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.
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
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:
Thus, the scope of regulation of Circular 63/2023/TT-BTC is as follows:
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.
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:
|Fee (thousand VND)
|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.
|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.
|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.
|Fee for examination of request for priority rights (per application/request) (if any)
|Fees for publishing information on industrial property
|Fees for registering information on industrial property
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.
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.
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.
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