What documents are included in the application dossiers for grant or re-grant of recognition of enterprises serving both business and national defence and security functions in Vietnam?

What are conditions for an enterprise to be qualified as an enterprise serving both business and national defence and security functions in Vietnam?

Pursuant to Article 4 of the Decree 16/2023/NĐ-CP stipulating conditions for an enterprise to be qualified as an enterprise serving both business and national defence and security functions in Vietnam as follows:

Enterprises serving both business and national defence and security functions

To qualify as an enterprise serving both business and national defence and security functions, an enterprise must satisfy all of the conditions mentioned hereunder:

1. It is an enterprise with a half of its charter capital owned by the State, or its total voting share held by the Ministry of National Defence or the Ministry of Public Security that acts as the representative of state ownership interest in the enterprise.

2. It is assigned directly by the Ministry of National Defence or the Ministry of Public Security, or by the competent body or the managing body under the Ministry of National Defence or the Ministry of Public Security, to produce and supply national defence and security products and services; to perform national defence and security tasks with the objective of meeting regular or irregular national defence or security tasks; to execute investment projects associated with national defence secrets, important national defence missions, or investment projects located in areas of a crucial national defence and security value.

As regulations above, an enterprise shall be qualified as an enterprise serving both business and national defence and security functions in Vietnam if:

- It is an enterprise with a half of its charter capital owned by the State, or its total voting share held by the Ministry of National Defence or the Ministry of Public Security that acts as the representative of state ownership interest in the enterprise.

- It is assigned directly by the Ministry of National Defence or the Ministry of Public Security, or by the competent body or the managing body under the Ministry of National Defence or the Ministry of Public Security with following tasks:

+ Produce and supply national defence and security products and services;

+ Perform national defence and security tasks with the objective of meeting regular or irregular national defence or security tasks;

+ Execute investment projects associated with national defence secrets, important national defence missions, or investment projects located in areas of a crucial national defence and security value.

What are policies applied to enterprises serving both business and national defence, security functions, and their employees in Vietnam?

Pursuant to Article 8 of the Decree 16/2023/NĐ-CP stipulating policies applied to enterprises serving both business and national defence, security functions, and their employees in Vietnam as follows:

- Receiving incentives related to land rents, land use fees and levies imposed on plots that they are authorized to manage and use for national defence and security tasks in accordance with laws on land, taxes and other relevant laws.

- Receiving the State funding and other resources to meet the prescribed normed expenditures, including:

+ Annual expenditures on military equipment; expenditures on demobilization or discharge from military service, and termination of work according to the current policies applied to officers and professional soldiers, defense workers, defense officers, non-commissioned officers, public security workers, cipher personnel;

+ Expenditures on payment of wages, salaries, social insurance premiums before retirement according to the current pension policies applied to officers, professional soldiers, defense workers, defense officers, public security workers, public security workers, and cipher personnel.

- Enterprises may count their operating expenses, and expenditures set as support for military, national defense and security activities, and military-civilian relations according to plans and tasks assigned directly by the Ministry of National Defense or the Ministry of Public Security, or by specialized agencies or managing bodies immediately under the Ministry of National Defense or the Ministry of Public Security, as the deductibles from the income subject to the corporate income tax according to the regulatory provisions of the Law on Corporate Income Tax, and instructional documents thereof.

What documents are included in the application dossiers for grant or re-grant of recognition of enterprises serving both business and national defence and security functions in Vietnam?

Pursuant to Article 11 of the Decree 16/2023/NĐ-CP stipulating the application dossiers for grant or re-grant of recognition of enterprises serving both business and national defence and security functions in Vietnam as follows:

Application dossiers for grant or re-grant of recognition of enterprises directly serving national defence and security functions; and enterprises serving both business and national defence and security functions

An application dossier for grant or re-grant of recognition of enterprises directly serving national defence and security functions; and enterprises serving both business and national defence and security functions, shall include:

1. Company's name; business line, sector and location of ​​operation of the enterprise; defense and security products, services and tasks assigned by the Ministry of National Defense, the Ministry of Public Security, or the parent company with 100% of charter capital held by the State under the management of the Ministry of National Defense or the Ministry of Public Security within 5 years until submission of application for approval.

2. Reporting of the actual operation of the enterprise within 5 years until submission of application for consideration of approval; provision of data on charter capital, equity, after-tax profit, payment into the state budget, total liabilities, total number of employees..., information on the assigned land.

3. Reporting of actual condition of production and supply of national defense and security products, services and tasks assigned by or performed under the mandate from the Ministry of National Defense, the Ministry of Public Security, or the parent company with 100% of charter capital held by the State under the management of the Ministry of National Defense or the Ministry of Public Security within 5 years until submission of application for approval.

4. Development objectives and plans of the enterprise in the next 5 years from the time of application for approval.

5. Other matters related to grant or re-grant of recognition of enterprises directly serving national defense and security functions, and enterprises serving both business and national defense, security functions (if any); written documents and materials related to national defense and security tasks assigned by or performed under the mandate from the Ministry of National Defense or the Ministry of Public Security; or the parent company with 100% of charter capital held by the State under the management of the Ministry of National Defense or the Ministry of Public Security; competent authorities or managing bodies immediately under the Ministry of National Defense or the Ministry of Public Security.

As regulations above, the application dossiers for grant or re-grant of recognition of enterprises serving both business and national defence and security functions in Vietnam are:

- Company's name; business line, sector and location of ​​operation of the enterprise;

- Defense and security products, services and tasks assigned by the Ministry of National Defense, the Ministry of Public Security, or the parent company within 5 years until submission of application for approval

- Reporting of the actual operation of the enterprise within 5 years until submission of application for consideration of approval

- Provision of data on charter capital, equity, after-tax profit, payment into the state budget, total liabilities, total number of employees..., information on the assigned land

- Reporting of actual condition of production and supply of national defense and security products, services and tasks assigned by or performed under the mandate from the Ministry of National Defense, the Ministry of Public Security, or the parent company with 100% of charter capital held by the State under the management of the Ministry of National Defense or the Ministry of Public Security within 5 years until submission of application for approval.

- Development objectives and plans of the enterprise in the next 5 years from the time of application for approval.

- Other matters related to grant or re-grant of recognition of enterprises directly serving national defense and security functions, and enterprises serving both business and national defense, security functions (if any)

- Written documents and materials related to national defense and security tasks assigned by or performed under the mandate from the competent authorities.

Best regards!