Chương II Nghị định 94/2020/NĐ-CP: Cơ chế, chính sách ưu đãi đối với trung tâm và cá nhân, tổ chức khởi nghiệp sáng tạo hoạt động tại trung tâm

Chapter II

PREFERENTIAL MECHANISMS AND POLICIES FOR NIC, ENTREPRENEURS, INNOVATIVE STARTUP PERSONS OR ENTITIES WORKING OR OPERATING AT THE NIC

Section 1. GENERAL PREFERENTIAL MECHANISMS AND POLICIES

Article 4. General developmental preferential mechanisms, policies and incentives

1. The State adopts incentives, preferential and support mechanisms and policies to create the most favorable research, development and investment environment for the NIC in order to attract domestic and foreign talents, professionals, large technology corporations and enterprises throughout the country and from countries with the developed technology level to actualize ideas or concepts on the basis of exploiting new and potentially fast-growing intellectual property, technologies, and business models.

2. The NIV may enjoy the most preferential mechanisms and policies and the most advantageous administrative procedures in accordance with the law to support and develop the startup and innovation ecosystem as a way to contribute to innovating the growth model on the basis of science and technology development.

3. Preferences and incentives shall be offered to relevant startup, telecom, information technology, automation and other businesses that locate their offices, research and development departments at the NIC for the purpose of developing the innovation ecosystem inside the NIC.

Article 5. Visas and foreign workers

1. Aliens may be granted multiple entry visas of which the validity is corresponding to the time they work directly at the NIA under the guidance of the Ministry of Public Security, including:

a) Those working at the NIC, including employees, experts and scientists of the NIC, startup businesses working or operating at the NIC, and partners supporting innovation and entrepreneurs;

b) Family members (e.g. natural parents, spouses, natural or adopted children under 18 years old) of those referred to in point a of this clause.

2. Overseas Vietnamese, foreign experts working at the NIC may be granted work permits by the Management Board of Hoa Lac Hi-Tech Park in accordance with the simplified processes and procedures.

3. The Head of the Management Board of Hoa Lac Hi-Tech Park shall consider issuing the decision to approve the NIC's plan to employ foreign workers at the Hoa Lac Hi-Tech Park.

Article 6. Investment loan incentives

1. Investment projects of entrepreneurs and startup businesses working or operating at the NIC and the NIC's investment projects on the list of projects funded by State investment credit loans shall be given preferential treatment in case of taking out state preferential loans at the Vietnam Development Bank in accordance with the law.

2. The NIC itself, entrepreneurs, startup businesses  working or operating at the NIC may receive grants, financial aids, support, loans and loan guarantees from the National Technology Innovation Fund, the National Science and Technology Development Fund, the Small and Medium-sized Enterprise Development Fund and science and technology development funds of provinces and centrally-run cities in accordance with the law.

Section 2. PREFERENTIAL MECHANISMS AND POLICIES FOR THE NIC

Article 7. Incentives for use of land and acquisition of its office premises

1. The NIC shall be entitled to lease land for 50 years in hi-tech zones and shall be exempted from paying land rentals for the entire lease term.

2. As for the NIC’s office premises located at Hoa Lac Hi-tech Park:

a) They shall be exempted from infrastructure and facility fees for leased land plots inside sites subject to the requirement for payment of infrastructure and facility fees if the infrastructure or facilities that they use are developed by using state funds;

b) They shall be exempted from all compensation, site clearance, support and residential relocation costs and expenses;

c) The state budget shall support them in paying all costs of ground leveling and backfilling work for projects on investment in construction of the NIC’s office premises and facilities. 

Article 8. Acceptance of support, aids, grants and donations

1. The NIC may receive non-refundable official development assistance (ODA) aids to perform irregular tasks in accordance with the law on the use of non-refundable ODA aids.

2. The NIC shall be entitled to receive foreign non-governmental aids, grants and donations from domestic organizations and individuals to invest in building facilities, finance recurrent expenditures, support activities, management and operation of the NIC.

Article 9. Tax incentive

1. NIC shall be granted an exemption from duties goods imported to acquire fixed assets, goods imported for direct use in scientific research, technology development, technology incubation development, science and technology enterprise incubation and technological innovation in accordance with the Law on Export Duty and Import Duty.

2. As for the NIC’s office premises located at Hoa Lac Hi-tech Park:

a) They may enjoy a 10% corporate income tax rate for 30 years from the first year when their revenue is earned, a tax exemption for 04 years and a 50% reduction of the tax amount payable for no more than 9 subsequent years from the date on which their taxable income is earned;

b) They may be exempted from duties on importation of raw materials, supplies and components which cannot be produced domestically for production purposes for 5 years from the date of production commencement.

3. As for NIC’s office premises located outside of Hoa Lac Hi-tech Park:

They may enjoy corporate income tax incentives as applicable to the NIC itself according to Point a of Clause 2 of this Article under the law on corporate income tax.

Section 3. PREFERENTIAL MECHANISMS AND POLICIES FOR INNOVATIVE STARTUP ENTITIES AND PERSONS WORKING OR OPERATING AT THE NIC

Article 10. Startup business’s participation in bidding

1. When bidding for bids falling under the jurisdiction of the Bidding Law, startup businesses operating at the NIC shall be granted an exemption from a number of criteria for evaluation of prequalification applications, bidding packages, and proposals for the bidder's competence and experience, including revenue, financial resource, similar contract and other requirements, which is relevant in terms of their particular characteristics.

2. When evaluating and ranking bid packages, proposals, bidders who are small or extra-small start-up businesses operating at the NIC shall be entitled to incentives as applicable to bidders supplying goods with their domestic production costs accounting for 25% or more in accordance with regulations of law on bidding, and the incentive calculation method shall conform to the Government’s current regulations on contractor selection.

Article 11. NIC’s support

Entrepreneurs or startup businesses working or operating at the NIC, and the NIC’s partners supporting innovation shall be entitled to the NIC's support as follows:

1. Providing the NIC’s support in the completion of administrative procedures in the process of research, investment, trading and commercialization of their products and services.

2. Providing the NIC’s support in the application for entry visas, work permits and residence permits.

3. Providing the NIC’s support in advertising and promoting investment and being connected to the startup and innovation ecosystem.

4. Providing the NIC’s support in having access to the NIC’s offices, laboratories, testing or experimenting facilities, means or amenities.

Article 12. Enterprise registration and establishment of industrial property rights

1. When applying for enterprise registration, entrepreneurs and startup businesses working or operating at the NIC shall be granted enterprise registration within 1 business day from the date on which the Business Registration Division receives valid applications for enterprise registration.

2. Entrepreneurs and startup businesses working or operating at the NIC shall be given priority to complete procedures for establishing industrial property rights ahead of the appointment date upon request.

Article 13. Other preferential mechanisms and policies

Entrepreneurs or startup businesses working or operating at the NIC, and the NIC’s partners supporting innovation shall be entitled to the following preferential mechanisms and policies:

1. They may raise and receive funding from research funding programs of the Government and domestic and foreign enterprises, organizations and individuals in accordance with the law to put their ideas or concepts into practice on the basis of exploitation of new and fast-growing intellectual property, technologies, and business models.

2. They shall have access to utmost tax incentives prescribed in law on taxes.