Introduction to the investment preferential policies and procedures The investors who have investment projects in Vietnam will enjoy investment preferentials according to the fields and locations as regulated in Decree No. 108/2006/NĐ-CP of 22 September, 2006,
Of the Prime Minister regulating in detail and guiding the implementation of some articles in the Investment Law, detailed as follows:
- Special preferential investment fields (shortly called Portfolio A)
- Preferential investment field (shortly called Portfolio B)
- The list of areas with special socio-economic disadvantages subject to investment preferentials (shortly called Area 1)
- The list of areas with socio-economic disadvantages subject to investment preferentials (shortly called Area 2)
- The investment projects in the special investment preferential fields subject to investment preferentials as with the investment projects in the areas with special socio-economic disadvantages.
SPECIFIC INVESTMENT PREFERENTIAL FORMS AND POLICIES:
- Preferentials on corporate income tax
- Preferentials on import taxes
- Preferentials on land use tax, land use fee, land rent and water surface rent
PROCEDURES OF INVESTMENT PREFERENTIAL IMPLEMENTATION
+ Investors of domestic investment projects not subject to investment registration and those subject to investment registration must base on the investment preferentials and investment preferential conditions regulated by the law to self identify the preferentials and carry out the procedures to benefit from the investment preferentials at the authoritative state agencies.
+ In case the investors require preferential investment confirmation, they have to complete the procedures to register their investment for the investment management state agency to confirm the investment preferential in their Investment Certificate.
+ As for domestic investment projects subject to investment investigation that have met all the preferential conditions, the investment management agency shall confirm. their investment preferential in the Investment Certificate.
+ As for foreign capital investment projects that have met the conditions and are about to get the preferential, the investment management agency will write their investment preferential in the Investment Certificate.
ADJUSTMENT AND ADDITION OF INVESTMENT PREFERENTIALS
+ During the implementation of the investment projects, if the investors meet the conditions to get further investment preferentials, they are entitled to such preferentials and can ask the Investment Licensing agency to adjust or add such investment preferentials in the investment certificate already granted.
+ In the process of implementing the investment project, if the investors cannot meet the investment preferential conditions, they will not be able to enjoy the investment preferentials.
+ The state management agency in charge of investment preferentials is responsible for informing in writing the Investment certificate granting agency of the investors’ failing to meet the investment preferential conditions.
INVESTMENT PREFERENTIAL APPLICATION
+ Those investors who have enjoyed the investment preferentials according to the regulations of the Domestic Investment Promotion Law, the Foreign Investment Law in Vietnam, the Law on Cooperatives and the Tax Law shall continue to enjoy such investment preferentials.
+ Those investors whose investment projects are being deployed and are the objects regulated in Article 24 Decree No. 108/2006/NĐ-CP of 22 September, 2006 of the Prime Minister regulating in detail and instructing the implementation of a number of items in the Investment Law can enjoy the investment preferential during the remaining preferential time since this Decree came into effect.
+ In case the newly issued laws and policies offer more favourable benefits and preferentials than those the investors enjoyed before that, the investors can enjoy the new benefits and preferentials during the remaining preferential time (if applicable) since such new laws or policies came into effect.
In case any international agreements of which Vietnam is a signatory have regulations different from the above ones, such regulations shall be applied.