(+84) 96 167 55 66
info@vietanlaw.com

Circular 63/2023/TT-BTC amending regulations on industrial property fees

On October 16, 2023, the Minister of Finance issued Circular No. 63/2023/TT-BTC amending and supplementing several articles of many Circulars regulating fees and charges of the Minister of Finance to encourage the use of online public services. In this Circular, there are amendments to regulations related to industrial property fees and charges applicable until the end of 2025. In the following article, Viet An Law will summarize the contents related to Circular 63/2023/TT-BTC amending regulations on industrial property fees.

The fee for copyright registration

Legal grounds

  • Law on Intellectual Property 2005, as amended and supplemented 2009, 2019, 2022.
  • Circular 263/2016/TT-BTC regulates the collection rates, the regime of collection, payment, management and use of industrial property fees and charges.
  • Circular 63/2023/TT-BTC amendments to certain circulars prescribing fees and charges of minister of finance with the aim of encouraging the use of online public services.

Information Circular No. 63/2023/TT-BTC amending regulations on industrial property fees

Number: 63/2023/TT-BTC

Document type: Circular

Field, industry: Tax – Fees – Fees, Administrative apparatus

Place of issuance: Ministry of Finance

Signed by: Cao Anh Tuan

Date of issue: October 16, 2023

Effective date: December 1, 2023

Gazette number: From number 1133 to number 1134

Amended content in Circular 63/2023/TT-BTC

In the amendments to Circular No. 63/2023/TT-BTC adjusting state administrative fees in the fields of labor, energy, materials, residence, and construction, Article 3 recognizes the content Amending and supplementing Article 4 of Circular 263/2016/TT-BTC dated November 14, 2016, of the Minister of Finance regulating collection rates, collection, payment, management and use of fees and charges Industrial property.

Accordingly, in the case where an organization or individual submits an online application for the protection of industrial property rights (including application for application for registration of protection of industrial property rights; issuance of protection certificates, certificates of registration of industrial property right assignment contracts; maintenance, extension, invalidation or annulment of certificates of industrial property right protection; issuance of industrial property representation service practicing certificates and declaration and registration of industrial property representative) in the online form:

  • From January 1, 2024, to December 31, 2025, the fees shall be 50% (fifty percent) of the fee rate specified in Section A of the Fee and Charge Rate Schedule will apply. industrial property issued together with Circular No. 263/2016/TT-BTC dated November 14, 2016, of the Minister of Finance regulating collection rates, collection, payment, management, and use of fees and charges industrial property (hereinafter referred to as Circular No. 263/2016/TT-BTC).
  • From January 1, 2026, onwards, the fees prescribed in Section A of the Industrial property fee and charge schedule promulgated together with Circular No. 263/2016/TT-BTC shall be applied.

Thus, the scope of regulation of Circular 63/2023/TT-BTC is as follows:

  • Regarding time scope: from January 1, 2024 to December 31, 2025.
  • Regarding the scope of subjects: organizations and individuals submitting applications and documents requesting work and industrial property protection services in the online form.
  • Reduction level: 50% of fees specified in Circular 263/2016/TT-BTC.

Note: Currently the public service information portal of the National Office of Intellectual Property (https://dichvucong.ipvietnam.gov.vn/thu-tuc-hanh-chinh) is in the process of updating and completing to meet the amendments applied from 2023 to the Vietnam Intellectual Property Law. Until December 2023, the public service only provides online filing for patent registration. Therefore, applicants or subjects who want to enjoy regulations on reduced fees and charges when performing services related to industrial property rights protection online need to monitor to update the features on this public service portal.

Trademark registration fees in Vietnam

State fees are prescribed in Circular 263/2016/TT-BTC, according to which the applicant for trademark registration directly at the National Office of Intellectual Property must pay the following fees:

No Fee name Fee (thousand VND)
1 Application fee 150
2 Fee for granting a Protection Title (can be paid at the time of application or upon notification of granting a Protection Title)

For trademark applications containing more than 1 class of goods/services, from the 2nd class onwards, additional documents must be submitted for each class.

120

 

 

100

3 Trademark application examination fee (for each class with a maximum of 6 goods/services/1 class)

The fee for examination of a trademark application with more than 6 goods/services in a class, must be paid additionally for each good/service from Saturday onwards.

550

 

 

120

4 Fee for international classification of goods and services for trademarks (for each class of no more than 6 goods/services) (if not yet classified)

If each class has more than 6 goods/services, an additional payment must be made for each good/service from Saturday onwards.

100

 

 

20

5 Fee for examination of request for priority rights (per application/request) (if any) 600
6 Fees for publishing information on industrial property 120
7 Fees for registering information on industrial property 120

Note: The above fees do not include VAT, industrial property representation service fees (if applying through a representative), translation fees, notarization fees, and other costs incurred during the application process.

Some other Circulars amend regulations on industrial property fees

The fee reduction is determined each year depending on the state’s socio-economic policies. For example, in 2021 and 2023, the Minister of Finance issued Circular No. 47/2021/TT-BTC and Circular No. 44/2023/TT-BTC reducing general industrial property fees and payment fees. Trademark registration applications in particular are equal to 50% of the fee rate specified in Section A of the Schedule of industrial property fees and charges issued with Circular No. 263/2016/TT-BTC dated November 14, 2016, to support the recovery of the market economy after the Covid-19 pandemic.

The difference between these Circulars and Circular 63/2023/TT-BTC is the scope of regulation.

  • In terms of time: Circular No. 47/2021/TT-BTC and Circular No. 44/2023/TT-BTC only apply for a short period of 1 year, specifically 2021 and 2023 for the purpose of recovery. develop and promote industrial property registration and re-activate businesses after the pandemic. Meanwhile, Circular 63/2023/TT-BTC applies for a longer period, specifically in 2024 and 2025.
  • Regarding regulated subjects: Circular No. 47/2021/TT-BTC and Circular No. 44/2023/TT-BTC have a broader scope of application: for all forms of requests for work performance and protection services. industrial property rights, both online as well as in person. However, because the goal of Circular 63/2023/TT-BTC is to promote the use of online public services, this Circular only applies when the owner of an industrial property registration application applies online. Online public service information portal of the National Office of Intellectual Property.

Above are some contents related to Circular 63/2023/TT-BTC amending regulations on industrial property fees compiled by Viet An Law and informed to you. If you need to register for the protection of trademarks, inventions, and industrial designs in Vietnam and abroad, please contact Viet An Law for the most effective support.

Related Acticle

Vietnam Housing Law 2024

Vietnam Housing Law 2024

On November 27, 2023, the Vietnam Housing Law 2023 was approved by the National Assembly. In general, the Housing Law 2023 still inherits most of the content from the Housing…
Circular 28/2023/TT-BTC regulates the construction investment project appraisal fees

Circular 28/2023/TT-BTC regulates the construction investment project appraisal fees

Recently, the Ministry of Finance issued Circular 28/2023/TT-BTC regulating the collection, payment, management, and use of construction investment project appraisal fees, replacing Circular No. 209/2016/TT-BTC dated November 10, 2016. Basic…
Decree 27/2023/ND-CP regulating environmental protection fees for mineral exploitation

Decree 27/2023/ND-CP regulating environmental protection fees for mineral exploitation

Recently, on May 31, 2022, the Government issued a Decree regulating environmental protection fees for mineral exploitation with number 27/2023/ND-CP. Accordingly, Decree 27/2023/ND-CP was issued and replaced Decree No. 164/2016/ND-CP…
Decree 19/2023/ND-CP guiding the Law on Anti-money Laundering

Decree 19/2023/ND-CP guiding the Law on Anti-money Laundering

On November 15, 2022, the National Assembly promulgated the Law on Anti-money Laundering 2022 to replace the Law on Prevention of Money Laundering in 2012 to improve the effectiveness of…
Template of trademark license contract in Vietnam

Template of trademark license contract in Vietnam

A trademark is a sign that helps consumers distinguish the goods and services of one supplier from those of another. Clients’ natural tendency is to choose trademarks they have heard…

CONTACT VIET AN LAW

Hanoi Head-office

#3rd Floor, 125 Hoang Ngan, Hoang Ngan Plaza, Trung Hoa, Cau Giay, Hanoi, Vietnam

info@vietanlaw.com

Ho Chi Minh city office

Room 04.68 vs 04.70, 4th Floor, River Gate Residence, 151 – 155 Ben Van Don Street, District 4, HCM, Viet Nam

hcm@vietanlaw.com

SPEAK TO OUR LAWYER

English speaking: (+84) 9 61 67 55 66 - Lawyer Dong Van Thuc ( Alex) (Zalo, Viber, Whatsapp, Wechat)

Vietnamese speaking: (+84) 9 33 11 33 66 - Dr. Lawyer Do Thi Thu Ha (Zalo, Viber, Whatsapp, Wechat)