Thông tư 31/2020/TT-BTC sửa đổi Thông tư 263/2016/TT-BTC lệ phí sở hữu công nghiệp

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”.

2. To amend and supplement Clause 2, Article 6 as follows:

“2. Fee collector may retain 50% of the collected amount of fees to pay the costs serving its operation according to Article 5 of 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 and remit remaining 50% to the state budget under the current State Budget Index”.

3. To amend and supplement Point 6.4, Section B of the industrial property charge and fee Schedule attached to the Circular No. 263/2016/TT-BTC as follows:

Article 2. Organization of implementation

1. This Circular takes effect on July 01, 2020.

2. Any difficulty arising in the course of implementation of this Circular should be promptly reported to the Ministry of Finance for consideration and guidance./.