فييت نام

MINISTRY OF FINANCE SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness

No.: 31/2020/TT-BTC Hanoi, May 04, 2020

CIRCULAR

AMENDMENTS TO CIRCULAR NO. 263/2016/TT-BTC DATED NOVEMBER 14, 2016 OF MINISTER OF FINANCE PRESCRIBING RATES, COLLECTION, MANAGEMENT AND USE OF INDUSTRIAL PROPERTY

FEES AND CHARGES

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

Pursuant to Hague Agreement Concerning the International Deposit of Industrial Designs;

Pursuant to the Government's Decree No. 120/2016/ND-CP dated August 23, 2016 detailing and guiding the implementation of a number of articles of the Law on fees and charges;

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

At the request of the Director General of the Department of Tax Policy;

The Minister of Finance promulgates a Circular providing amendments to the Circular No. 263/2016/TT-BTC dated November 14, 2016 of Minister of Finance prescribing rates, collection, management and use of industrial property fees and charges .

Article 1. Amendments to some Articles of Circular No. 263/2016/TT-BTC dated November 14, 2016

1. Clause 1 Article 4 is amended as follows:

“1. Industrial property fees and charges shall be paid as prescribed in the Schedule of fees and charges related to industrial property rights enclosed herewith. In cases where an international treaty to which Vietnam is a signatory provides for industrial property rights-related fees different from the ones prescribed in this Circular (except fees for international registration of trademarks under the Madrid Protocol in which Vietnam is designated as

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prescribed in Point 6.4 Section B of the Schedule of fees and charges related to industrial property rights enclosed herewith), the fees shall be paid according to that international treaty”.

2. Clause 2 Article 6 is amended as follows:

“2. Each collector shall retain 50% of total amount of collected fees for covering costs of rendering services and collecting fees according to Article 5 of the Government's Decree No. 120/2016/ND-CP dated August 23, 2016 elaborating the Law on Fees and Charges, and transfer the remaining amount of 50% of collected fees to state budget according to the current list of state budget entries”.

3. Point 6.2 Section B of the Schedule of fees and charges related to industrial property rights enclosed with the Circular No. 263/2016/TT-BTC is amended as follows:

No.

Industrial property rights- related fees/charges

Rate (VND thousand)

Invention (including utility solution)

Industrial design

Trademark Geographical indication

Layout design

of integrated circuits

6.2

Fees for international registration of trademarks, industrial designs (for each industrial design) originating in Vietnam – excluding fees payable to the International Bureau

2,000 2,000

Article 2. Implementation

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1. This Circular comes into force from July 01, 2020.

2. In the course of implementation of this Circular, if facing any difficulty , organizations and individuals should promptly inform the Ministry of Finance for its consideration and guidance./.

PP. MINISTER DEPUTY MINISTER

Vu Thi Mai