a certificate of registration for related rights must pay the fee according to the provisions of this Circular.
II. SPECIFIC PROVISIONS
1. The level of collection of fees for issuing certificates of copyright and related rights is stipulated as follows:
|
Quarter (1) |
Type of work |
Rate of Collection |
|
I |
Registration of copyright |
|
|
1 |
a) Literary, scientific works, textbooks, teaching materials, and other works expressed in writing or other symbols (collectively referred to as written works); b) Lectures, speeches, and other spoken works; c) Press works; d) Musical works; đ) Photographic works. |
100.000 |
|
2 |
a) Architectural works; b) Drawings, diagrams, maps, and drawings related to topography and scientific projects. |
300.000 |
|
3 |
a) Fine art works; b) Applied art works. |
400.000 |
|
4 |
a) Cinematographic works; b) Stage works fixed on tapes or discs. |
500.000 |
|
5 |
Computer programs, data collections, or programs running on computers |
600.000 |
|
II |
Registration of related rights |
|
|
1 |
Performance recorded on: a) Audio recordings; b) Video recordings; c) Broadcast programs. |
200.000 300.000 500.000 |
|
2 |
Audio recordings |
200.000 |
|
3 |
Video recordings |
300.000 |
|
4 |
Broadcast programs |
500.000 |
2. The level of collection prescribed in Clause 1 of this Section applies to the issuance of certificates of registration for copyright and related rights for the first time. In case of reissuance, 50% of the initial collection level must be paid for each corresponding type of work.
3. The collecting agency is not required to refund the fee for certificates of registration for copyright and related rights that have been revoked or canceled.
4. The state management agency for copyright and related rights (Copyright Office) as stipulated in the Intellectual Property Law shall organize the collection of fees for issuing certificates of copyright according to the provisions of this Circular (hereinafter referred to as the fee collecting agency) shall be responsible for registering, declaring, and paying the fee into the state budget according to Circular No. 63/2002/TT-BTC dated July 24, 2002; Circular No. 45/2006/TT-BTC dated May 25, 2006 amending and supplementing Circular No. 63/2002/TT-BTC dated July 24, 2002 of the Ministry of Finance guiding the implementation of laws on fees and charges; and Circular No. 60/2007/TT-BTC dated June 14, 2007 guiding the implementation of certain provisions of the Tax Administration Law and guiding the implementation of Decree No. 85/2007 dated May 25, 2007 of the Government detailing the implementation of certain provisions of the Tax Administration Law.
5. The fee collecting agency may use 70% of the total amount of fees collected before depositing it into the state budget to cover expenses for implementing the fee collection work as follows:
5.1. Regular expenses serving the organization of fee collection for issuing certificates of copyright and contributions to welfare funds for staff involved in fee collection according to Circular No. 63/2002/TT-BTC dated July 24, 2002 and Circular No. 45/2006/TT-BTC dated May 25, 2006 amending and supplementing Circular No. 63/2002/TT-BTC dated July 24, 2002 of the Ministry of Finance guiding the implementation of laws on fees and charges.
5.2. Special expenses:
a) Printing (or purchasing) application forms, declaration forms, certificates, and related files directly related to fee collection; printing registration certificates for copyright and related rights;
b) Purchasing registration files for copyright and related rights;
c) Regular maintenance and major repairs of assets, machinery, and equipment serving fee collection work;
d) Renting office space (if necessary);
đ) Storing and digitizing data on copyright registrations;
e) Expenses for establishing, managing, and operating networks of databases on copyright and related rights information.
6. The total amount of fees actually collected after deducting the retained amount at the ratio specified in Clause 5 of this Section, the remaining amount (30%) shall be deposited into the state budget (according to the relevant chapters, types, items, sub-items, and sub-sub-items of the current State Budget Classification). The entire retained amount (70%) must be used for its intended purpose according to the approved expenditure limit and with supporting documentation. Annually, the fee collecting agency shall settle accounts for the use of revenue receipts; the amount of fees collected; the amount of fees retained for the unit; the amount of fees to be paid into the state budget; the amount of fees already paid and still to be paid into the state budget with the tax authority. Settlement of the use of the retained amount shall be conducted with the financial department at the same level according to current regulations.
III. IMPLEMENTATION
1. This Circular takes effect 45 days from the date of signature. This Circular replaces Circular No. 166/1998/TT-BTC dated December 19, 1998 of the Ministry of Finance guiding the collection regime for copyright registration fees.
2. Organizations and individuals subject to the obligation to pay fees for issuing certificates of copyright and related agencies shall strictly comply with the provisions of this Circular.
3. During the implementation process, if there are any difficulties, please promptly report them to the Ministry of Finance for research and supplementary guidance./.
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