CIRCULAR of the MINISTRY of FINANCE-RELATED SCIENCE, TECHNOLOGY and ENVIRONMENT management guidelines, financial income in activities and initiatives of industrial property enforcement decree 84/dated 20/3/1990 of the Council of Ministers (Government) of the amendment of additional initiatives to improve the technical-chemical hợplý production and invention; Charter of the trademark; Rules for industrial designs; Charter of useful solutions to enforce ordinances protected property rights côngnghiệp, the Ministry of finance-science, technology and environment guide the rules of financial incomes and expenses for the activities and initiatives of industrial property.
I. GENERAL PROVISIONS 1. Funding for the initiatives and activities of industrial property is used to finance the following: a) research to create innovations, inventions, utility solutions, industrial design or trademark design;
b) experimental organization and apply innovations, inventions, utility solutions, industrial designs;
c) compensated for the author of innovations, inventions, utility solutions, industrial designs; charged bonuses encouraged for those who support and those who join the organization first applied innovations, inventions, utility solutions, industrial designs;
e) active organization initiative and industrial property, reviews conclusions about innovations, inventions, utility solutions, information, exhibitions, conferences, seminars, contests, surveys, open professional training classes on innovation and industrial property;
g) procedures for registration for protection of inventions, utility solutions, industrial designs, trademarks.
2. Sources of funding: a) to the Agency, the administrative unit, the career of funds spent on the activities and initiatives of industrial property by the State budget allocated.
b) in respect of the production units, business funding spent on initiatives and activities of industrial property taken from the production development fund.
c) funding spent on Own the Organization reviews, assay, apply try and pay bonuses, pay compensation to the author câyt varieties, like children, methods of prevention, diagnosis and cure for humans, animals and plants are on the budget spending on scientific research and technology of the Ministry of agriculture and food industry and the Health Ministry.
3. Accounting, settlement and check: expenses for the activities and initiatives of industrial property by the private settlement and accounting in each capital there and follow the accounting report mode and check the settlement, according to the current rules of the State.
II. SPECIFIC PROVISIONS a. DETERMINE the BENEFIT OBTAINED by APPLIED innovations, inventions, UTILITY SOLUTIONS: 1. The benefits obtained by applied innovations, inventions, utility solutions, calculate the amount (economic benefits)-called money making reply, or the form does not calculate the amount (social benefits).
a) the money benefits due to applied innovations, inventions, utility solutions is the total of the savings are due to the production, use or application of the method are recognized as innovations, inventions, utility solutions from all sources (human resources, capital, money, raw materials and fuel , materials, energy, the depreciation of fixed assets, etc.).
b) benefits not calculated into money as the benefits related to health and human life as living conditions improve, labor conditions (noise reduction, toxic levels, improve traffic safety, traffic safety, environmental protection, strengthening national defense and social security ...).
2. Method of determining the benefit earned (money-making).
2.1. When determining the money benefit only the direct benefits are obtained by applied innovations, inventions, utility solutions; also the indirect benefit arising due to the continued use of manpower, money, capital, raw materials, fuel, materials ... was obtained by applied innovations, inventions, utility solutions that are not counted when determining the amount of the benefit.
2.2. the direct benefit is determined on the basis of comparing the economic situation, the technique before and after applied innovations, inventions, utility solutions.
-The case of innovations, inventions, utility solutions applied at the Agency, the unit has no basis of comparison (technical object has not yet been adopted or produced at the Agency, unit) then taking the norms of economic norms, techniques of technical objects have the same function in the Agency other units as the basis for comparison. If the technical object has the same function is applied or produced in many agencies, the unit, the basis for comparison is the target level of the economy, the most advanced techniques of the unit body.
-The case of the technical object is completely new in the country, the basis of comparison is the level of economic indicators, the average engineering technical objects have the same function in a foreign country.
-The case of the technical object is entirely new in the world (or have no documents about it abroad) the money benefits as profits are due to applied innovations, inventions, utility solutions talk on institutional units.
2.3. in the case of a duty applied several technical innovations, inventions, utility solutions, then reviews the benefits according to the level of influence each of the innovations, inventions, utility solutions for technical tasks which according to the percentage of the overall benefits and base on which to determine the level of remuneration to the author of each initiative , inventions, utility solutions.
2.4. When determining the cash benefit is based on the Agency's accounting methods, unit to deduct the costs incurred by the application of innovations, inventions, utility solutions.
2.5. Cash benefit due to applied innovations, inventions, utility solutions in Vietnam if the cash benefit is Exchange, the computer into Vietnam Dong rates according to the Bank for foreign trade of Vietnam announced at the time of determining the money do reply.
2.6. The time determined the money benefit due to applied innovations, inventions, utility solutions and profits are due to the use of industrial designs (hereinafter referred to collectively as the money benefit).
a) the money benefits are determined for each year starting from the date of application to apply, i.e. on heads, the decision applies.
b) In applying the first of 12 months calculated from the start date; in the second application is the next 12 months, etc.
c) case of innovations, inventions, utility solutions, industrial design is applied under 12 month cash benefit is determined from time to time apply to that fact.
d) If the time to produce a product unit under the initiative, inventions, utility solutions, industrial design is longer than 12 months, the time needed to complete a product unit is considered in applying and benefit is determined during practical use.
e) initiative case, inventions, utility solutions, industrial design is applied according to the applicable year season is the time to apply the fact according to the season.
B. The REMUNERATION The AUTHOR RECOMMENDED BONUSES For THOSE Who SUPPORT And THOSE Who JOIN The ORGANIZATION FIRST APPLIED Innovations, Inventions, UTILITY SOLUTIONS, INDUSTRIAL DESIGN.
1. where the benefits obtained by applied innovations, inventions, utility solutions to calculate the amount.
a) obligations and time limits, duration, extent and conditions pay remuneration, bonuses, incentive under the provisions of the Charter attached to Decree No. 84/dated March 20, 1990 of the Council of Ministers (Government).
b) remuneration for authors of innovations, inventions, utility solutions, industrial designs not been fullest extent (minimum level set forth in the respective charters) and the decision of the heads of unit, on the basis of money benefit obtained by applied innovations , inventions, utility solutions, industrial design.
c) who have high incomes due to applied innovations, inventions, utility solutions, industrial designs are subject to income tax under the Decree 119/dated 17/4/1991 of the Council of Ministers (Government) and the circulars of the Ministry of finance.
2. where the benefits obtained by applied innovations, inventions, utility solutions not be into money: a) remuneration to the author in this case is determined on the basis of assessed value of innovations, inventions, utility solutions through the following targets: + effective remedy and effective techniques.
+ The volume and scope of the initiative, invention, useful solutions.
+ The level of the complex technical tasks.
+ Technical scientific value.
b) in fact applied, calculate the effect in the body, overly complex enterprise, temporary regulations the maximum and minimum levels are as follows: + the remuneration the author initiative: a minimum 100,000;
Up to 3 million.
+ The remuneration the author inventions, utility solutions: a minimum 200,000 VND VND 6 million maximum level III. The FEES RELATING to the GRANTING and MAINTAINING in FORCE a DEGREE of PROTECTION of the INDUSTRIAL PROPERTY RIGHTS 1. The fee was changed back to specific provisions in the annex attached to this circular.
2. The fees relating to the international application under the Patent Cooperation Treaty (PCT): industrial property Bureau is responsible for the applicant's income and transferred to the International Bureau and the competent international lookup under regulation enforcement of Patent Cooperation Treaty (PCT).
3. The time limit for submission of form and the registration fee to maintain in force the degree of protection of industrial property rights: time limit and form of pay by the industrial property Bureau has responsibility for specific instructions.
4. Pay to the State budget: the Bureau of industrial property procedures for filing fees collected to the State budget according to the quyđịnh in circular No. 48-TC, TCT on 28/9/1992 of the Ministry of Finance shall guide the implementation of decision No 276/CT dated 28/7/1992 of the President of the Council of Ministers about the unification of management fees and charges; Filed in Chapter 11 type 10 item 2 item 35 State Treasury Bureau.
Case currency in foreign currency will file into account: 212,210,370,001 Vietnam commercial bank fees related to the grant and maintenance in force of the degree of protection of the industrial property rights (industrial property fees) is the source of revenue of the State budget should have to submit to the State budget. But to encourage the currency lodging, the Ministry of finance will issue back 10% of the total amount of fees collected, including internal and foreign currencies were converted into money by Vietnam bank rates published from time to time to reward and compensation for direct and indirect Science working on industrial property and some related activities industrial property rights. The annual amount of this cấplại the Bureau of industrial property right regimes report revenues spent on fees in accordance with the provisions of the State.
IV. ENFORCEMENT PROVISIONS.
1. This circular replaces circular for 892/TT-TB on 4/8/1982 and circular No. 796/LBKH-TC on 30/5/1988 of the Ministry of finance-Related scientific and Technical Committee of State guidelines for implementing these financial problems and compensation stipulated in the Charter of the technical innovations rationalize production and invention. The regulations previously issued contrary to this circular are repealed.
2. This circular is effective from the date of signing. These innovations, inventions, utility solutions have been adopted but have yet to pay remuneration to the author and a bonus incentive for those who support and those who organized the first application, the level of money determined under this circular.
APPENDIX to CIRCULAR FEES RELATING to the GRANTING, modification and ANNUITY PROTECTION DEGREE a. monetary fees Vietnam (1000đồng) b. fee Levels by the US dollar (USD) Of TT patent fee useful solutions to industrial designs trademarks patents useful solutions industrial designs trademarks 1 2 3 4 5
6 7 8 9 10 1 filing fees (with the trademark for each group) 180 135 60 120 100 75 25 60 If a description has over 5 pages from page 6 onwards to pay more per page 6 6--2.5 2.5---If on an object (or on the scheme for industrial designs) from the object (option) Monday to pay more for each object ( phương án)
90
60
9
-
50
40
5
-
2
Lệ phí gửi đơn quốc tế
50
3
Lệ phí sao đơn quốc tế
20
4
Lệ phí cấp tài liệu xin quyền ưu tiên
30
5
Lệ phí xin hưởng quyền ưu tiên
90
90
45
90
50
50
20
45
6
Lệ phí công bố Đơn đăng ký Kiểu dáng công nghiệp ở dạng đen trắng
--30--30-second-add--9-10-7 revised fees the applicant name, address, author, or 45 45 45 45 15 15 15 15 8 representative noted the transfer fee for the application is under review and the registration fee is 60 60 45 120 30 30 20 30 9 degree of protection 60 60 75 120 25 25 30 60 10 Rate the charge announced the degree of protection:-announced 45 45 45 45 20 20 20 20 content-published every photograph or drawing of each form 10 11 15 15 15 10 10-black white-fee annuity protection degree (inventions, utility solutions):-the first year and second year , mỗi năm
90
90
-
-
50
50
-
-
- Năm thứ ba và năm thứ tư, mỗi năm
150
150
-
-
80
80
-
-
- Năm thứ năm và năm thứ sáu, mỗi năm
240
240
-
-
120
120
-
-
- Năm thứ bảy và năm thứ tám, mỗi năm
360
-
-
-
160
-
-
-
- Năm thứ chín và năm thứ mười, mỗi năm
480
-
-
-
200
-
-
-
- Năm thứ mười một và năm thứ mười hai, mỗi năm
600
-
-
-
240----the tenth Year, the tenth year of four and fifteen years, each year 720-----280-12 revised fees: the name, the address of the server that the degree of protection, industrial property representative 60 60 60 90 25 25 20 45-limited industrial design projects (per plan)-60---20--limited indexes of products (per product)---60---45 13 L the content of the publication fees improperly modified the qualifications:-published this page renamed 45 45 45 45 20 20 20 20 address-modify content published in the request for protection (for industrial designs for each option) 45 45 45 45 20 15 20 20 14 fees recorded the transfer of the right to be protected :-the case of the transfer is not approved 60 60 45 120 30 30 20 60-the case of the transfer must be approved by 160 120 100 80 60 50 30 60 15 fees announced the transfer of the right to protection of the renewal fees 45 45 45 45 20 20 20 20 16 effect the degree of protection (TRADEMARK-MATTERS EXCLUDED)
-Renewal of the certificate of the first industrial design –-90-40-renewal of industrial design certificate for a second time and each renewal of registration certificate of the trademark for each product group--120 120-60 60 17 fees announced the extension of validity-protection degree-45 45--20 20 18 complaint fee (for each complaint) 150 150 150
150
30
30
30
30
