Preferential and attractive policy
Thứ 4, Ngày 09/09/2020, 15:00
List of incentive policies to attract investment in Binh Duong province
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09/09/2020
PORTAL - The Binh Duong People's Committee issued a document announcing the list of incentive policies to attract investment.

I. Projects in the field of industrial production:

1. Land rental (Pursuant to Decree No. 135/2016 / ND-CP dated September 9, 2016 and Decree No. 46/2014 / ND-CP dated May 15, 2014 of the Government):

Exemption of land and water surface rent for the entire land lease term for projects on construction of infrastructure for common use in industrial parks and industrial clusters according to the plan approved by competent authorities.

Exemption of land and water surface rent for 03 years since the project is completed and put into operation, for projects on the list of investment incentives under the provisions of Decree No. 118/2015/ND-CP dated November 12th, 2015 of the Government; for new business establishments of economic organizations that are relocated according to planning or due to environmental pollution.

Exemption of land and water surface rent for 11 years for investment projects on the list of special investment incentives as prescribed in Decree No. 118/2015 / ND-CP dated November 12, 2015 of the Government.

2.  Corporate income tax

a) Preferential tax rate of 10% for 15 years and tax exemption for 04 years, 50% reduction of payable tax for the next 9 years for: (Clause 1, Article 15 and Clause 1, Article 16, Decree No. 218/2013 / ND-CP dated December 26, 2013 of the Government; Clause 1 Article 3 of Circular No. 212/2015 / TT-BTC dated December 31, 2015):

Income of enterprises from implementing new investment projects in the fields of: Scientific research and technological development; manufacturing software products; production of composite materials, light construction materials, and rare and precious materials; renewable energy production, clean energy, energy from waste destruction; biotechnology development;

Income of enterprise from implementing new investment projects in the field of environmental protection includes:

  • Production of equipment to treat environmental pollution.
  • Production and application of environmental protection inventions which are protected by the government in the form of invention patents or utility solution patents.
  • Production of eco-friendly products labeled with Vietnam's Green Label by the Ministry of Natural Resources and Environment; products from recycling and waste treatment certified by competent state agencies.
  • Production of certified gasoline, diesel fuel and biofuel; Biochar; energy from wind, sunlight, tides, geothermal and other forms of renewable energy.
  • Manufacture of machinery, equipment and means used directly in the collection, transportation and treatment of wastes; environmental monitoring and analysis; renewable energy production; Treatment of environmental pollution; respond and handle environmental incidents.
  • Manufacture of equipment for environmental monitoring and analysis
  • Treatment of pollution and environmental protection; Collection and wastewater and exhaust gas treatment; centralized solid waste collection, transportation and treatment; Recycling and reusing waste; daily-life wastewater treatment with capacity of 2,500m3 of wastewater or more one day for urban areas of grade IV or higher; treatment and improvement of polluted environmental areas in public areas; response and handling of oil spills, chemical incidents and other environmental incidents; building technical infrastructure for environmental protection in industrial parks and clusters of trade villages; cremation service, electric cremation; environmental damage assessment; environmental health assessment; assessment of the environment for goods, machinery, equipment, and technology.
  • High-tech enterprises, agricultural enterprises that apply high technology.
  • An enterprise's income from implementing new investment project in the manufacturing sector (except for projects on production of goods subject to special consumption tax, mineral exploitation projects) meets one of the following two criteria:

+ Projects with minimum investment capital of VND 6 trillion, disbursed no more than 3 years after being granted investment licenses and having minimum total revenue of VND 10 trillion per year at least 03 year since the revenue was generated.

+ Project with minimum investment capital of VND 6 trillion, disbursed within 03 years after being granted investment licenses and employing more than 3,000 employees at least 03 year since the revenue was generated.

b) The tax rate of 17% in 10 years and tax exemption in 2 years and 50% reduction of tax payable in the next 04 years are applicable to: (Clause 3, Article 15 and Clause 3, Article 16, Decree No. 218/2013 / ND-CP dated December 26, 2013 of the Government):

  • Enterprise's income from new investment projects: High-class steel production; manufacturing energy-saving products; manufacture of machinery and equipment for agricultural, forestry, fishery and salt production; manufacture of irrigation equipment; feed production and refining for livestock, poultry and aquatic animals; developing traditional professions.

The approval criteria, application conditions, tax calculation method and other regulations related to tax incentives are specified in Decree No. 218/2013 / ND-CP dated December 26, 2013 of the Government and Decree No. 12/2015 / ND-CP dated February 12, 2015 of the Government.

Enterprises having investment projects to develop investment projects which are operating in the eligible fields and areas for corporate income tax incentives in accordance with the provisions of Decree No. 218/2013 / ND-CP dated December 26, 2013 of The Government on expanding production scale, increasing capacity, and innovating production technology. If one of the three criteria specified in this Clause is met, it may be selected to enjoy tax incentives according to projects that are operating for the remaining period (if any) or tax exemption or reduction for the additional income from expansion investment. The tax exemption or reduction period for the additional income due to the expansion investment specified in this Clause is equal to the tax exemption or reduction period applicable to new investment projects in the same areas or sectors with corporate income tax incentives.

3. Import tax (Pursuant to Decree No. 134/2016 / ND-CP dated September 1, 2016 of the Government):

Tax exemption for imported goods to create fixed assets of incentive beneficiaries under the law on investment, including:

  • Machines; equipment, components, detachable parts, spare parts for synchronous assembly or synchronous use with machinery or equipment; raw materials and supplies used to manufacture machinery or equipment or to manufacture components, detachable parts, and spare parts.
  • Specialized means in the technological line directly used for production activities of the project;
  • Construction materials cannot be produced domestically.

II. Projects in the field of agriculture and rural areas:

1.  Land use levy exemption or reduction:

Subjects entitled to land use levy exemption or reduction; Exemption or reduction of land and water surface rents of the State; Exemption or reduction of land use levy upon change of land use purpose is specified in Article 5,6,7,8 of Decree No. 210/2013 / ND-CP dated December 19, 2013 of the Government on encouraging   businesses to invest in agriculture and rural areas.

In addition, economic organizations, households and individuals that are leased land by the State according to the provisions of the Land Law to grow rubber tree with the rubber plantation area are re-cultivated from January 1, 2015 to December 31, 2020 is exempt from land rent according to Official Letter No. 9549 / BTC-QLCS dated July 12, 2016 of the Ministry of Finance, as follows:

  • In cases the replanting has been carried out before January 1, 2015 but still in basic construction period, the land rent is exempted for the remaining time of basic necessity from January 1, 2015 but no more than December 31, 2020.
  • In case the replanting is carried out in the period from January 1, 2015 to December 31, 2020, the land rent exemption period is from the beginning to the end of the re-cultivation but no more than 31/12/2020.
  • Projects to invest in agriculture and rural areas in Binh Duong province are on the list of fields with special investment incentives in agriculture and rural areas specified in Decree No. 210/2013 / ND-CP dated December 19, 2013 of the Government on encouraging enterprises to invest in agriculture and rural areas to enjoy the following incentives:
  • In case of land allocation by the State, a 50% reduction of land use fees must be paid to the State budget for such investment project.
  • In case of land or water surface lease from the State, they will be exempt from land rent or water surface rent for 11 years from the date the project is completed and put into operation.

2.  Corporate income tax:

a) Apply the tax rate of 10% to the following incomes (Clause 2, Article 15, Decree No. 218/2013 / ND-CP dated December 26, 2013 of the Government)

Income of the enterprise from: planting, tending and protecting forests; production, multiplication and crossbreeding of plants and animals; post-harvest preservation of agricultural products, preservation of agricultural, aquatic and food products.

  • A preferential tax rate of 10% in 15 years for: income of enterprises from implementing new investment projects in the fields of: scientific research and technological development; applying high technologies on the list of high technologies given priority for investment and development under the provisions of the Law on High Technologies; High-tech incubation, high-tech business incubation; investment in construction - business in hi-tech incubators and hi-tech business incubators; development of biotechnology.

b) Exemption of corporate income tax (Clause 2 Article 8 of Circular No. 78/2014 / TT-BTC dated June 18, 2014) for:

  • Income from the implementation of technical services directly serving agriculture includes: income from irrigation and drainage services; harrowing land; dredging of canals and interior fields; pest and disease control services for plants and animals; service of harvesting agricultural products.

3. Import tax:

  • Import tax exemption for domestic equipment and technology that cannot be exported for businesses implementing hi-tech agricultural projects;
  • Import tax exemption for plant varieties; livestock breeds; fertilizers and plant protection drugs that cannot be produced domestically and need to be imported according to regulations of competent state management agencies (Pursuant to the Law on Import and Export);
  • Import tax exemption for imported goods to create fixed assets for enterprises according to regulations (Pursuant to Decree No. 134/2016 / ND-CP dated September 1, 2016 of the Government).

4. Authority of recognition: hi-tech agricultural enterprises and hi-tech agricultural regions.

  • For agricultural enterprises applying high technology: According to Article 2 of Circular No. 50/2011 / TT-BNNPTNT of the Ministry of Agriculture and Rural Development guiding the implementation of Decision No. 69/2010 / QD - On November 3, 2010 of the Prime Minister on the authority, order and procedures for recognition of agricultural enterprises applying high technology, "the Ministry of Agriculture and Rural Development has the authority to issue the certificate to agricultural enterprises applying high technology ".
  • For hi-tech agricultural areas: According to Article 3 of the Prime Minister's Decision No. 66/2015 / QD-TTg dated December 25, 2015 on criteria, competence and order and procedures for recognition for hi-tech agricultural areas, "the Provincial People's Committee has the authority to issue the certificate to the hi-tech applied agricultural areas".

III. Housing investment project for industrial park workers and low-income housing in urban areas:

1.     Exemption from land use levy, land rental (Pursuant to the Decree No. 46/2014 / ND-CP dated May 15, 2014 of the Government)

Enterprises are exempt from land use levy and land rental for the entire lease term.

2. Corporate income tax {Clause 1, Article 15, Decree No. 218/2013 / ND CP dated December 26, 2013 of the Government)

The tax rate of 10% is applied to the enterprise's income from implementing projects on social housing investment and business for sale, for lease, or for lease purchase with the subjects specified in Article 53 of the Law on Housing.

Social houses specified in this Clause are houses built by the State or organizations and individuals of all economic sectors and meet criteria for housing, selling prices and rental prices, rental purchase price, the objects, the conditions to be purchased, leased or buy social house in accordance with the law on housing and the income determination is subject to the 10% tax rate. This Clause does not depend on the time of signing the sale, lease or lease purchase social housing contract;

3. Import tax (Pursuant to the Government's Decree No. 134/2016 / ND-CP dated September 1, 2016).

Import tax exemption for imported goods to create fixed assets for enterprises according to regulations.

IV. Projects in the fields of education - training, vocational education, healthcare, culture, physical training and sports, environment, judicial assessment:

Pursuant to (Decree No. 59/2014 / ND-CP dated June 16, 2014 amending and supplementing Decree No. 69/2008 / ND-CP dated May 30, 2008 of the Government)

1. Land rent exemption or reduction:

The socializing establishment may be leased with annual rental payment by the State or leased land with one-off rental payment for the entire lease term and may be considered for land rental exemption or reduction depending on the area as follows:

  • For communes and towns: land rent exemption for the entire land lease term.

·      For communes and wards: the number of years with land rental exemption is calculated by 50% of the land lease period.

Conditions and procedures for land rental exemption and reduction are specified in Decision No. 44/2016 / QD-UBND dated November 1, 2016 of the Binh Duong People's Committee.

2. Corporate income tax (Clause 2, Article 15 of the Government's Decree No. 218/2013 / ND-CP dated December 26, 2013)

Projects with income from socialization are subject to a 10% corporate income tax during their operation. Newly established projects are eligible for tax exemption for 4 years from the time they have taxable income and 50% reduction of payable tax amounts for the next 5 years.

3. Incentives on credit and capital mobilization:

It is stipulated in Article 9, Article 10 of Decree No. 69/2008 / ND-CP dated May 30, 2008 of the Government.

4. Import tax

Import tax exemption for imported goods to create fixed assets for enterprises according to regulations (Pursuant to Decree No. 134/2016 / ND-CP dated September 1, 2016 of the Government).

V. Incentive policies for projects on manufacturing supporting industrial products on the List of supporting industrial products prioritized for development

1. Corporate income tax:

Corporate income tax rate 10% for 15 years (Clause 1, Article 13, Law on Corporate Income Tax No. 14/2008 / QH12 of the National Assembly and Clause 5, Article 1, Law on Book 71/2014 / QH13 amending and supplementing a number of articles of tax laws)

2. Import tax:

Import tax exemption for imported goods to create fixed assets in accordance with the Law on Import Tax and Export Tax and its guiding documents.

3. Market development support:

It is prioritized to participate in provincial trade promotion program, national trade promotion program.

Partly support the cost of trademark registration, participation in domestic and foreign trade fairs and exhibitions and funding for market information access.

4. Support for application and transfer (Article 5, Decree No. 111/2015 / ND-CP dated November 3, 2015 of the Government)

  • Organizations and individuals transferring supporting manufacture technology products on the List of supporting industry products prioritized for development are entitled to incentives from the law on technology transfer and other incentives under the current regulations.
  • Technology application and transfer activities to manufacture supporting industry products on the List of supporting industries prioritized for development supported by the Supporting Industry Development Program are as follows:

+ Projects and schedule on cooperation between manufacturing enterprises and units having technologies applied in technology transfer shall be partially funded;

+ The cost of manufacturing and testing supporting industry products on the List of supporting industry products prioritized for development is supported up to 50%.

+ The State shall support up to 75% of the cost of technology transfer for a material production project using more than 85% of the raw materials that are products of the deep processing of domestic minerals, including metal ores, non-metal ores and petrochemical products for the production of supporting industrial products.

5. Support for human resource development: (Article 6, Decree No. 111/2015 / ND-CP dated November 3, 2015 of the Government)

  • Human resource training for supporting industry:

+ Project of manufacturing supporting industry products on the List of supporting industry products prioritized for development is supported with funds from the Program on Supporting Industry Development for Human Resource Training;

+ Individuals directly performing the tasks of the Supporting Industry Development Program are given priority in training to improve their domestic and foreign qualifications according to state training programs.

  • Institution of Human resource training for supporting industries:

+ The State encourages organizations and individuals to invest, enter into joint ventures and cooperation to build human resource training facilities direct for production of supporting industrial products;

+ Institutions of Human resource training for production of supporting industrial products are funded and supported by science and technology funds, training and other funds;

The State encourages the existing universities, research institutes and training institutions to participate in the training of human resources for the supporting industry.​

6. Incentives for small and medium – sized enterprises: (Clause 2, Article 12 of Decree No. 111/2015 / ND-CP dated November 3, 2015 of the Government)

In addition to general incentives, small and medium-sized enterprises who manufacture supporting industry products on the List of supporting industry products prioritized for development are also entitled to the following incentives:

  • Investment credit: enterprises can borrow up to 70% of investment capital in credit institutions on the basis of guarantees of credit guarantee institutions for small and medium – sized enterprises as prescribed if the following conditions are met:

+ Total value of assets mortgaged or pledged at a credit institution in accordance with the law at least 15% of the value of the loan, after excluding the value of the mortgaged or pledged property for other loans;

+ At least 20% equity capital participating in an investment project, after deducting the equity amount arranged for other projects;

+ At the time of request for guarantee, there are no outstanding debts to the state budget, bad debts at credit institutions or other economic organizations.

  • Land and water surface rental:

+ To enjoy exemption or reduction of land and water surface rental according to the provisions of the land law;

+ In case a special project or large scale project that brings socio-economic efficiency, which is in need of higher support than the specified support as above, the Ministry of Finance shall coordinate with the Ministry of Planning and Investment to submit to the Prime Minister. The Prime Minister makes a decision on the basis of the proposal of the Provincial People's Committee where the land is located in accordance with the land law.

7. Subjects of incentives, Procedures to confirm incentives and other regulations

This is detailed in the Government's Decree No. 111/2015 / ND-CP dated November 3, 2015.

VI . Incentives for science and technology enterprises.

1. Corporate income tax (Decree No. 80/2007 / ND-CP dated May 19, 2007 of the Government regulating science and technology enterprises and Consolidated Document No. 03 / VBHN-BKHCN dated January 06 ,2015 guiding the implementation of Decree No. 80/2007 / ND-CP)

  • Scientific and technological enterprises are entitled to the corporate income tax rate of 10% for 15 years from the first year that science and technology enterprises have revenues from science and technology activities;
  • Science and technology enterprises are exempted from corporate income tax for 04 years and 50% reduction of payable tax amounts for the next 9 years from the first year that science and technology enterprises have taxable income.

2. Condition for certification as a scientific enterprise and other incentives

It is detailed in the Government's Decree No. 80/2007 / ND-CP dated May 19, 2007 on science and technology enterprises and the Consolidated Document No. 03 / VBHN-BKHCN dated January 6, 2015 guiding the implementation of Decree No. 80/2007 / ND-CP.

VII. Incentives for high-tech enterprises; enterprises manufacturing products on the List of high-tech products encouraged for development; high-tech agricultural enterprises; hi-tech application enterprises on the list of high technologies given priority for investment and development; (Law on High Technology No. 21/2008 / QH12 dated November 13, 2008)

1. Incentive policy

• Enjoy the highest incentives in accordance with the laws on land, corporate income tax; value added tax, export and import tax;

• To be considered for the support of training, research and development and trial production funds from the National High-Tech Development Program's funding.

2. Condition for certification as a high-tech enterprise and other incentives

It is detailed in the Law on High Technology No. 21/2008 / QH12 dated November 13, 2008.

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