Circular No. 29/2009/TT-BTC dated 10/02/2009 provisions on fees for issuance of certificate of copyright and related rights PDF  | Print |  E-mail
Viet Nam copyright law

MINISTRY OF FINANCE

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No.: 29/2009/TT-BTC

Socialist Republic of Vietnam

Independence Freedom Happiness

-----------------------------------

Hanoi, February 10, 2009

CIRCULAR

Provisions on collection rates, collection regime, payment, management and use

of fees for issuance of certificate of copyright and related rights

 Pursuant to the Intellectual Property Law and Governmental Decree No. 100/2006/ND-CP dated 21/9/2006 detailing and guiding the implementation of some articles of the Civil Code, Intellectual Property Law on copyright and related rights;

Pursuant to Governmental Decree No. 57/2002/ND-CP dated 03/6/2002 and Governmental Decree No. 24/2006/ND-CP dated 06/3/2006 on amending and supplementing some articles of Governmental Decree No. 57/2002 / ND-CP dated 03/06/2002 detailing the implementation of the Ordinance on Charges and Fees;

Pursuant to Governmental Decree No.118/2008/ND-CP dated 27/11/2008 on regulating the functions, tasks, power and organizational structure of the Ministry of Finance;

After consulting the Ministry of Culture, Sports and Tourism, the Ministry of Finance hereby prescribes the collection rate, collection regime, payment, management and use of fees for issuance of certificates of copyright as follows:

I. GENERAL PROVISION

Domestic and foreign organizations and individuals who are issued registration certificates of copyright and related rights by State competent authorities for protection of copyright shall pay fees according to this Circular.

 II. SPECIFIC PROVISIONS

1. The collection rates of fees for issuance of certificates of copyright and related rights are as follows:

S.N

Work type

Collection rates

(VND/certificate)

I

Registration of copyright

1

a) Literary works, scientific books, textbooks and other works presented in the form of letters or other characters (referred generally to as written works);

b) Lectures, presentations and other speeches;

c) Press works;

d) Musical works;

dd) Photographic works.

100,000

2

a) Architectural works;

b) Graphics, sketches, maps, drawings relevant to topography and scientific works.

300,000

3

a) Fine art works;

b) Applied fine art works.

400,000

4

a) Cinematographic works;

b) Theatrical works fixed on tapes or discs.

500,000

5

Computer programs and compilations of data or programs running on computers

600,000

II

Registration of related rights

1

Performances fixed on:

a) Audio records;

b) Visual records;

c) Broadcast programs.

200.000

300,000

500,000

2

Audio recordings

200,000

3

Visual recordings

300,000

4

Broadcast recordings

500,000

 2. The collection rates specified in this paragraph 1 shall be applied to the first issuance of registration certificates of copyright and related rights. In case of application for re-issuance of the certificates, the applicants shall pay 50% of first issuance of the corresponding certificates.

3. Collecting agencies shall not refund fees in case the registration certificates of copyright and related rights are revoked or invalidated.

4. State management agencies for protection of copyright and related rights (the Copyright Office of Vietnam), who, under the provisions of the Intellectual Property Law, organize the collection of fees for issuance of registration certificates of copyright as defined in this Circular (hereinafter referred to as fee collecting agencies), shall register, declare and pay the fees to the State budget as stipulated in Circular No. 63/2002/TT-BTC dated 24/7/2002 and Circular No. 45/2006/TT-BTC dated 25/05/2006 amending and supplementing Circular No. 63/2002/TT-BTC dated 24/7/2002 of the Ministry of Finance guiding the legal provisions on charges and fees and Circular No. 60/2007/TT-BTC dated 14/06/2007 guiding some articles of the Tax Administration Law and guiding the implementation of Decree No. 85 / 2007 dated 25/5/2007 of the Government detailing the implementation of some articles of the Tax Administration Law.

5. The fee collecting agencies may retain 70% of the fees collected before remitting to the State budget to pay for the fee collection expenses under the following contents:

5.1. Regular spending on fee collection activities and appropriation for bonus and welfare funds for officials and employees who collect the fees according to Circular No. 63/2002/TT-BTC dated 24/07/2002 and Circular No. 45/2006/TT-BTC dated 25/5/2006 amending and supplementing Circular No. 63/2002/TT-BTC dated 24/07/2002 of the Ministry of Finance guiding the implementation of legal provisions on charges and fees.

5.2. Spending specifics:

a) Printing (or buying) forms, declarations, certificates and other documents directly related to the collection of fees; printing yearbook of registration of copyright and related rights;

b) Paying for dossiers of registration of copyright and related rights;

c) Regular pending on repair and overhaul of property, machinery and equipment for collection of fees;

d) Spending on leasing office buildings (if any);

dd) Spending on keeping, digitizing data of registration of copyright and related rights;

e) Spending on establishing, managing and organizing the exploitation of database networks of information on copyright and related rights.

6. The total amount of fees actually collected after deduction of the amount to be deducted according to the rate referred to in paragraph 5 of this section, which is the remaining 30%, will be paid to the State budget (according to the category, type, paragraph, section, sub-item index of the current State budget). The whole amount to be retained (70%) by fee collecting agencies must be properly used for the prescribed purposes and the use must be supported by documents and vouchers as regulated. Every year, the fee collecting agencies shall settle the use of fee receipts; the amount of fees earned; the amount retained by the agencies; amount payable to the State budget; the amount already paid and the amount to be paid to the State budget with tax authorities. They also settle the use of the retained amount with the same level financial agencies in accordance with current regulations.

III. THE IMPLEMENTATION

1. This Circular takes effect after 45 days from the date of signing. It replaces Circular No. 166/1998/TT-BTC dated 19/12/1998 of the Ministry of Finance guiding the collection of fees for copyright registration.

2. Organizations and individuals liable to pay fees for certification of copyright and related agencies shall comply with the provisions of this Circular.

3. In the process of implementation, if problems arise, the agencies, organizations and individuals are required to promptly report them to Ministry of Finance for study and additional guidance./.

Recipients:

- Central Party Committee's Office;

- Governmental Office;

- Presidential Office;

- People's Supreme Procuracy;

- People's Supreme Court;

- State Auditors;

- Ministries, ministerial-level agencies, governmental agencies;

- central bodies of mass organizations;

- Official Gazette;

- Document Examination Department (Ministry of Justice);

- People's Committees, Departments of Finance; Taxation Departments, State Treasury of provinces and cities directly under central government;

- Units within the Ministry of Finance;

- Government's Website;

- Website of the Ministry of Finance;

- Filed: administrative files, CST (CST 3).

For Minister

Vice Minister

(Signed)

Do Hoang Anh Tuan

(*) dd is used for letter in Vietnamese that is in between the “d” and “e”

 
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