Circular No. 180/2011/TT-BTC on rates, collection, remittance, management and use of charges and fees in crop production and forest trees varieties

Issue nos 1O-12JD~'cemb(>r2011 Of f· It' IA r ;.;A/F 1 TF. (Cong Baa 1105 655-656/Dccember 29, 20 II) 27 THE MINISTRY OF FlNANC/:..' Circular No. 180/2011/TT-BTC of December 14, 2011, on rates, collection, remittance, management and use of charges and fees in crop production and forest tree varieties Pursuant to August 18, 1001 Ordinance No. 3812001lUB1VQHlO on Charges and Fees; Pursuant 10 March 24, 20U4 Ordinance No. 1512004/PL-UB1VQHll on Plant Varieties; Pursuant to the Government sDecree No, 57/ 2002/ND-CP of June 3, 2002, detailing the Ordinance on Charges and Fees; Decree No. 2412006/ND-CP of March 6, 2006, amending and supplementing a number of articles of Decree No. 5712002/ND-CP ofJune 3, 2002; Pursuant to the Government 's Decree No. 12712007/ND-CP ofAugust 1,2007, detailing a number ofarticles ofthe Law 011 Standards and Technical Regulations; Pursuant /0 the Government's Decree No. !32/2008/ND-CP of December 31, 2008, detailing a number of articles of tilt? LiIW 011 Product and Goods Quality; Pursuant to the Government's Decree No. 88/ 20l01ND-CP ofAugust /6. 2010. detailing and guiding a I1lI111ber of articles o] the Intellectual Property Law and the Law Amending and Supplementing a Number of Articles of the lml'llecnwl Ptopen» Lav: rej?iJrdillj? righTs To plant varieties; Pursuant to the Government's Decree No. 118/2008/NDCP of November 27, 2008, defining the functions, tasks, powers and organirutional structure of the Ministry of Finance; After obtaining opinions o] the Ministry of Agriculture and Rural Development in. Ojjicial Letter No. 2670IBNN-TC ofSeptember to, 201 I, The Ministry of Finance provides rates, collection, remittance, management qnd use of charges andfees in crop production ..nd forest tree varieties as [ollows: Article 1. Charge and fee payers. Vietnamese and foreign organizaaons and individuals requesting state management agencies in writing, or organizat~ons and individuals assigned by competent agencies, to test, recognize and protect plant varieties or provide these services; and conduct e~ination, sampling, testing and quality certification in crop production and forest tree varieties. shall pay charges and fees under this Circular. Article 2. Charge and fee rates The rates of charges and fees in crop production and forest tree varieties are provided in the Table of charges and fees in crop production and forest tree varieties attached to this CIrcular. Article 3. Collection. remittance. management and use of charges and fees OFFICIAL GA/f rTF Issue nos 1O-12!De<:ember20lJ (Cong BaDI/OS (/i5656IDl'cemba 29, 2011 ) 1. Statl::. nJana~elllent a~cJl\.;ie:-; uf UO~ production and forest tree varieties and organizations and individuals assigned hy competent agencies shall collect remit, manage and use charges and fees in crop production and forest tree varieties under this Circular. 2. Payers shall pay once all required charges andfees~~en submitting applications or dossiers of request, 3. d~rge and fee collecting agencies may keep 80~of collected amounts to cover charge and fee-eollection work and shall remit the remaini1'l%20% into the state budget according to r.::urrt:sptJTJding chapters, categories, sections, items andsub-items of the current state budget revenue ffldex. 4. cmrer matters related to the collection, remittanCZ::management and use ofcharges and fee and "publicity of collection and remittance regulati<M8covered by this Circular comply with the FinaiieMinistry'S Circular No. 63J2002fIT­ BTC oflwiy 24,2002, guiding the law on charges and feesreircular No.45/2006nT-BTC of May 25, 2006,amendingandsupplementingCircular No. 63J2002rrT-BTC uf July 24,2002; Circular No. 28/20J l/TT,BTC of February 28, 2011, guiding a numher of articles of the Tax Administration Law and guiding the Government's Decrees No. 85/2007/ND-CP of May 25, 2007, and No. I06/201O/ND~CP of October 28,2010. Article 4. Organization of implementation 1. This Circular takes effect on February 1, 2012, and replaces the Finance Minister's Decision No. llJl008JQD-BTCofFebruary 19, 2008, on rates, collection, remittance, management and use ofcharges and fees in plant varieties, and Decision No. 482/QD-BTC of March 21, 2008, correcting Decision No. 111 2008/QD-BTC of February 19,2008. 2. Any problems arising in the course of implementation should be promptly reported to the Ministry ofFinance for study and guidance> For the Minister ofFinance Deputy Minister VU THI MAl Table of charges and fees in crop production and forest tree varieties (Atta(K~d10 the Finance Ministry's Circular No. 1801201 IfJTBTC ofDecember 14,2011) Appendix 1. Fees in crop production and forest tree varieties No. Fee Unit of Rate (VND) calculation I Fees on agricultural plant varieties and fertilizer I Grant of license for export or import of license JOODOO agricultural plant varieties or zene sources C VIETNAM LAW &. lEGAL FORUM Issue nos lO-12lDcccmbcr2011 OFf- ICiAL GAlE r H:: (CongBeo 110S665-666/December 31,2011). .... ~, ~ ......... ~ . . ' . .~ ,.. ... .< . , hc--.... ·U. .' 2 Grant of certificate of prototypal plant or certificate 100,000 prototypal garden 3 Grant of certificate of laboratory or organization certificate 100,000 for certification of plant varieties, fertilizer and plant products 4 Grant of license for fertilizer export or import license 100,000 II Fees on forest tree varieties 1 Grant of license for export or import of forest tree license 100,000 varieties or gene sources 2 Grant of certificate of new forest tree variety certificate 100,000 3 Grant of certificate of origin of seed batch certificate 100,000 III Fees on plant variety protection 1 Grant of duplicate of plant variety protection title title 3~000 2 Modification or re-grant of plant variety title 100.000 protection title 3 Consideration for entitlement of preemptive right time 250,000 4 Registration of contract on transfer of rights to time 2~,OOO protected plant varieties 5 Grant of certificate of right representation service person/time 100,000 provision for plant varieties 6 Grant of card of examiner of rights to plant varieties person/t ime 100,000 7 Registration, modification of information on plant organ ization/ti me 100,000 variety right representation service provider; re grant of certificate of plant variety right representation service provision 8 Grant, re-grant, modification of certificate of organ izati on/ti me 100,000 plant variety right examination organization; re grant of examiner card 00 VIETNAM LAW LEGAl FOR ' . 30 m: FICIAt GA. 'ETTf Issue nos l{}..12lDecember 2011 (Gong Baa nos (,55-(t5(i/Decelllbcr 29,20 III Appendix 2. Charges in crop production and forest tree var-ieties No. Charge Unit of I Rate (VND) calculation ~-~ I Charges on plant varieties A Agricultural plant varieties I DUS (distinctness. uniformity. satiability) testing ~-DUS testing for seasonal plant varieties (short- variety 8,300,000 eerm plants) ..!JUS testing for annual crop varieties variety 11.000,000 .DUS testing for perennial crop varieties varietv 24.000.000 ,. ~US testing by the author 50% of-, testing ------------------------------------- --------------------- c.tl<l~t? ~il~e 2 VClJ (value for cultivation and use) testing for variety/crop/ 1.275,000 ~sonal plant varieties (rice, maize, peanut, soya) coint . ~ 3 ~minatjon of G 1 strain of short-term crop ..':10 strains or less l,SOO,OOn From the 21 'l to the 50 lh strain strain 75.000 ".£rom the 5 l'l to the looth strain strain 45,000 From the 10 lSI strain on strain 50.000 4 Examillalion o[ 02 strain of short-term crop 5 strains or less 1,800,000 ~ From the 61h to the 10lh strain strain 270.000 From the 11Ul to thc 2(ih strain strain 165,000 l'rom the 21" to the 3(l'1 strain strain 120,000 From the 31 'Ion strain lOO.OOO 5 Examination of short-term crop field (purebred): 5 hectares or less noint 1.050,000 M ore than 5 hectares hectare 215.000 .~~~~.~~~~~ ~~-~-~----~---~~-~-~~-~ 6 Exal~~na(~~rt.....9.f short-tern} crop ll~LdJ£.!:S~~sbred): \----.~~~~~~ ~--~ .5 hectares or less point 1,500,000 .. LAW l LeGAL FORU Issuenos 1O-12llkce1Jlb~rlOll OFF: ICIAL GAZE n Eo. (CongBao IIOS 655-656/Dccemhcr 29,20/1) 31 More than 5 hectares hectare 300,000 7 Strain sampling - 1-- - -- 2 samples or less/point point sco.coo J samples or more/point sample 225,000 8 Sample testing of breed seeds and tubers of agricultural plant varieties ,. All criteria on seed sample 4$0,000 1 criterion on seed sample ~,OOO Breed tuber testing: with virus testing sample 8()Q,Ooo Breed tuber testing: without virus testing sample 300,000 9 Post- and pre-testing of short-term crop varieties ..., 10 - Pre-basic paren t strain sample 1,050,000 Basic, certified, FJ strain sample 725,000 Ii Industrial and perennial fruit trees ~, Appraisal and recognition of prototypal plants plant 1,UOO,000 Appraisal and re-recognition of prototypal plant l.400,000 plants ,. Appraisal and recognition of prototypal gardens garden 500,000 Appraisal and re-recognition of prototypal gardens "strain 350.000 Examination of seedlings, except tea LOOO plants 400,000 Examination of tea seedlings I .ooo plants 5'0,000 ,,' 12 Council for recognition of new agricultural plant variety 4,500,000 varieties 13 Appraisal for appointment of VCU testing time 1«(000,000 establishments B Forest tree varieties 1 Council for recognition of new forest tree variety 4'iOO,000 varieties 2 Recognition of dominant trees tree 450.000 - I- - - - 3 Recognition of prototypal gardens strain 1,000,000 o AM LAW1- L ].: 32 t)f nC\Al GA. F 1H Issue nos lO-12!Dccember2011 (Cong £JEW 110\ ()55~656/Dectlllber 29, 2()}}} 4 Appraisal lUl re-rccognition of prototypal sll ain 475.000 gardens 5 Recngnition of used forest estates strain 750,000 6 Recognition of breed forests, seedling nurseries forest nursery 2,750J}()(} 7 Recognition of origin of seed batches batch 750,()()O II Charges for plant variety protection ..... -1 1 Appraisal of applications time 2,OOOJlOO 2 Eor re-appraisal of the application at an time I J)()(l,OOO a:pplicant's request, the applicant shall pay 50% ~the charge of the first time 3 Maintenance of effect of plant variety protection ~le ':From the 1" to the Ttl year variety/year 3,000,000 :'From the 4th to the 6thyear variety/year 5,000.000 kom the 7thto the 9thyear variety/year 7,000,000 ~. ~'From the 10th to the 15'h year variety/year 10,000.000 ."-..' From the 16thyear to the time the plant variety variety/year 20,000.000 protection title expires 4 Appraisal of request for restoration of validity of application 1,200,000 . pIant variety protection title III Charges for recognition (appointment), supervision of laboratories and certification 0fJ31lizations in crop producuon 1 Inter-section testing laboratory/ 4.500.000 time 2 Appointment and supervision of laboratories and certification organizations Appointment laboratory, 15.UOO.OOO urgalliLaliun/tilflt: Supervision laboratory, 7.500,000 \ orgllnizlltionltime .0 ~. LA LEGAL fOkUM