Chương 5 Nghị định 51/1999/NĐ-CP: Điều khoản thi hành

Chapter V

IMPLEMENTATION PROVISIONS

Article 46.- Implementation effect

1. This Decree takes effect 15 days after its promulgation and replaces the Government’s Decree No. 07/1998/ND-CP of January 15, 1998 guiding the implementation of the Law on Domestic Investment Promotion. The earlier stipulations which are contrary to this Decree are all now annulled.

2. Investment projects, which have been enjoying preferences under the Law on Domestic Investment Promotion before June 22, 1994 or under the Government’s Decree No.07/1998/ND-CP of January 15, 1998 detailing the implementation of the Law on Domestic Investment Promotion, shall continue enjoying such investment preferences till the expiry of the remaining duration stated in the investment preference certificates. The profit tax preferences stated in the investment preference certificates shall be converted into the enterprise income tax preferences as from January 1st, 1999. The income tax preferences stated in the investment preferential treatment certificates shall apply till December 31, 1998. For production, construction or transport projects which have been granted investment preference certificates stating the income tax reduction, if the reduction duration has not expired, they shall be eligible for the maximum reduction level of value added tax as prescribed in Article 28 of the Value Added Tax Law and Article 20 of the Government’s Decree No. 28/1998/ND-CP of May 1st, 1998 detailing the implementation of the Value Added Tax Law.

3. For projects, which have been granted investment preferences certificates under the Law on Domestic Investment Promotion before June 22, 1994 or under the Government’s Decree No.07/1998/ND-CP of January 15, 1998 detailing the implementation of the Law on Domestic Investment Promotion and which are eligible for additional preferences in term of land-use tax exemption/reduction, land-use levy and land-rent exemption/reduction as well as in term of enterprise income tax, import tax exemption, investment credits, export credits, investment credit guaranty and export credit guaranty provided for in this Decree, the agencies that have issued such investment preference certificates shall, according to their competence, adjust or add preferences for the remaining preferential duration, after this Decree takes effect.

4. For production and business establishments which are operating and eligible for investment support and preferences but have not yet applied for the investment preference certificates, if they submit the dossiers of application for investment preference certificates, they shall be considered and granted the investment preference certificates by the agencies competent therefor so as to enjoy the support and preferences throughout the remaining execution duration of the projects, counted from the date the Law on Domestic Investment Promotion (amended) takes effect.

5. For investment preference certificates granted under the Government’s Official Dispatch No.109/CP-CN of February 2, 1999 providing the provisional guidance applicable in the period of transition to the application of Law No.03/1998/QH10 on Domestic Investment Promotion (amended), if the preference levels are inscribed only with the entitlement duration, the investors shall send official dispatches to the agencies that have issued them the investment preferences certificates, requesting the latter to make adjustments in accordance with this Decree.

Article 47.- Dealing with tax amounts already paid and remaining problems

1. The State shall not reimburse taxes and other payments made under financial obligations by the investors during the time before the Law on Domestic Investment Promotion (amended) takes effect.

2. Where changes in the provisions of the Law on Domestic Investment Promotion (amended) cause damage to the interests of investors who have investment projects eligible for investment preferences under the Law on Domestic Investment Promotion, the agencies which grant the investment preferences shall consider to let the investors to continue enjoying the prescribed preferences for the remaining period after this Decree takes effect or shall assume the prime responsibility and coordinate with the relevant agencies in satisfactorily settling the investors’ interests.

Article 48.- Responsibilities of the State agencies in the implementation of the Decree.

1. The Ministry of Planning and Investment shall have to monitor and urge the implementation of this Decree and shall once every six months have to submit to the Government a sum-up report on the implementation of the Decree as well as the newly-arising problems for handling.

2. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.