VietnameseCircular No. 29/2009/TT-BTC of February 10, 2009, prescribing rates and the collection, remittance, management and use of the fee for grant of copyright and related rights certificates
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Circular No. 29/2009/TT-BTC of February 10, 2009, prescribing rates and the collection, remittance, management and use of the fee for grant of copyright and related rights certificates
| 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: | 29/2009/TT-BTC | Signer: | Do Hoang Anh Tuan |
| 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: | 10/02/2009 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Intellectual property , Policy , Tax - Fee - Charge , Information - Communications |
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THE MINISTRY OF FINANCE ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness --------- |
No. 29/2009/TT-BTC | Hanoi, February 10, 2009 |
CIRCULAR
PRESCRIBING RATES AND THE COLLECTION, REMITTANCE, MANAGEMENT AND USE OF THE FEE FOR GRANT OF COPYRIGHT AND RELATED RIGHTS CERTIFICATES
THE MINISTRY OF FINANCE
Pursuant to the Law on Intellectual Property and the Government’s Decree No. 100/2006/ND-CP of September 21, 2006, detailing and guiding the implementation of a number of articles of the Civil Code and the Law on Intellectual Property on copyright and related rights;
Pursuant to the Government’s Decree No. 57/2002/ND-CP of June 3, 2002, and Decree No. 24/2006/ND-CP of March 6, 2006, amending and supplementing a number of articles of the Government’s Decree No. 57/2002/ND-CP of June 3, 2002, detailing the implementation of the Ordinance on Fees and Charges;
Pursuant to the Government’s Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
After obtaining opinions of the Ministry of Culture, Sports and Tourism, the Ministry of Finance prescribes rates and the collection, remittance, management and use of the fee for grant of copyright and related rights certificates as follows:
Pursuant to the Government’s Decree No. 57/2002/ND-CP of June 3, 2002, and Decree No. 24/2006/ND-CP of March 6, 2006, amending and supplementing a number of articles of the Government’s Decree No. 57/2002/ND-CP of June 3, 2002, detailing the implementation of the Ordinance on Fees and Charges;
Pursuant to the Government’s Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
After obtaining opinions of the Ministry of Culture, Sports and Tourism, the Ministry of Finance prescribes rates and the collection, remittance, management and use of the fee for grant of copyright and related rights certificates as follows:
I. GENERAL PROVISIONS
When being granted copyright registration certificates or related rights certificates by state management agencies in charge of copyright protection, domestic and foreign organizations and individuals shall pay the fee specified in this Circular.
II. SPECIFIC PROVISIONS
1. Rates of the fee for grant of copyright and related rights certificates are specified as follows:
No. | Types of works | Fee rates (VND/certificate) |
I | Copyright registration | |
1 | a/ Literary and scientific works, textbooks, teaching materials and other works expressed in the form of written languages or other characters (collectively referred to as written works); b/ Lectures, discourses and other speeches; c/ Press works; d/ Musical works; e/ Photographical works. | 100,000 |
2 | a/ Architectural works; b/ Topographic graphic plans, diagrams, maps and drawings relating to scientific works. | 300,000 |
3 | a/ Plastic works; b/ Applied fine-arts works. | 400,000 |
4 | a/ Cinematographic works; b/ Dramatic works fixed on tapes and disks. | 500,000 |
5 | Computer programs, data compilations or computerized programs | 600,000 |
II | Related rights registration | |
1 | Performances fixed on: a/ Phonograms; b/ Video recordings; c/ Broadcasts. | 200,000 300,000 500,000 |
2 | Phonograms | 200,000 |
3 | Video recordings | 300,000 |
4 | Broadcasts | 500,000 |
2. The fee rates specified in Clause 1 of this Section apply to the grant of new copyright or related rights registration certificates. Applicants for renewed certificates shall pay 50% of these rates for relevant works.
3. Collecting agencies are not required to refund the fee for revoked or invalidated copyright or related rights registration certificates.
4. The state management agency in charge of copyright and related rights protection (the Copyright Office of Vietnam) defined in the Law on Intellectual Property collecting the fee for grant of copyright certificates under this Circular (here in after referred to as the fee-collecting agency) shall be responsible for registering, filing and remitting the collected fee amounts into the state budget under the Ministry of Finance’s Circular No. 63/2002/TT-BTC of July 24, 2002; Circular No. 45/2006/TT-BTC of May 25, 2006, amending and supplementing Ministry of Finance’s Circular No. 63/2002/TT-BTC of July 24, 2002, guiding legal provisions on fees and charges, and Circular No. 60/2007/TT-BTC of June 14, 2007, guiding the implementation of a number of articles of the Law on Tax Administration and guiding the implementation of the Government’s Decree No. 85/2007/ND-CP of May 25, 2007, detailing the implementation of a number of articles of the Law on Tax Administration.
5. The fee-collecting agency may retain 70% of the total collected fee amount to cover the following expenses for fee collection before remitting the remainder into the state budget:
5.1. Regular expenses for organizing the fee collection and setting up the reward and welfare funds for fee collectors under the Ministry of Finance’s Circular No. 63/2002/TT-BTC of July 24, 2002;
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