Thông tư 56/2020/TT-BTC

CIRCULAR

REGULATING RATES OF FEES AND CHARGES IN THE CROP GROWING AND FOREST PLANT VARIETIES SECTOR

Pursuant to the Law on Fees and Charges dated November 25, 2015;

Pursuant to the Government's Decree No. 87/2017/ND-CP dated July 26, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

In compliance with the Prime Minister’s Directive No. 11/CT-TTg dated March 4, 2020 regarding urgent missions and measures to relieve business and production difficulties as well as assure social security in response to the Covid-19 epidemic;

Upon the request of the Director of the Tax Policy Department;

Minister of Finance hereby promulgates the Circular, regulating rates of fees and charges in the crop growing and forest plant varieties sector.

Article 1. Rates of fees and charges in the crop growing and forest plant varieties

1. When requesting competent state authorities to grant patents or certificates of registration of contract on transfer of industrial property rights; filing applications for registration of protection of intellectual property rights; filing applications for grant of certificates of practicing as industrial property representatives, for announcement and registration of industrial property representatives, shall pay fees as follows:

a) Within the duration from the effective date of this Circular to the end of December 31, 2020, they shall pay the fee equal to 50% of the rates prescribed in Section I of the Schedule of Fees and Charges in the crop cultivation and forest plant varieties sector which is annexed to the Circular No. 207/2016/TT-BTC dated November 9, 2016 of the Minister of Finance, regulating rates and regimes for collection, remittance, management and use of fees and charges in the crop cultivation and forest plant varieties sector (hereinafter referred to as Circular No. 207/2016/TT-BTC).

Within the effective period of this Circular, rates of fees in the crop cultivation and forest plant varieties sector which are prescribed in Section I of the Schedule of fees and charges in the crop cultivation and forest plant varieties sector annexed to the Circular No. 207/2016/TT-BTC shall be suspended.

b) From January 1, 2021 onwards, rates of fees in the crop cultivation and forest plant varieties sector which are prescribed in Section I of the Schedule of fees and charges in the crop cultivation and forest plant varieties sector annexed to the Circular No. 207/2016/TT-BTC shall resume.

2. When filing requests for competent regulatory authority’s protection of plant varieties (extension of validity of plant varieties patents), organizations and individuals must pay fees as follows:

a) From the date of entry into force of this Circular to end of December 31, 2020:

- In case of extension of validity of plant varieties patents from the 1^st year to the 9^th year, they shall pay 80% of the rates specified in point 3 of section III of the Schedule of Fees and Charges in the crop cultivation and forest plant varieties sector annexed to the Circular No. 207/2016/TT-BTC.

- In case of extension of validity of plant varieties patents from the 10^th year to the expiry date, they shall pay 70% of the rates specified in point 3 of section III of the Schedule of Fees and Charges in the crop cultivation and forest plant varieties sector annexed to the Circular No. 207/2016/TT-BTC.

Within the effective period of this Circular, the rates of fees for patenting plant varieties in case of extension of validity of plant varieties patents as specified in point 3 of section III of the Schedule of Fees and Charges in the crop cultivation and forest plant varieties sector annexed to the Circular No. 207/2016/TT-BTC shall be suspended.

b) From January 1, 2021 onwards, the rates of fees for patenting plant varieties in case of extension of validity of plant varieties patents as specified in point 3 of section III of the Schedule of Fees and Charges in the crop cultivation and forest plant varieties sector annexed to the Circular No. 207/2016/TT-BTC shall resume.

Article 2. Entry into force

1. This Circular shall be effective from June 12, 2020 to end of December 31, 2020.

2. Matters regarding the scope of application; subjects of application; payers; collectors and rates of fees collected; declaration and payment of fees and charges; management and use of fees; documents or records evidencing collection and public disclosure of regimes for collection of fees, and other related matters which are not covered herein, shall be subject to regulations of the Circular No. 207/2016/TT-BTC.

3. In the course of implementation of this Circular, if there is any difficulty that arises, entities, organizations and individuals should promptly inform the Ministry of Finance for its review and additional guidance./.