Instructions for determination of areas eligible for investment incentives in case of change of administrative divisions in Vietnam

Instructions for determination of areas eligible for investment incentives in case of change of administrative divisions in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Instructions for determination of areas eligible for investment incentives in case of change of administrative divisions in Vietnam

Determination of areas eligible for investment incentives in case of change of administrative divisions in Vietnam according to Article 21 of Decree 31/2021/ND-CP is as follows:

- If a new administrative division is established under the Resolution of the National Assembly Standing Committee or the Government on adjustment of administrative divisions (full division, partial division or upgrading of old administrative divisions affiliated to areas eligible for investment incentives) due to the arrangement or adjustment of commune-level administrative divisions in areas with different socio-economic conditions that have yet to be considered as areas eligible for investment incentives, follow the instructions below:

+ The newly established administrative division shall be considered as an area eligible for investment incentives enjoyed by the majority of commune-level administrative divisions;

+ If the number of commune-level administrative divisions in a disadvantaged area equals that in an extremely disadvantaged area, the newly established administrative division shall be considered as an extremely disadvantaged area;

+ If the number of commune-level administrative divisions in a disadvantaged area equals that in an area not affiliated to the area eligible for investment incentives, the newly established administrative division shall be considered as a disadvantaged area;

+ If the number of commune-level administrative divisions in an extremely disadvantaged area equals that in an area not affiliated to the area eligible for investment incentives, the newly established administrative division shall be considered as an extremely disadvantaged area.

- Upon adjusting an administrative division, the adjusted commune-level administrative division is entitled to the investment incentives applied to the district-level administrative division to which it belongs.

2. Rules for applying investment incentives in Vietnam

Rules for applying investment incentives in Vietnam according to Article 20 of Decree 31/2021/ND-CP are as follows:

- The investment projects specified in Clause 3 Article 19 of Decree 31/2021/ND-CP are eligible for the same investment incentives as prescribed for investment projects in extremely disadvantaged areas.

- The investment projects located in rural areas employing at least 500 employees and projects employing persons with disabilities specified in Points b and c Clause 4 Article 19 of Decree 31/2021/ND-CP are eligible for the same investment incentives as prescribed for investment projects in disadvantaged areas.

- Investment projects in business lines eligible for investment incentives in disadvantaged areas are eligible for the same investment incentives as prescribed for investment projects in extremely disadvantaged areas.

- The specific investment incentives for the investment projects mentioned in Clauses 1, 2 and 3 of Article 20 of Decree 31/2021/ND-CP shall be applied in accordance with regulations of law on tax, accounting and land.

- Regarding an investment project that is eligible for various levels of investment incentive at the same time, the highest level shall apply.

- Special investment incentives and assistance for the investment projects prescribed in Clause 2 Article 20 of the Law on Investment 2020 shall be applied as follows:

+ Level and duration of application of special investment incentives regarding corporate income tax and land and surface water rents shall comply with regulations of the Law on Corporate Income Tax 2008 and law on land;

+ Special investment incentives and assistance shall be applied to the National Innovation Center established under the Prime Minister's decision and its affiliates located outside its headquarters;

+ Any investor submitting a proposal for application of special investment incentives must undertake to satisfy the conditions concerning business lines in which such investor invests, registered total investment capital and duration of disbursement as specified in Points a and b Clause 2 Article 20 of the Law on Investment 2020 and other conditions written on the investment registration certificate, decision on approval for investment guidelines or written agreement with a competent authority under the Prime Minister’s Decision;

+ The Prime Minister shall decide on level and duration of application of special investment incentives according to the criteria concerning high technology, technology transfer and Vietnamese enterprises joining domestic production chain and value for the investment projects in Clause 2 Article 20 of the Law on Investment 2020.

- Investment incentives shall be applied as follows in the case of full division, partial division, consolidation, merger and conversion of type of a business organization (hereinafter referred to as “business organization re-organization”); full division, partial division, merger and transfer of an investment project:

+ Any business organization which is formed on the basis that it is re-organized or the investment project is transferred to the investor is entitled to inherit the investment incentives (if any) to which the investment project is entitled before the re-organization or transfer if it still satisfies the conditions for investment incentives;

+ Any investment project which is formed on the basis of its full division or partial division and satisfies the conditions for receiving investment incentives is entitled to such investment incentives for the remaining incentive period before the full division or partial division;

+ Any investment project which is formed on the basis of project merger shall continue to be entitled to the investment incentives according to the conditions for investment incentives applied to each project before the merger if it still satisfies such conditions. If the merged project satisfies conditions for different investment incentives, the investor is entitled to such investment incentives according to each different condition for the remaining incentive period.

- If an industrial park or export-processing zone has been established under the Government's regulations and its removal from the planning or repurposing is approved by a competent authority or the project on investment in construction and commercial operation of infrastructure of the industrial park or export-processing zone is terminated in accordance with regulations of law on investment, the investment projects executed in such industrial park or export-processing zone shall continue to be entitled to the investment incentives in accordance with the regulations set forth in the investment license, business license, investment incentive certificate, investment certificate, investment registration certificate, decision on investment guidelines, decision on approval for investment guidelines or another document of the competent authority providing for investment guidelines (if one of the said documents is available) or in accordance with regulations of law in effect at the time of investment in the industrial park or export-processing zone (if the said documents are not available).

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