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MINISTRY OF
FINANCE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No: 169/2016/TT-BTC
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Hanoi, October
26, 2016
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CIRCULAR
REGULATION ON
COLLECTION, PAYMENT, MANAGEMENT AND USE OF FEES FOR ASSESSMENT OF TECHNOLOGY
TRANSFER AGREEMENTS
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 Law on Technology Transfers
dated November 29, 2006;
Pursuant to the Government’s Decree
No.133/2008/ND-CP dated December 31, 2008 detailing and guiding a number of
Articles of the Law on Technology Transfer; Decree No.120/2014/ND-CP dated
December 17, 2014 on amendment and supplement to a number of Articles of the
Decree No.133/2008/ND-CP dated December 31, 2008;
Pursuant to the Government’s Decree No.
120/2016/ND-CP dated August 23, 2016 detailing and guiding application of a
number of Articles of the Law on Fees and Charges;
Pursuant to the Government's Decree No.
215/2013/ND-CP dated December 23, 2013 defining the functions, rights,
obligations and organizational structure of the Ministry of Finance;
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The Minister of Finance hereby issues this
Circular specifying regulation on collection, payment, management and use of
fees for assessment of technology transfer agreements.
Article 1. Scope and subject of application
1. Scope of application
This Circular specifies regulation on collection,
payment, management and use of fees for assessment of technology transfer
agreements.
2. Subject of application
This Circular applies to domestic and overseas
applicants for assessment of technology transfer agreements, State regulatory
authorities that have the power to assess technology transfer agreements and
other relevant entities engaging in collection and payment of fees for
assessment of technology transfer agreements.
Article 2. Payers
Domestic and overseas applicants for certificates
of registration of technology transfer agreements, approval for technology
transfer and license for transfer of technologies that are specified in the
list of technologies of which transfer is restricted (hereinafter referred to
as “the List”) under the Government’s Decree No. 133/2008/ND-CP dated December
31, 2008 detailing and guiding implementation of a number of articles of the
Law on Technology Transfer, Decree No.120/2014/ND-CP dated December 17, 2014 on
amendment and supplement to a number of Article of the Decree No.133/2008/ND-CP
dated December 31, 2008 shall pay fees for assessment of technology transfer
agreements under provisions hereof.
Article 3. Fee collectors
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Article 4. Amount of fees
The amount of fees for assessment of technology
transfer agreement shall be specified as follows:
1. The amount of fees for
assessment of technology transfer agreements for registration:
a) The amount of fee for assessment of a technology
transfer agreement that is initially registered shall be equal to 0.1 % of the
total value of that agreement but not exceeding 10 million and not less than 05
million dong.
a) The mount of fee for assessment of a technology
transfer agreement that is registered for amendment and supplement shall be
equal to 0.1 % of the total value of the amended/supplemented agreement but not
exceeding 05 million and not less than 03 million dong.
2. The amount of fees for assessment
of agreements on transfer of restricted technologies on the List:
a) Fee for assessment for approval for technology
transfer is 10 million dong.
b) Fee for assessment of a technology transfer
agreement for issuance of the license for technology transfer shall be
determined in accordance with point a clause 1 of this Article.
Article 5. Fee declaration and transfer
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2. The collector shall monthly
declare collected fees and annually finalize such fees in accordance with
clause 3 Article 19 of the Circular No.156/2013/TT-BTC dated November 06, 2013
by the Minister of Finance guiding application of a number of Articles of the
Law on Tax Administration; Law on amendment and supplement of a number of
Article of the Law on Taxation and the Government’s Decree No.83/2013/ND-CP
dated July 22, 2013.
Article 6. Management and use of fees
1. Collectors shall transfer
all collected fees to the State budget according the current state budget index
system. Funding for assessment and fee collection activities is included in the
collector’s estimation by the state budget according to the expenditure quota
of the State budget under regulations of laws.
2. Where a fee collector's
operating cost is set by the Government or Prime Minister in accordance with
regulations on autonomy regime for use of payroll and management of
administrative budget by the State authorities:
a) That collector shall be entitled to retain 70%
of the total collected fee to recover expenses for the following assessment and
collection activities as stipulated in clause 2 d 5 of the Decree
No.120/2016/ND-CP dated August 23, 2016 detailing and guiding a number of
articles of the Law on Fees and Charges:
- Testing and assessment of
technologies prescribed in the technology transfer agreements;
- Employment testers,
assessors and specialists who take charge of preparing assessment reports and
giving comments;
- Organization of Board of
Assessment’s meetings in relation to assessment of technology transfer
agreements.
b) The collector shall transfer 30% of the total
collected fee to the State budget according to the current State budget index.
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1. This Circular enters into
force from January 01, 2017 and replaces the Circular No.200/2009/TT-BTC on
collection, payment, management and use of fees for assessment of technology
transfer agreements dated October 15, 2009 by the Minister of Finance.
2. Any aspect concerning
collection, payment, management and use of assessment fees not mentioned herein
shall conform to the Law on Fees and Charges; the Government’s Decree
No.120/2016/ND-CP dated August 23, 2016 detailing and guiding the
implementation of a number of Article of the Law on Fees and Charges; Circular
No.156/2013/TT-BTC dated November 06, 2013 by the Ministry of Finance guiding
application of a numbers of Articles of the Law on Tax Administration and the
Government’s Decree No.83/2013/ND-CP dated July 22, 2013; and the Circular on
guideline for printing, publication, management and use of fee and charge
collection documentation.
3. Fee payers and relevant
agencies shall be responsible for the implementation of this Circular. Any
issue arising in connection to the implementation of this Circular should be
promptly reported to the Ministry of Finance. /.
PP. MINISTER
DEPUTY MINISTER
Vu Thi Mai
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