Circular 31/2020/TT-BTC amending Circular 263/2016/TT-BTC

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ATTRIBUTE

Circular No. 31/2020/TT-BTC dated May 04, 2020 of the Ministry of Finance on amending and supplementing a number of Articles of the Circular No. 263/2016/TT-BTC dated November 14, 2016 of the Minister of Finance on providing for rate, collection, remittance, management and use of industrial property fees and charges
Issuing body: Ministry of FinanceEffective date:
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Official number:31/2020/TT-BTCSigner:Vu Thi Mai
Type:CircularExpiry date:Updating
Issuing date:04/05/2020Effect status:
Known

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Fields:Industry , Tax - Fee - Charge

SUMMARY

Charge collector may retain 50% of the collected charge amount to serve its operation

On May 04, 2020, the Ministry of Finance promulgates the Circular No. 31/2020/TT-BTC on amending and supplementing a number of Articles of the Circular No. 263/2016/TT-BTC dated November 14, 2016 of the Minister of Finance on providing for rate, collection, remittance, management and use of industrial property fees and charges.

Accordingly, the charge collector may only retain 50% of the collected amount of charges to pay the costs serving its operation, instead of 85% of the collected charge amount as in previous regulations. The remaining 50% shall be remitted to the state budget as prescribed. Besides, the Ministry of Finance also adds the provision on charge for international registration of an industrial design having origin in Vietnam. Charge for international registration of a mark having origin in Vietnam, excluding charges must be paid to the international office is VND 02 million.

In addition, to supplement the provision on charges and fees for industrial property as follow: In case where international treaty to which Vietnam is a party contains provisions on industrial property fees different from this Circular, such treaty provisions shall be applied.

This Circular takes effect on July 01, 2020.

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Effect status: Known

THE MINISTRY OF FINANCE

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No. 31/2020/TT-BTC

THE SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

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Hanoi, May 04, 2020

 

                                             

CIRCULAR

On amending and supplementing a number of Articles of the Circular No. 263/2016/TT-BTC dated November 14, 2016 of the Minister of Finance on providing for rate, collection, remittance, management and use of industrial property fees and charges

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Pursuant to the Law on Charges and Fees dated November 25, 2015;

Pursuant to the Hague Agreement concerning the international registration of industrial designs;

Pursuant to the Government’s Decree No. 120/2016/ND-CP dated August 23, 2016 on detailing and guiding the implementation of a number of Articles of the Law on Charges and Fees;

Pursuant to the Government’s Decree No. 87/2017/ND-CP dated July 26, 2017 on defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

At the proposal of the Director of the Tax Policy Department;

The Minister of Finance hereby promulgates the Circular on amending and supplementing a number of Articles of the Circular No. 263/2016/TT-BTC dated November 14, 2016 on providing for rate, collection, remittance, management and use of industrial property fees and charges.

Article 1. To amend and supplement a number of Articles of the Circular No. 263/2016/TT-BTC dated November 14, 2016

1. To amend and supplement Clause 1, Article 4 as follows:

“1. Charges and fees for industrial property shall be collected according to the industrial property charge and fee Schedule attached to this Circular. In case where international treaty to which Vietnam is a party contains provisions on industrial property fees different from this Circular (except for fees particularly applicable to international registration of marks according to the Madrid Agreement designating Vietnam in Point 6.4, Section B of the industrial property charge and fee Schedule attached to this Circular), such treaty provisions shall be applied”.

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