Notice on implementation of Circular No. 45/2020/TT-BTC of the Minister of Finance

The IP Vietnam has issued Notice No. 7638/TB-SHTT dated June 5, 2020 on the implementation of Circular No. 45/2020/TT-BTC dated May 26, 2020 of the Minister of Finance

Implementing Directive No. 11/CT-TTg dated March 4, 2020 of the Prime Minister on urgent tasks and solutions to overcome difficulties for production and business, ensure social security in response to the Covid-19 pandemic, on 26 May 2020, the Minister of Finance issued Circular No. 45/2020/TT-BTC stipulating the rates of collection and payment of registration fee (to confirm) for using foreign barcode and industrial property fees (hereinafter referred to as “Circular No. 45/2020/TT-BTC”). The Intellectual Property Office of Vietnam (IP Vietnam) would like to announce the implementation of Circular No. 45/2020/TT-BTC as follows:

1. The fees for the procedures related to industrial property registration received by the IP Vietnam from May 26, 2020 to the end of December 31, 2020 and the procedures for handling the previously received industrial property applications in respect of payment of fees issued by the IP Vietnam from May 26, 2020 thru December 31, 2020 will be reduced by 50% of the industrial property fees prescribed in Section A, Table of industrial property fees and charges, issued in attachment to Circular No. 263/2016/TT-BTC of November 14, 2016 of the Minister of Finance stipulating the rates, collection, payment, management and use of industrial property charges and fees (hereinafter referred to as “Circular No. 263/2016/TT-BTC”).

2. For cases where notices on the fee payment were issued by the IP Vietnam before May 26, 2020, the fee payment shall comply with the rates set in these notices.

3. For the fees for the procedures related to industrial property registration requests received by the IP Vietnam (including the representative offices of the IP Vietnam) from May 26, 2020 thru May 28, 2020 and the procedures for handling the previously received industrial property applications in respect of notices on payment of fees issued by the IP Vietnam from May 26, 2020 thru May 29, 2020, which have not been reduced by 50% as prescribed under Circular No. 45/2020/TT-BTC because the Circular has not been timely implemented Circular No. 45/2020/TT-BTC (because the Circular takes effect immediately from the signing date), the IP Vietnam will refund the overpaid fees, corresponding to 50% of the fees collected, to the applicant under Section 4 of this Notice if the applicant has already paid. In case the applicant has not yet paid, the applicant will pay enjoying the 50% reduction as prescribed under Circular No. 45/2020/TT-BTC.

4. Procedures for refunding fees

(i) Subjects entitled to reimbursement of fees

Cases specified in Section 3 of this Notice.

(ii) Required documents for refunding overpaid fee

Official request for refunding containing the information on the applicant, application number, date of filing, number of payment receipt and method for receving refund (received directly at the application receiving division or received via bank account). In case of receiving a refund via bank account, the official request must specify information about the recipient (full name, ID card or Citizen ID, address …), information about the bank to receive the money (bank name, account holder name and account number);
The original (Copy 2) of the receipt of charge and fee issued by the IP Vietnam showing the content of excess fee collection;
Identity card or Citizenship or Passport (copy in case of sending the dossier by post) for individual applicants, and Letter of recommendation, Power of attorney for cases where individuals who represent an applicant as an organization.

(iii) Location for receiving the request for refunding overpaid fees

The application-receiving division at the place where the applicant has overpaid the fees, specifically:

Headquarters of the IP Vietnam: 384-386 Nguyen Trai Street, Thanh Xuan District, Hanoi City;
Representative office of the IP Vietnam in Ho Chi Minh City: 7th Floor, Ha Phan Building, No. 17-19 Ton Ton Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City;
Representative office of the IP Vietnam in Da Nang City: 3rd Floor, No. 135 Minh Mang Street, Khue My Ward, Ngu Hanh Son District, Da Nang City.

(iv) Time limit for receiving the Request for refunding overpaid fees

From the issuance of this Notice thru August 31, 2020 (in case of submission of the dossier by post, the date of receipt of the dossier is computed as the date on the postmark of the sending place).

Upon expiry of the above time limit, the IP Vietnam will not receive any request for the refund of overpaid fees, the overpaid fees which no request for refunding is made will be remitted into the state budget.