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THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom – Happiness
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No.
132/2004/TT-BTC
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Hanoi,
December 30, 2004
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CIRCULAR
GUIDING THE COLLECTION, REMITTANCE, MANAGEMENT AND USE OF
INDUSTRIAL PROPERTY CHARGES AND FEES
Pursuant to the Government's
Decree No. 57/2002/ND-CP of June 3, 2002, detailing the implementation of the
Ordinance on Charges and Fees;
Pursuant to the Government's Decree No. 63/CP of October 24, 1996, stipulating
in detail industrial property and Decree No. 06/2001/ND-CP of February 1, 2001
amending and supplementing a number of articles of the Government's Decree No.
63/CP of October 24, 1996;
Pursuant to the Government's Decree No. 42/2003/ND-CP of May 2, 2003 on
protection of industrial property rights over layout designs of semi-conductor
integrated circuits;
The Finance Ministry hereby guides the collection, remittance, management and
use of industrial property charges and fees as follows:
I. SUBJECTS
OF APPLICATION:
Vietnamese or foreign
organizations and individuals, that file applications requesting the state
management agencies in charge of intellectual property to perform jobs or
provide services of protecting industrial property rights specified in the
Table of industrial property charge and fee rates promulgated together with
this Circular, shall have to pay charges and fees according to the provisions
of this Circular.
II. CHARGE
AND FEE RATES
1. The industrial property
charge and fee rates are specified in the Table of industrial property charge
and fee rates, promulgated together with this Circular.
2. The charge and fee rates
specified in the Table of industrial property charge and fee rates, promulgated
together with this Circular, are already inclusive of all related expenses,
such as:
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1. Agencies organizing the
charge and fee collection:
The state management agencies in
charge of intellectual property are responsible for organizing the collection,
remittance and management of charges and fees according to the provisions of
this Circular (hereinafter referred to as the charge and fee collecting
agencies for short).
2. Procedures for charge and fee
collection and remittance:
a/ Charge and fee payers shall
have to pay in lump-sum the payable charge and fee amounts at the rates
specified in the Table of charge and fee rate promulgated together with this
Circular upon filing applications and dossiers requesting the charge and fee
collecting agencies to perform charged jobs or provide charged services.
b/ When paying charges and fees,
payers may request the charge and fee collecting agencies to make and issue
charge and fee receipts for the collected charge and fee amounts to them,
accurately stating actually paid amounts.
Vietnam
dong.
d/ The charge and fee collecting
agencies may open "charge and fee custody accounts" at the state
treasury offices where charges and fees are collected and remitted for
monitoring and managing the collected charge and fee amounts; and make daily
lists of, and temporarily deposit such charge and fee amounts into the charge
and fee custody accounts, and organize separate accounting of such revenues
according to the accounting regime applicable to administrative and
non-business units having revenues.
3. Management and use of charges
and fees
(i) Payment of
salaries or wages, allowances, remunerations, salary or wage-based
contributions for their employees according to current regulations, provided
that the minimum salary level to be paid must not exceed the minimum salary set
by the State for non-business units having revenues;
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(iii) Expenses for procurement
of such supplies and materials as stationery and office supplies; telephone,
electricity, water and vehicle fuel charges; working mission and public duty
allowances; and other expenses for printing and purchase of forms, certificates
and protection titles and other publications;
(iv) Expenses for hiring of
services from outside in service of the management and development of
operations, such as: lease of material foundations, working offices, hire of
full-time professionals, hire of services of reference, supply of information
and examination of inventions by national or international intellectual
property offices;
(v) Expenses for courses of
domestic and overseas training and fostering in intellectual property
professional skills; expenses for dissemination, propagation and guidance of
laws, policies, strategies, plannings and plans on intellectual property;
expenses for formulation and realization of projects and schemes, which are assigned
as regular research tasks for developing the intellectual property system and
raising professional qualifications and skills of intellectual property
personnel;
for
providing services for the settlement of intellectual property disputes,
complaints and lawsuits, and intellectual property-related trade disputes and
lawsuits;
(vii) Appropriations for setting
up reward and welfare funds for their officials and employees under the
guidance in the Finance Ministry's Circular No. 63/2002/TT-BTC of July 24, 2002
guiding the implementation of charges and fees stipulated by laws.
IV. ORGANIZATION OF IMPLEMENTATION
1. The provincial/municipal Tax
Departments shall have to guide, urge and inspect the observance of the
guidance in this Circular and current provisions of law on charges and fees by
the charge and fee collecting agencies.
2. The charge and fee collecting
agencies shall have the responsibilities:
a/ To make annual revenue and
expenditure estimates together with their financial revenue and expenditure estimates
in strict compliance with the guidance at Point 4, Part C, Section III of the
Finance Ministry's Circular No. 63/2002/TT-BTC of July 24, 2002 guiding the
implementation of charges and fees stipulated
by laws;
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3. This Circular takes effect 15
days after its publication in "CONG BAO," applies to applications for
intellectual property protection as from its effective date, and replaces the
Finance Ministry's Circular No. 23-TC/TCT of May 9, 1997, guiding the
collection, remittance and use of intellectual property charges and fees.
Charge and fee payers who have
fully paid payable charge and fee amounts in strict compliance with charges and
fees stipulated by laws shall neither have the positive difference refunded nor
be subject to retrospective collection of the negative difference between old
and new charge and fee rates.
For protection applications
filed before the effective date of this Circular, for which charged jobs or
services have not yet been completed and charges and fees have not yet been
paid, such charges and fees shall be paid at the rates specified in this
Circular if such jobs or services are requested and performed.
4. The settlement of complaints
and denunciations about acts of violating law on charges and fees shall comply
with the current provisions of law on complaints and denunciations;
commendation and handling of violations of law on charges and fees shall comply
with current provisions of law on charges and fees.
Any problems arising in the
course of implementation should be promptly reported by organizations and
individuals to the Finance Ministry for study and solution.
FOR THE FINANCE
MINISTER
VICE MINISTER
Truong Chi Trung
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(Promulgated
together with the Finance Ministry's Circular No. 132/2004/TT-BTC of December
30, 2004)
No.
LIST
OF INDUSTRIAL PROPERTY CHARGES AND FEES
CHARGE
AND FEE RATES (VND 1,000)
Invention
Utility
solution
Industrial
design
Trademark
Appellation
of origin of goods
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A. INDUSTRIAL PROPERTY FEES
1
Fees for filing of applications
for protection titles and registration of industrial property right transfer
contracts
1.1
Application filing fee (for
trademark for each group which consists of up to 6 products/services, for
industrial design for each option, or for invention/utility solution for each
independent point of protection request)
150
150
150
150
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150
- For trademark applications
for groups which consist of more than 6 products/services each, an additional
fee shall be paid for every product/service from the 7th one
25
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- For descriptions of
inventions/utility solutions which consist of more than 5 pages each, an
additional fee shall be paid for every page from the 6th one
10
10
1.2
Fee for requests for enjoyment
of priority right (for each application/request)
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500
500
500
1.3
Fee for requests for
amendments to applications, including requests for supplementation, splitting,
transfer or conversion (for each application)
100
100
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100
100
100
1.4
Fee for filing dossiers for
registration of industrial property right transfer contracts (for each
object)
100
100
100
100
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100
1.5
Fee for filing dossiers
requesting the grant of non-voluntary licenses (for each object)
500
500
500
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Fee for filing applications
for prolongation of the time limit for amending or supplementing documents
(each time)
100
100
100
100
100
100
2
Fees for grant of
protection titles and certificates of registration of industrial property
right transfer contracts
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Fee for grant of protection titles,
certificates of registration of industrial property right transfer contracts
100
100
100
100
100
100
2.2
Fee for amendment of
protection titles
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100
100
100
100
100
2.3
Fee for issuance of decisions on
compulsory grant of non-voluntary licenses
300
300
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3
Fees for maintenance and
extension of validity of industrial property right protection titles
3.1
Fee for maintenance of validity
of protection titles (for each year) - for each independent point of
protection requests
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- The 1st year; the
2nd year
250
250
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- The 3rd year; the
4th year
400
400
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- The 5th year; the
6th year
650
650
- The 7th year; the
8th year
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1,000
- The 9th year; the
10th year
1,500
1,500
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- The 11th year to
the 13th year
2,100
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- The 14th year to
the 16th year
2,750
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- The 17th year to
the 20th year
3,500
3.2
Fee for restoration of
validity of protection tiles
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1,000
3.3
Fee for extension of validity
of protection titles (for trademark for each group of products/services, for
industrial design for each option of each product)
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450
3.4
Fee for late
maintenance/extension of validity (for each month of late filing)
10%
of maintenance/extension fee
3.5
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150
150
150
150
150
150
4
Fees for publicization of industrial
property information
4.1
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100
100
100
100
100
100
- For applications which
contain more than one pictures each, an additional fee shall be paid for each
picture from the second one
50
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50
50
4.2
Fee for registration of
protection titles (including amended ones) and certificates of registration
of industrial property right transfer contracts
100
100
100
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100
100
- For those which contain more
than one pictures each, an additional fee shall be paid for each picture from
the second one
50
50
50
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4.3
Fee for publicization of
decisions on grant, amendment or extension of protection titles, grant of
certificates of registration of industrial property right transfer contracts
100
100
100
100
100
100
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50
50
50
50
5
Fees for registration of
industrial property representatives
5.1
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100
5.2
Fee for registration of
industrial property representing service organizations (for each
organization)
150
B. INDUSTRIAL PROPERTY
CHARGES
6
Charges for industrial property
examination, appraisal and expertise
6.1
Charges for examination of
contents of applications (for trademark for each group which consists of up
to 6 products/services, for industrial design for each option of each
product, or for invention/utility solution for each independent point of
protection request) - exclusive of information reference charge
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300
250
250
250
- For applications of
trademarks for groups which consist of more than 6 products/services each, an
additional fee shall be paid for each product/service from the 7th
one
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50
- For invention/utility
solution applications requesting the examination of contents are filed late,
a fee for late filing must be paid
200
200
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6.2
Charge for appraisal of
dossiers for registration of industrial property right transfer contracts
(for each object) – exclusive of fee for reference to consolidated trademarks
150
150
150
150
150
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Charge for appraisal of
dossiers of application for non-voluntary licenses (for each object)
1,000
1,000
1,000
6.4
Charge for legal examination
and expertise of industrial property (for trademark for each group which
consists of up to 6 products/services, for industrial design for each option
of each product, or for invention/utility solution for each independent point
of protection request) - exclusive of information reference and supply charge
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300
250
250
250
150
- For applications of
trademarks for groups which consist of more than 6 products/services each, an
additional charge shall be paid for each product/service from the 7th
one
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50
6.5
Charge for examinations of
industrial property representatives' qualifications (for each examined
subject)
200
6.6
Charge for re-examination of
results of examinations of industrial property representatives'
qualifications (for each re-examined subject)
100
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Charges for provision of
services for settling industrial property complaints
7.1
Charge for information
consultation
At
the rate specified in Section 8 of this Table
7.2
Charge for legal examination,
appraisal and expertise of industrial property
At
the rates specified in Sections 6.1 thru 6.4 of this Table
8
Charges for consultation
and supply of information on industrial property
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Charge for consultation of
information in service of examination, appraisal and expertise and other jobs
within the ambit of responsibility (for trademark for each group which
consists of up to 6 products/services, for industrial design for each option
of each product, or for invention/utility solution for each independent point
of protection request)
100
100
100
50
50
- For applications of
trademarks for groups which consist of more than 6 products/services each, an
additional charge shall be paid for each product/service from the 7th
one
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20
8.2
Charge for consultation of
consolidated trademarks in service of appraisal of dossiers for registration
of industrial property right transfer contracts (for each trademark)
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50
9
Charges for grant of copies
or duplicates, or re-grant of industrial property documents
9.1
Charge for grant of duplicates
or re-grant of protection titles
100
100
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100
100
100
9.2
Charge for grant of copies of
documents distributed or kept by the National Office of Intellectual Property
(the first page)
10
10
10
10
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10
- For each page from the
second one, an additional charge shall be collected
5
5
5
5
5
5
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Charge for duplication of
international applications (for each page)
5
9.4
Charge for certification of
international registration of trademarks which are valid in Vietnam
(for each international registration)
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50
10
Charges for compilation and
filing of applications for international registration of industrial property
10.1
Charge for filing
international applications – exclusive of charges payable to the
international office
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10.2
Charge for carrying out
procedures for international registration of trademarks – exclusive of
charges payable to the international office
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1,500
10.3
Charge for amendment or
transfer of internationally registered trademarks of Vietnamese origin
750
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10.4
Charge for service of
supplying documents requesting the certification of priority rights
50
50
50
50
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- For each page from the second
one, an additional charge shall be collected
5
5
5
5