VietnameseCircular No. 132/2004/TT-BTC dated December 30, 2004 of the Ministry of Finance guiding the collection, remittance, management and use of industrial property charges and fees
ATTRIBUTE
| Issuing body: | Ministry of Finance | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 132/2004/TT-BTC | Signer: | Truong Chi Trung |
| Type: | Circular | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 30/12/2004 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Industry , Tax - Fee - Charge |
THE MINISTRY OF FINANCE | SOCIALIST REPUBLIC OF VIET NAM |
No. 132/2004/TT-BTC | Hanoi, December 30, 2004 |
CIRCULAR
GUIDING THE COLLECTION, REMITTANCE, MANAGEMENT AND USE OF INDUSTRIAL PROPERTY CHARGES AND FEES
Pursuant to the Government's Decree No. 57/2002/ND-CP of June 3, 2002, detailing the implementation of the Ordinance on Charges and Fees;
Pursuant to the Government's Decree No. 63/CP of October 24, 1996, stipulating in detail industrial property and Decree No. 06/2001/ND-CP of February 1, 2001 amending and supplementing a number of articles of the Government's Decree No. 63/CP of October 24, 1996;
Pursuant to the Government's Decree No. 42/2003/ND-CP of May 2, 2003 on protection of industrial property rights over layout designs of semi-conductor integrated circuits;
The Finance Ministry hereby guides the collection, remittance, management and use of industrial property charges and fees as follows:
I. SUBJECTS OF APPLICATION:
Vietnamese or foreign organizations and individuals, that file applications requesting the state management agencies in charge of intellectual property to perform jobs or provide services of protecting industrial property rights specified in the Table of industrial property charge and fee rates promulgated together with this Circular, shall have to pay charges and fees according to the provisions of this Circular.
II. CHARGE AND FEE RATES
1. The industrial property charge and fee rates are specified in the Table of industrial property charge and fee rates, promulgated together with this Circular.
2. The charge and fee rates specified in the Table of industrial property charge and fee rates, promulgated together with this Circular, are already inclusive of all related expenses, such as:
III. ORGANIZATION OF COLLECTION, REMITTANCE, MANAGEMENT AND USE OF INDUSTRIAL PROPERTY CHARGES AND FEES
1. Agencies organizing the charge and fee collection:
The state management agencies in charge of intellectual property are responsible for organizing the collection, remittance and management of charges and fees according to the provisions of this Circular (hereinafter referred to as the charge and fee collecting agencies for short).
2. Procedures for charge and fee collection and remittance:
a/ Charge and fee payers shall have to pay in lump-sum the payable charge and fee amounts at the rates specified in the Table of charge and fee rate promulgated together with this Circular upon filing applications and dossiers requesting the charge and fee collecting agencies to perform charged jobs or provide charged services.
b/ When paying charges and fees, payers may request the charge and fee collecting agencies to make and issue charge and fee receipts for the collected charge and fee amounts to them, accurately stating actually paid amounts.
Vietnam dong.
d/ The charge and fee collecting agencies may open "charge and fee custody accounts" at the state treasury offices where charges and fees are collected and remitted for monitoring and managing the collected charge and fee amounts; and make daily lists of, and temporarily deposit such charge and fee amounts into the charge and fee custody accounts, and organize separate accounting of such revenues according to the accounting regime applicable to administrative and non-business units having revenues.
3. Management and use of charges and fees
(i) Payment of salaries or wages, allowances, remunerations, salary or wage-based contributions for their employees according to current regulations, provided that the minimum salary level to be paid must not exceed the minimum salary set by the State for non-business units having revenues;
(ii) Expenses for repair and maintenance of assets, working machines, equipment and facilities; expenses for purchase of technologies, including the right to use technologies protected as intellectual property; expenses for the establishment, management and exploitation of a network of intellectual property databases;
(iii) Expenses for procurement of such supplies and materials as stationery and office supplies; telephone, electricity, water and vehicle fuel charges; working mission and public duty allowances; and other expenses for printing and purchase of forms, certificates and protection titles and other publications;
(iv) Expenses for hiring of services from outside in service of the management and development of operations, such as: lease of material foundations, working offices, hire of full-time professionals, hire of services of reference, supply of information and examination of inventions by national or international intellectual property offices;
(v) Expenses for courses of domestic and overseas training and fostering in intellectual property professional skills; expenses for dissemination, propagation and guidance of laws, policies, strategies, plannings and plans on intellectual property; expenses for formulation and realization of projects and schemes, which are assigned as regular research tasks for developing the intellectual property system and raising professional qualifications and skills of intellectual property personnel;
for providing services for the settlement of intellectual property disputes, complaints and lawsuits, and intellectual property-related trade disputes and lawsuits;
(vii) Appropriations for setting up reward and welfare funds for their officials and employees under the guidance in the Finance Ministry's Circular No. 63/2002/TT-BTC of July 24, 2002 guiding the implementation of charges and fees stipulated by laws.
IV. ORGANIZATION OF IMPLEMENTATION
1. The provincial/municipal Tax Departments shall have to guide, urge and inspect the observance of the guidance in this Circular and current provisions of law on charges and fees by the charge and fee collecting agencies.
2. The charge and fee collecting agencies shall have the responsibilities:
a/ To make annual revenue and expenditure estimates together with their financial revenue and expenditure estimates in strict compliance with the guidance at Point 4, Part C, Section III of the Finance Ministry's Circular No. 63/2002/TT-BTC of July 24, 2002 guiding the implementation of charges and fees stipulated by laws;
b/ To register, declare, collect, remit and settle charges and fees; to account charges and fees and publicize the charge and fee regime in strict compliance with the guidance in Parts C, D and E, Section IV of the Finance Ministry's Circular No. 63/2002/TT-BTC of July 24, 2002 guiding the implementation of charges and fees stipulated by laws.
3. This Circular takes effect 15 days after its publication in "CONG BAO," applies to applications for intellectual property protection as from its effective date, and replaces the Finance Ministry's Circular No. 23-TC/TCT of May 9, 1997, guiding the collection, remittance and use of intellectual property charges and fees.
Charge and fee payers who have fully paid payable charge and fee amounts in strict compliance with charges and fees stipulated by laws shall neither have the positive difference refunded nor be subject to retrospective collection of the negative difference between old and new charge and fee rates.
For protection applications filed before the effective date of this Circular, for which charged jobs or services have not yet been completed and charges and fees have not yet been paid, such charges and fees shall be paid at the rates specified in this Circular if such jobs or services are requested and performed.
4. The settlement of complaints and denunciations about acts of violating law on charges and fees shall comply with the current provisions of law on complaints and denunciations; commendation and handling of violations of law on charges and fees shall comply with current provisions of law on charges and fees.
Any problems arising in the course of implementation should be promptly reported by organizations and individuals to the Finance Ministry for study and solution.
| FOR THE FINANCE MINISTER |
TABLE OF INDUSTRIAL PROPERTY CHARGES AND FEES
(Promulgated together with the Finance Ministry's Circular No. 132/2004/TT-BTC of December 30, 2004)
No. | LIST OF INDUSTRIAL PROPERTY CHARGES AND FEES | CHARGE AND FEE RATES (VND 1,000) | |||||
Invention | Utility solution | Industrial design | Trademark | Appellation of origin of goods | Layout design of integrated circuit | ||
A. INDUSTRIAL PROPERTY FEES | |||||||
1 | Fees for filing of applications for protection titles and registration of industrial property right transfer contracts | ||||||
1.1 | Application filing fee (for trademark for each group which consists of up to 6 products/services, for industrial design for each option, or for invention/utility solution for each independent point of protection request) | 150 | 150 | 150 | 150 | 150 | 150 |
| - For trademark applications for groups which consist of more than 6 products/services each, an additional fee shall be paid for every product/service from the 7th one |
|
|
| 25 |
|
|
| - For descriptions of inventions/utility solutions which consist of more than 5 pages each, an additional fee shall be paid for every page from the 6th one | 10 | 10 |
|
|
|
|
1.2 | Fee for requests for enjoyment of priority right (for each application/request) | 500 | 500 | 500 | 500 |
|
|
1.3 | Fee for requests for amendments to applications, including requests for supplementation, splitting, transfer or conversion (for each application) | 100 | 100 | 100 | 100 | 100 | 100 |
1.4 | Fee for filing dossiers for registration of industrial property right transfer contracts (for each object) | 100 | 100 | 100 | 100 |
| 100 |
1.5 | Fee for filing dossiers requesting the grant of non-voluntary licenses (for each object) | 500 | 500 | 500 |
|
|
|
1.6 | Fee for filing applications for prolongation of the time limit for amending or supplementing documents (each time) | 100 | 100 | 100 | 100 | 100 | 100 |
2 | Fees for grant of protection titles and certificates of registration of industrial property right transfer contracts | ||||||
2.1 | Fee for grant of protection titles, certificates of registration of industrial property right transfer contracts | 100 | 100 | 100 | 100 | 100 | 100 |
2.2 | Fee for amendment of protection titles | 100 | 100 | 100 | 100 | 100 | 100 |
2.3 | Fee for issuance of decisions on compulsory grant of non-voluntary licenses | 300 | 300 | 300 |
|
|
|
3 | Fees for maintenance and extension of validity of industrial property right protection titles | ||||||
3.1 | Fee for maintenance of validity of protection titles (for each year) - for each independent point of protection requests |
|
|
|
|
|
|
| - The 1st year; the 2nd year | 250 | 250 |
|
|
|
|
| - The 3rd year; the 4th year | 400 | 400 |
|
|
|
|
| - The 5th year; the 6th year | 650 | 650 |
|
|
|
|
| - The 7th year; the 8th year | 1,000 | 1,000 |
|
|
|
|
| - The 9th year; the 10th year | 1,500 | 1,500 |
|
|
|
|
| - The 11th year to the 13th year | 2,100 |
|
|
|
|
|
| - The 14th year to the 16th year | 2,750 |
|
|
|
|
|
| - The 17th year to the 20th year | 3,500 |
|
|
|
|
|
3.2 | Fee for restoration of validity of protection tiles | 1,000 | 1,000 |
|
|
|
|
3.3 | Fee for extension of validity of protection titles (for trademark for each group of products/services, for industrial design for each option of each product) |
|
| 450 | 450 |
|
|
3.4 | Fee for late maintenance/extension of validity (for each month of late filing) | 10% of maintenance/extension fee |
|
| |||
3.5 | Fee for invalidation or cancellation of validity of protection titles | 150 | 150 | 150 | 150 | 150 | 150 |
4 | Fees for publicization of industrial property information | ||||||
4.1 | Fee for publicization of applications, including amended applications | 100 | 100 | 100 | 100 | 100 | 100 |
| - For applications which contain more than one pictures each, an additional fee shall be paid for each picture from the second one | 50 | 50 | 50 |
|
| 50 |
4.2 | Fee for registration of protection titles (including amended ones) and certificates of registration of industrial property right transfer contracts | 100 | 100 | 100 | 100 | 100 | 100 |
| - For those which contain more than one pictures each, an additional fee shall be paid for each picture from the second one | 50 | 50 | 50 |
|
| 50 |
4.3 | Fee for publicization of decisions on grant, amendment or extension of protection titles, grant of certificates of registration of industrial property right transfer contracts | 100 | 100 | 100 | 100 | 100 | 100 |
| - For those which contain more than one pictures each, an additional fee shall be paid for each picture from the second one | 50 | 50 | 50 |
|
| 50 |
5 | Fees for registration of industrial property representatives | ||||||
5.1 | Fee for registration of industrial property representatives (for each individual) | 100 | |||||
5.2 | Fee for registration of industrial property representing service organizations (for each organization) | 150 | |||||
B. INDUSTRIAL PROPERTY CHARGES | |||||||
6 | Charges for industrial property examination, appraisal and expertise | ||||||
6.1 | Charges for examination of contents of applications (for trademark for each group which consists of up to 6 products/services, for industrial design for each option of each product, or for invention/utility solution for each independent point of protection request) - exclusive of information reference charge | 350 | 300 | 250 | 250 | 250 |
|
| - For applications of trademarks for groups which consist of more than 6 products/services each, an additional fee shall be paid for each product/service from the 7th one |
|
|
| 50 |
|
|
| - For invention/utility solution applications requesting the examination of contents are filed late, a fee for late filing must be paid | 200 | 200 |
|
|
|
|
6.2 | Charge for appraisal of dossiers for registration of industrial property right transfer contracts (for each object) – exclusive of fee for reference to consolidated trademarks | 150 | 150 | 150 | 150 |
| 150 |
6.3 | Charge for appraisal of dossiers of application for non-voluntary licenses (for each object) | 1,000 | 1,000 | 1,000 |
|
|
|
6.4 | Charge for legal examination and expertise of industrial property (for trademark for each group which consists of up to 6 products/services, for industrial design for each option of each product, or for invention/utility solution for each independent point of protection request) - exclusive of information reference and supply charge | 350 | 300 | 250 | 250 | 250 | 150 |
| - For applications of trademarks for groups which consist of more than 6 products/services each, an additional charge shall be paid for each product/service from the 7th one |
|
|
| 50 |
|
|
6.5 | Charge for examinations of industrial property representatives' qualifications (for each examined subject) | 200 | |||||
6.6 | Charge for re-examination of results of examinations of industrial property representatives' qualifications (for each re-examined subject) | 100 | |||||
7 | Charges for provision of services for settling industrial property complaints | ||||||
7.1 | Charge for information consultation | At the rate specified in Section 8 of this Table | |||||
7.2 | Charge for legal examination, appraisal and expertise of industrial property | At the rates specified in Sections 6.1 thru 6.4 of this Table | |||||
8 | Charges for consultation and supply of information on industrial property | ||||||
8.1 | Charge for consultation of information in service of examination, appraisal and expertise and other jobs within the ambit of responsibility (for trademark for each group which consists of up to 6 products/services, for industrial design for each option of each product, or for invention/utility solution for each independent point of protection request) | 100 | 100 | 100 | 50 | 50 |
|
| - For applications of trademarks for groups which consist of more than 6 products/services each, an additional charge shall be paid for each product/service from the 7th one |
|
|
| 20 |
|
|
8.2 | Charge for consultation of consolidated trademarks in service of appraisal of dossiers for registration of industrial property right transfer contracts (for each trademark) |
|
|
| 50 |
|
|
9 | Charges for grant of copies or duplicates, or re-grant of industrial property documents | ||||||
9.1 | Charge for grant of duplicates or re-grant of protection titles | 100 | 100 | 100 | 100 | 100 | 100 |
9.2 | Charge for grant of copies of documents distributed or kept by the National Office of Intellectual Property (the first page) | 10 | 10 | 10 | 10 | 10 | 10 |
| - For each page from the second one, an additional charge shall be collected | 5 | 5 | 5 | 5 | 5 | 5 |
9.3 | Charge for duplication of international applications (for each page) | 5 |
|
|
|
|
|
9.4 | Charge for certification of international registration of trademarks which are valid in Vietnam (for each international registration) |
|
|
| 50 |
|
|
10 | Charges for compilation and filing of applications for international registration of industrial property | ||||||
10.1 | Charge for filing international applications – exclusive of charges payable to the international office | 500 |
|
|
|
|
|
10.2 | Charge for carrying out procedures for international registration of trademarks – exclusive of charges payable to the international office |
|
|
| 1,500 |
|
|
10.3 | Charge for amendment or transfer of internationally registered trademarks of Vietnamese origin |
|
|
| 750 |
|
|
10.4 | Charge for service of supplying documents requesting the certification of priority rights | 50 | 50 | 50 | 50 |
|
|
| - For each page from the second one, an additional charge shall be collected | 5 | 5 | 5 | 5 |
|
|
VIETNAMESE DOCUMENTS
Circular 132/2004/TT-BTC DOC (Word)This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here
ENGLISH DOCUMENTS
Circular 132/2004/TT-BTC DOC (Word)This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here
