Circular No. 31/2020/TT-BTC amends the level of fees and charges for industrial property rights and stipulates that organizations collecting fees may retain a portion of the collected fees. This document shall take effect from July 1, 2020.
Đối tượng áp dụng
Persons paying fees and charges for industrial property rights; organizations implementing the collection of such fees and charges.
Các điểm cốt lõi
- Persons paying fees and charges for industrial property rights must comply with the levels of payment specified in the Schedule of Fees and Charges for Industrial Property Rights (Article 1).
- Organizations collecting fees may retain 50% of the collected fees to cover expenses and remit 50% to the state budget (Article 2).
- The fee for processing international registration procedures for trademarks and designs of Vietnamese origin is VND 2,000,000 for each design (Point 6.2 Section B of the Schedule of Fees).
- In cases where an international treaty to which Vietnam is a party specifies different fee levels than this Circular, the provisions of that international treaty shall apply (Article 1).
- This Circular takes effect from July 1, 2020.
🌐 Tác động xã hội từ văn bản này
- Persons paying fees and charges for industrial property rights will have to comply with the new levels of payment.
- Organizations collecting fees benefit from retaining a portion of the collected fees.
- The amendments may facilitate the international registration of trademarks and designs.
❓ Câu hỏi thường gặp
What is the fee for processing international registration procedures for trademarks and designs of Vietnamese origin?
VND 2,000,000 for each design.
What percentage of the collected fees may organizations collecting fees retain?
50% of the collected fees.
Toàn văn
CIRCULAR
Amending and supplementing certain provisions of Circular No. 263/2016/TT-BTC dated November 14, 2016 of the Minister of Finance on the level of collection, collection system, management and use of fees for industrial property rights
dated November 14, 2016 of the Minister of Finance stipulating the level of collection, collection system, management and use of fees for industrial property rights
The level of collection, collection system, management and use of fees for industrial property rights
_________________
Pursuant to the Law on Fees and Charges dated November 25, 2015;
Pursuant to the Hague Agreement Concerning the International Registration of Industrial Designs;
Pursuant to 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;
Pursuant to Decree No. 87/2017/NĐ-CP dated July 26, 2017, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
At the request of the Director of the Tax Policy Department;
The Minister of Finance issues this Circular amending and supplementing certain provisions of Circular No. 263/2016/TT-BTC dated November 14, 2016 stipulating the level of collection, collection system, management and use of fees for industrial property rights.
Article 1. Amending and supplementing certain provisions of Circular No. 263/2016/TT-BTC dated November 14, 2016
1. Clause 1 of Article 4 shall be amended and supplemented as follows:
"1. The level of collection of fees for industrial property rights shall be implemented according to the prescribed rates in the Table of Collection Rates for Industrial Property Fees attached hereto. In cases where international treaties to which Vietnam is a party provide for different levels of industrial property fees than those stipulated herein (except for the registration fee for international trademarks under the Madrid Protocol with Vietnam designated, as provided in Point 6.4 Subsection B of the Table of Collection Rates for Industrial Property Fees attached hereto), such provisions shall apply."
2. Clause 2 of Article 6 is amended and supplemented as follows:
"2. The organization collecting the fees may retain 50% of the collected fees to cover costs for performing tasks, services, and collecting fees as stipulated in Article 5 of Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government detailing certain provisions of the Law on Fees and Charges, and shall remit 50% of the collected fees into the State budget according to the current State budget classification."
3. Amending and supplementing Point 6.2 Subsection B of the Table of Collection Rates for Industrial Property Fees issued pursuant to Circular No. 263/2016/TT-BTC as follows:
|
Serial number |
List of fees and charges for industrial property rights |
Collection Rate (thousand VND) |
||||
|
Invention (including utility solutions) |
Industrial design |
: Trade name |
Geographical Indication |
Integrated Circuit Layout Design |
||
|
6.2 |
Fee for implementing international trademark registration procedures, industrial design registration procedures (for each industrial design) originating from Vietnam - excluding fees payable to the International Office |
2.000 |
2.000 |
|||
Article 2. Implementation Organization
1. This Circular takes effect from July 1, 2020.
2. During the process 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./.
DEPUTY MINISTER
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