Chương 4 Nghị định 108/2006/NĐ-CP: Lĩnh vực, địa bàn ưu đãi đầu tư; ưu đãi và hỗ trợ đầu tư

Chapter IV

DOMAINS AND GEOGRAPHICAL AREAS ENTITLED TO INVESTMENT PREFERENCES; INVESTMENT PREFERRECENS AND SUPPORTS

Section I. INVESTMENT PREFERENCES

Article 22.- Domains and geographical areas entitled to investment preferences

1. The list of domains entitled to investment preferences, including domains entitled to special investment preferences and domains entitled to investment preferences, is included in Appendix I to this Decree.

2. The list of geographical areas entitled to investment preferences, including geographical areas facing extremely difficult socio-economic conditions and geographical areas with difficult socio-economic conditions, is included in Appendix II to this Decree.

3. Investment projects in the domains entitled to special investment preferences defined in Appendix I to this Decree are eligible for investment preferences like investment projects located in geographical areas with extremely difficult socio-economic conditions defined in Appendix II to this Decree.

Article 23.- Conditional investment domains and domains banned from investment

1. Condition investment domains and domains banned from investment are defined in Articles 29 and 30 of the Investment Law.

2. The list of conditional investment domains applicable to foreign investors is included in Appendix III to this Decree. The list of domains banned from investment is included in Appendix IV to this Decree.

Article 24.- Subjects entitled to investment preferences

Investors having investment projects, including expansion investment projects, in domains or geographical areas entitled to investment preferences defined in this Decree are entitled to investment preferences in accordance with the Investment Law and relevant laws.

Article 25.- Enterprise income tax and import duty preferences

1. Investors having investment projects in domains or geographical areas entitled to investment preferences defined in this Decree are entitled to enterprise income tax preferences in accordance with the law on enterprise income tax.

2. Investors having investment projects in domains or geographical areas entitled to investment preferences defined in this Decree are entitled to import duty preferences for imports in accordance with the law on import and export duties.

Article 26.- Preferences related to land use tax, land use levy, land rent and water surface rent

Investors to whom the State assigns land without collection of land use levies, assigns land with collection of land use levies or the State leases land and who have investment projects in domains or geographical areas entitled to investment preferences defined in this Decree are entitled to exemption from or reduction of land use tax, land use levy, land rent or water surface rent in accordance with the land law and the taxation law.

Article 27.- Procedures for implementation of investment preferences

Procedures for implementation of investment preferences shall be as provided in Article 38 of the Investment Law.

Article 28.- Adjustment and supplementation of investment preferences

1. If, during execution of an investment project, an investor satisfies conditions for enjoying more investment preferences, the investor is entitled to these investment preferences and has the right to request the investment certificate-granting agency to adjust and supplement investment preferences defined in the granted investment certificate.

2. If, during execution of an investment project, an investor fails to satisfy conditions for enjoying investment preferences, the investor is not entitled to these investment preferences.

3. The state management agency implementing investment preferences shall notify in writing the investment certificate-granting agency of the investors failure to satisfy the conditions for entitlement to investment preferences.

Article 29.- Application of investment preferences

1. An investor currently entitled to investment preferences under the provisions of the Law on Domestic Investment Promotion, the Law on Foreign Investment in Vietnam, the Cooperatives Law and tax laws continues to be entitled to these investment preferences.

2. An investor who has a currently operating investment project and falls into the subject defined in Article 24 of this Decree continues to be entitled to investment preferences for the remaining preference period following the effective date of this Decree.

3. When a newly promulgated law or policy provides benefits and preferences higher than those that an investor are currently enjoying, the investor is entitled to the new benefits and preferences for the remaining preference period (if any) following the effective date of the new law or policy.

4. If a treaty to which Vietnam is a contracting party contains provisions different from those of Clauses 1, 2 and 3 of this Decree, the provisions of Article 3 of this Decree shall be applied.

Section II. INVESTMENT SUPPORTS

Article 30.- Technology transfer supports

1. The Government shall create favorable conditions for and shall ensure legitimate rights and interests of technology transfer parties, including capital contribution in technology to execute investment projects in Vietnam in accordance with the intellectual property law and the technology transfer law.   

The value of a technology used for capital contribution or of a transferred technology shall be as agreed by the parties and stated in the technology transfer contract.

2. The Government shall encourage the transfer into Vietnam of advanced technology, source technology and other technologies for the creation of new products, raising of production capability, competitiveness, product quality, conservation and efficient use of raw materials, fuels, energy and natural resources; and shall encourage investment in technology renewal, improvement of management capability and use of technology.

3. On the basis of socio-economic development objectives, the Government shall adopt policies to support small- and medium-sized enterprises and cooperatives to invest in research and development of technology and technology transfer.

4. The rights and obligations of technology transfer parties and the process and procedures for technology transfer shall be as provided in the technology transfer law.

Article 31.- Training supports

1. The Government shall encourage and support investors to set up training support funds from capital contributions and aid from organizations and individuals at home and abroad as follows:

a/ Training support funds shall be set up and operate for non-profit purposes, and are eligible for tax exemption and reduction in accordance with the taxation law;

b/ Training expenses paid by economic organizations shall be accounted as reasonable expenses when determining taxable enterprise income.

2. The Government shall provide supports from the budget for the training of laborers in economic organizations through the human resource training support programs.

3. The Government shall adopt plans and programs to support the training of human resources for small- and medium-sized enterprises.

Article 32.- Supports for development investment and investment services

1. The Government shall provide development investment supports for projects that satisfy the following conditions:

a/ Projects in important branches or domains under major economic programs which directly affect economic restructuring or accelerate sustainable economic growth but where the State does not grant and commercial banks do not provide loans on normal conditions because of risk factors;

b/ Projects complying with the provisions of law;

c/ Projects complying with the provisions of treaties to which Vietnam is a contracting party.

2. Credit support for investment development shall be provided in accordance with the law on the States credit for development investment.

3. The Government shall encourage and support organizations and individuals, irrespective of their economic sector, to provide the following investment support services:

a/ Investment consultancy, management consultancy;

b/ Intellectual property consultancy, technology transfer consultancy;

c/ Vocational training, technical and management skills training;

d/ Supply of market information, scientific, technical and technological information and socio-economic information upon request of investors;

e/ Marketing, investment and trade promotion;

f/ Establishment of and participation in social and socio-professional organizations in accordance with law;

g/ Establishment of design centers and testing centers to support the development of small- and medium-sized enterprises.

Article 33.- Supports for investment in the construction of infrastructure outside the fences of industrial parks, export processing zones and hi-tech parks

1. The Government shall encourage and adopt preferential policies for all economic sectors to invest in building technical infrastructure works and social infrastructure outside the fences of industrial parks, export processing zones and hi-tech parks.

2. On the basis of the Prime Minister-approved master plan on development of industrial parks, export- processing zones, hi-tech parks and economic zones, ministries, branches and Peoples Committees of provinces and centrally run cities (below referred to as provincial-level Peoples Committees) shall work out  investment plans and organize the building of technical infrastructure works and social infrastructure outside the fences of industrial parks, export processing zones, hi-tech parks and economic zones.

3. Provincial-level Peoples Committees shall balance local budgets to support investment in the building of technical infrastructure works and social infrastructure outside the fences of industrial parks, export processing zones, hi-tech parks and economic zones.

Article 34.- Supports for investment in infrastructure systems inside the fences of industrial parks and export processing zones

1. The Prime Minister shall stipulate the conditions, principles, limits and construction components eligible for central budget supports in some localities with difficult socio-economic conditions and in geographical areas with extremely difficult socio-economic conditions so that local administrations can join investors in investing in the development of technical infrastructure systems inside the fences of industrial parks and export processing zones.

2. Provincial-level Peoples Committees shall balance local budgets to support investors to invest in the development of technical infrastructure systems inside the fences of industrial parks and export processing zones.

Article 35.- Modes of investment in technical infrastructure systems in industrial parks and export processing zones

1. One or more investors may invest in and commercially operate technical infrastructure systems in industrial parks or export processing zones. They  shall  ensure compliance and consistence with the detailed plannings on the building of industrial parks and export processing zones already approved by competent authorities; and shall clearly define the rights and obligations of each investor.

2. For geographical areas with extremely difficult socio-economic conditions, on the basis of the practical local conditions, provincial-level Peoples Committees shall submit to the Prime Minister for permission the establishment of revenue-generating non-business units to act as investors of investment projects on building and commercial operation of technical infrastructures in industrial parks or export processing zones.

Article 36.- Supports for investment in developing technical infrastructure systems in economic zones and hi-tech parks

1. The Government shall provide supports from the investment capital source of the budget for the following cases:

a/ Investment in developing technical infrastructure systems and social infrastructures outside functional zones and important public service facilities in economic zones;

b/ Compensation for ground clearance within functional zones, resettlement and re-sedentarization for households whose land is recovered;

c/ Investment in concentrated wastewater and waste treatment facilities of functional zones.

2. The Government shall encourage and adopt preference policies for investors of all economic sectors to invest in developing technical infrastructure systems and social infrastructure in economic zones.

3. The Prime Minister shall decide on modes of mobilizing capital from other sources for investment in developing technical infrastructure systems and social infrastructures in economic zones.

4. Supports for investment in developing infrastructure systems in hi-tech parks shall be provided in accordance with the law on hi-tech parks.