VietnameseCircular No. 263/2016/TT-BTC dated November 14, 2016 of the Ministry of Finance on fees and charges for industrial property and the collection, transfer, management and use thereof
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: | 263/2016/TT-BTC | Signer: | Vu Thi Mai |
| Type: | Circular | Expiry date: | Updating |
| Issuing date: | 14/11/2016 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Tax - Fee - Charge |
THE MINISTRY OF FINANCE
Circular No. 263/2016/TT-BTC dated November 14, 2016 of the Ministry of Finance on fees and charges for industrial property and the collection, transfer, management and use thereof
Pursuant to the Law on fees and charges dated November 25, 2015;
Pursuant to the Law on State budget dated June 25, 2015;
Pursuant to the Decree No. 120/2016/ND-CP dated August 23, 2016 by the Government providing guidance on the implementation of a number of articles of the Law on fees and charges;
Pursuant to the Decree No. 103/2006/ND-CP dated September 22, 2006 by the Government detailing and guiding the implementation of a number of articles of the Law on Intellectual property regarding industrial property and the Decree No. 122/2010/ND-CP dated December 31, 2010 by the Government amending and supplementing a number of articles of the Decree No. 103/2006/ND-CP.
Pursuant to Decree No. 215/2013/ND-CP dated December 23, 2013 by the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Finance;
At the request of the Director of the Tax Policy Department,
The Minister of Finance hereby promulgates the Circular on fees and charges for industrial property and the collection, transfer, management and use thereof.
Article 1. Scope of adjustment and subject of application
1. Scope of adjustment
This Circular provides for charges and/or fees for industrial property and the collection, transfer, management and use thereof.
2. Subject of application
This Circular applies to organizations/individuals applying for the protection of industrial property rights; regulatory bodies in charge of industrial property right protection and other organizations and individuals relevant to the collection and transfer of charges and/or fees of industrial property.
Article 2. Charge and/or fee payers
Vietnamese and foreign organizations and individuals applying for protection of industrial property rights shall pay charges and/or fees according to regulations in this Circular.
Article 3. Charge and/or fee collector
National Office of Intellectual Property providing protection of industrial property rights shall be in charge of collecting charges and/or fees of industrial property (hereinafter referred to as charge and/or fee collector).
Article 4. Charge and/or fee rates
1. Charges and/or fees for industrial property shall be collected according to the industrial property charge and/or fee schedule enclosed with this Circular.
2. Charges and/or fees specified in this Circular shall be collected in Vietnam dong, except for collection via the international offices of World Intellectual Property Organization (WIPO) which is in Swiss Franc (CHF) on the basis of the conversion from the amount collected in Vietnam dong according to the official exchange rates of the United Nations.
3. Organizations and individuals shall pay industrial property charges and/or fees directly or by post to the charge and/or fee collector or transfer the charges and/or fees payable to the account of the charge and/or fee collector.
For collection via the international offices of WIPO, charges and/or fees shall be transferred to the accounts of the collector opened at commercial banks or Vietnamese credit institutions.
Article 5. Declaration and transfer of charges and/or fees
1. Not later than the Monday of every week, fee collector shall transfer the collected fees of the previous week to the account for fees to be transferred to state budget which is opened at the State Treasury.
2. Charge and/or fee collector shall make monthly declaration of charges and/or fees and strike a balance of the collected charges and/or fees annually according to clause 3 Article 19 and transfer charges and/or fees to the State budget according to Clause 2 Article 26 of the Circular No. 156/2013/TT-BTC dated November 06, 2013 by the Minister of Finance guiding the implementation of a number of articles of the Law on Tax administration; Law on amendments to a number of the Law on Tax administration and the Decree No. 83/2013/ND-CP dated July 22, 2013 by the Government.
Article 6. Management and use of fees and charges
1. Charge collector shall transfer the whole amount of collected charges to the state budget according to the applicable State Budget Index.
2. Fee collector may retain 85% (eighty five percents) of the collected amount of fees before transferring money to the state budget to pay the costs serving its operation according to Article 5 of Decree No. 120/2016/ND-CP dated August 23, 2016 by the Government.
The remaining amount (15%) shall be transferred to the state budget according to the applicable State Budget Index.
Article 7. Implementationorganization
1. This Circular takes effect on January 01, 2017 and replaces the Circular No. 22/2009/TT-BTC dated February 04, 2009 by the Minister of Finance and clause 1 Article 1 of Circular No. 152/2013/TT-BTC dated October 29, 2013 by the Minister of Finance.
2. If an application regarding industrial property submitted before the effective date of this Circular which has not been processed and for which charges and/or fees have not been paid is now requested to be processed, charges and/or fees prescribed in this Circular shall be paid when it has been handled.
3. Activities relevant to the collection, transfer, management and use of charges and/or fees of industrial property which are not specified in this Circular shall comply with the Law on fees and charges; the Decree No. 120/2016/ND-CP dated August 23, 2016 by the Government detailing and guiding the implementation of a number of articles of the Law on fees and charges; the Circular No. 156/2013/TT-BTC dated November 06, 2013 by the Ministry of Finance guiding the implementation of a number of articles of the Law on Tax administration; Law on amendments to the Law on Tax administration and the Decree No. 83/2013/ND-CP dated July 22, 2013 by the Government; the Circular of the Minister of Finance guiding the printing, issuance, management and use of invoices of collection of fees and charges belonging to the state budget and their amending and replacing documents (if any).
4. Organizations and individuals subject to paying charges and/or fees and relevant agencies are responsible for implementing this Circular. Any difficulties arising in the course of implementation of this Circular should be reported to the Ministry of Finance for consideration and guidance./.
For the Minister
The Deputy Minister
Vu Thi Mai
INDUSTRIAL PROPERTY FEE AND CHARGE SCHEDULE
(To attach with Circular No. 263/2016/TT-BTC dated November 14, 2016 by the Ministry of Finance)
No. | List of industrial property fees and charges | Rates (thousand VND) | ||||
Inventions (including utility solutions) | Industrial design | Marks | Geographical indication | Layout designs of integrated circuits | ||
A. Industrial property fees | ||||||
1 | Fees for filing applications for registration of protection of industrial property rights | |||||
1.1 | Fees for filing application (including applications for separation or transfer of ownership) | 150 | ||||
1.2 | Fees for extension of time limit for response to the notification of the charge and fee collector (for each time of permission for extension) | 120 | ||||
2 | Fees for issuance of Protection certificates and certificates of registration of industrial property right assignment contracts | |||||
2.1 | Fee for issuance of protection certificates | 120 | ||||
| - If the patent application regards more than 1 independent point of protection application, the industrial design application regards more than 01 plan for each product or the mark application regards more than 01 group of products/services, then from the second point/plan/group, fees for each independent point/plan/group shall be paid | 100 | 100 | 100 |
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2.2 | Fee for issuance of Certificates of registration of industrial property right transfer contracts | 120 | ||||
3 | Fees for maintenance, extension, invalidation or annulment of Certificates of industrial property right protection | |||||
3.1 | Fees for maintenance of validity of patents for inventions or utility solutions or fees for extension of validity term of mark protection certificates (regarding patents for inventions or utility solutions (for each year): applicable to independent point of protection application; regarding mark (10 years): applicable each group of products/services; regarding industrial designs (5 years): applicable to each design of each product) | 100 | 100 | 100 |
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|
3.2 | Fee for late maintenance/extension of validity term (applicable to each month of late submission) | 10% of the fee for maintenance/extension |
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| ||
3.3 | Fee for application for invalidation/annulment of protection certificates | 50 | ||||
4 | Fees for issuance of industrial property representation service practice certificates and declaration and registration of industrial property representative | |||||
4.1 | Fees for issuance of industrial property representation service practice certificates | 200 | ||||
4.2 | Fee for publication of decisions on issuance of industrial property representation service practice certificates; decisions on deletion of industrial property representative, decisions on addition/deletion of industrial property representation service providers (including the modification of information about industrial property representatives) | 150 | ||||
4.3 | Fee for registration of decisions on issuance of industrial property representation service practice certificates (including the modification of information); decisions on deletion of industrial property representative, decisions on addition/deletion of industrial property representation service providers (including the modification of information about industrial property representatives) | 150 | ||||
B. Industrial property charges | ||||||
1 | Charges for industrial property assessment | |||||
1.1 | Charge for assessment of industrial property applications; applications for reduction of protection scope; for complaint handling (for inventions: applicable to each independent point of the protection application, for industrial designs: applicable to each design of each product, for marks: applicable to each group with up to 6 products/services, for geographical indications and/or layout designs of integrated circuits: applicable to each application) Regarding inventions: charges for assessment of the appearance shall be equivalent to 20% of the revenue, charges for assessment of contents shall be equivalent to 80% of the revenue | 900 | 700 | 550 | 1200 | 180 |
| - If the invention description contains more than 6 pages, the mark application contains more than 6 products/services in a group, an additional charges shall be paid for each further product/service | 40 |
| 120 |
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| - Charge for international classification of inventions/industrial designs (applicable to each sub-heading); of products/services for marks (applicable to each group of not exceeding 6 products/services) | 100 | 100 | 100 |
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| + For a group of more than 6 products/services, an additional charge shall be paid for each further product/service |
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| 20 |
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1.2 | Charge for assessment of application for priority right (applicable to each application) | 600 | 600 | 600 |
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1.3 | Charge for assessment of application for modification of the industrial property registration application (applicable to each content subject to modification of each application) - except modification according to the protection certificate issued oversea at the request of the charge collector | 160 | 160 | 160 | 160 | 160 |
1.4 | Charge for assessment of the application for transfer of an application (applicable to each application subject to transfer) | 160 | 160 | 160 |
| 160 |
1.5 | Charge for assessment of the application for registration of transfer of industrial property right (applicable to each protection certificate) | 230 | 230 | 230 |
| 230 |
1.6 | Charge for assessment of the application for extension, maintenance or modification of a protection certificate; extension or invalidation of a industrial property right to enjoyment transfer contract (applicable to each protection certificate); the recording of modification of information about industrial property representative relevant to industrial property subjects to National register; the modification of the certificate of the transfer of a contract on right to enjoyment of industrial property subjects, including the modification of transfer scope, extension of duration (applicable to each protection certificate related to the modified content) and other modification (applicable to each certificate of transfer of right to enjoyment) | 160 | 160 | 160 | 160 | 160 |
1.7 | Charge for assessment of the application for invalidation of protection certificate (applicable to each protection certificate) | 180 | 180 | 180 | 180 | 180 |
1.8 | Charge for assessment of the application for annulment of a protection certificate (applicable to each protection certificate) | 390 | 390 | 390 | 390 | 390 |
1.9 | Charge for assessment of the dossier of inspection of industrial property representative profession and/or industrial property examination profession (applicable to each profession) | 300 | ||||
1.10 | Charge for the rechecking of the inspection results of industrial property representative profession and/or industrial property examination profession (applicable to each profession) | 150 | ||||
1.11 | Charge for assessment of the application for an industrial property representative service practice certificate, an industrial property verifier’s license, a Certificate of assessing organization of industrial property, an application for deletion of an industrial property representative, an application for addition/deletion of the name of an industrial property representative service provider or an industrial property verifying organization (including the modification of information about industrial property representative) | 250 | ||||
2 | Charges for handling of disapproval of applications related to industrial property | |||||
| Charge for handling of disapproval of the issuance of a protection certificate to a third party (for the marks: applicable to each group, for industrial designs: applicable to each design of each product, for inventions/utility solutions: applicable to each independent points, for geographical indications and designs: applicable to each application) | 550 | 550 | 550 | 550 | 550 |
3 | Charges for search and supply of information about industrial property | |||||
| Charge for search of information to serve the assessment and handling of complaints and other activities within their responsibility (for marks: applicable to each group of 6 products/services, for industrial designs: applicable to each design of product, for inventions: applicable to each independent point of the protection application, for geographical indications: applicable to each application); the search for associated marks serving the assessment of applications for registration of a contract of industrial ownership transfer (applicable to each protection certificate) | 600 | 480 | 180 | 180 |
|
| - If the searching subject is a mark containing more than 6 products/services in a group, an additional charges shall be paid for each further product/service |
|
| 30 |
|
|
4 | Charges for declaration and registration of information about industrial property | |||||
4.1 | Charge for declaration of information about industrial property | 120 | 120 | 120 | 120 | 120 |
| - If an application contains more than 1 figure, an additional charge shall be paid for each further figure | 60 | 60 |
|
| 60 |
| - If the invention description consists of more than 6 pages, an additional charge shall be paid for each further page | 10 |
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4.2 | Charge for registration of information about industrial property | 120 | 120 | 120 | 120 | 120 |
5 | Charges for use of protection certificates | |||||
5.1 | Charge for use of protection certificates: for inventions/utility solutions: applicable to each independent point of the protection application in each year, for marks: applicable to each group of products/services in each 10 years, for industrial designs: applicable to each design of each product in 5 years |
| 700 | 700 |
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| - 1styear or 2ndyear, applicable to inventions or utility solutions | 300 |
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| - 3rdyear or 4thyear, applicable to inventions or utility solutions | 500 |
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| - 5thyear or 6thyear, applicable to inventions or utility solutions | 800 |
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| - 7thyear or 8thyear, applicable to inventions or utility solutions | 1200 |
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| - 9thyear or 10thyear, applicable to inventions or utility solutions | 1800 |
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| - 11thyear to 13thyear, applicable to inventions or utility solutions | 2500 |
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| - 14thyear to 16thyear, applicable to inventions or utility solutions | 3300 |
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| - 17thyear to 20thyear, applicable to inventions or utility solutions | 4200 |
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6 | Charges for assessment of international registration of industrial property | |||||
6.1 | Charge for preliminary inspection of the appearance of the application for international invention property to submit it to the international office and the international searching authority | 300 |
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6.2 | Charge for international registration of a mark having origin in Vietnam, excluding charges must be paid to the international office |
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| 2000 |
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6.3 | Charge for assessment of the modification, transfer, extension, territorial expansion, limitation of the list of products or the invalidation or annulment of a mark having origin in Vietnam which is internationally registered |
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| 1000 |
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6.4 | Charge particularly applicable to international registration of mark according to the Madrid Protocol designating Vietnam |
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| - Charge for assessment of invoices, applicable to each group of products of services |
|
| 3600 |
|
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| - Charge for assessment of application for extension, applicable to each group of products of services |
|
| 3200 |
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VIETNAMESE DOCUMENTS
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ENGLISH DOCUMENTS
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