Additional entities eligible for investment incentives in Vietnam as of January 1, 2021

The Law on Investment 2020 was officially approved by the XIV National Assembly on June 17, 2020, with many remarkable contents, notably the amendments to subjects eligible for investment incentives in Vietnam as of January 1, 2021.

Additional entities eligible for investment incentives in Vietnam as of January 1, 2021

Additional entities eligible for investment incentives in Vietnam as of January 1, 2021 (Internet image) 

Specifically, according to Clause 2, Article 15 of the Law on Investment 2020, entities eligible for investment incentives in Vietnam as of January 1, 2021:

- Investment projects in business lines eligible for investment incentives specified in Clause 1 Article 16 of the Law on Investment 2020;

- Investment projects located in the areas eligible for investment incentives specified in Clause 2 Article 16 of the Law on Investment 2020;

- Any investment project whose capital is at least VND 6,000 billion of which at least VND 6,000 billion is disbursed within 03 years from the issuance date of the investment registration certificate or the approval for investment guidelines and which satisfies any of the following criteria: the total revenue is at least VND 10,000 billion per year within 03 years from the year in which the revenue is earned or the project has more than 3,000 employees; (Currently, the Law on Investment 2014 does not stipulate this regulation)

- Projects on investment in social housing construction; investment projects located in rural areas and employing at least 500 employees; investment projects that employ persons with disabilities in accordance with regulations of law on persons with disabilities. (Currently, Law on Investment 2014 only stipulates investment projects located in rural areas and employing at least 500 employees)

- Hi-tech enterprises, science and technology enterprises and science and technology organizations; projects involving transfer of technologies on the List of technologies the transfer of which is encouraged in accordance with regulations of the Law on Technology Transfer, science and technology enterprise incubators prescribed by the Law on High Technologies and Law on Science and Technology; (Currently, the Law on Investment 2014 only stipulates Hi-tech enterprises, science and technology enterprises and science and technology organizations)

- Start-up projects, national innovation centers and research and development centers; (newly added in the Law on Investment 2020)

Investment in business in small and medium-sized enterprises’ product distribution chain; investment in business in technical establishments supporting small and medium-sized enterprises, small and medium-sized enterprise incubators; investment in business in co-working spaces serving small and medium-sized enterprises and startups prescribed by the Law on Small and Medium-Sized Enterprises. (newly added in the Law on Investment 2020)

In addition to amending entities eligible for investment incentives in Vietnam, the Law on Investment 2020 also amends regulations on forms of investment incentives. Thus, from January 1, 2021, forms of investment incentives include:

- Corporate income tax incentives, including application of a lower rate of corporate income tax for a certain period of time or throughout the investment project execution; exemption from and reduction of tax and other incentives prescribed by the Law on Corporate Income Tax.

- Exemption from import tax on goods imported to form fixed assets; raw materials, supplies and components for manufacturing purposes in accordance with regulations of law on import and export tax;

- Exemption from and reduction of land levy and land rents;

- Accelerated depreciation, increasing the deductible expenses upon calculation of taxable income. (newly added in the Law on Investment 2020)

More details can be found in the Law on Investment 2020 which comes into force from January 1, 2021.

Nguyen Trinh

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