Resolution No. 198/2025/QH15 on certain special mechanisms and policies to develop private economy

RESOLUTION

On certain special mechanisms and policies for developing private economy

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OF THE NATIONAL ASSEMBLY

On the basis of the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on Organization of the National Assembly No. 57/2014/QH13 amended and supplemented by Law No. 65/2020/QH14 and Law No. 62/2025/QH15;

Based on the Law on Legislative Regulatory Documents No. 64/2025/QH15;

RESOLUTION:

PART I
GENERAL PROVISIONS

1. The organization of receiving and processing administrative procedures electronically shall be carried out through the National Public Service Portal via the Linked Public Service Software, ensuring requirements for exploitation and restructuring of business processes towards integration and coordinated resolution, enhancing the quality of administrative services provided by relevant state agencies, facilitating business households, individuals, and related agencies and organizations in receiving and processing administrative procedures.

This Resolution stipulates certain special mechanisms and policies for developing the private economy.

Article 2. Applicability

This Resolution applies to enterprises, households engaged in business, individuals engaged in business, and other organizations and individuals related thereto.

Article 3. Explanation of Terms

1. A startup enterprise is an enterprise established to implement ideas based on exploiting intellectual property, technology, new business models, and has the potential for rapid growth.

2. A household business is a type of business registered by an individual or members of a family household in accordance with the law and bears responsibility with all their personal assets for the business activities of the household business.

3. An individual engaged in business is an individual who conducts business activities and bears responsibility with all their personal assets for such business activities.

Chapter II
IMPROVING THE BUSINESS ENVIRONMENT

Article 4. Principles of inspection, supervision, licensing, certification, competition, and access to resources for enterprises, household businesses, and individuals engaged in business

1. The number of inspections for each enterprise, household business, or individual engaged in business (if applicable) shall not exceed one time per year, except in cases where there are clear signs of violations.

2. The number of inspections at enterprises, household businesses, or individuals engaged in business (if applicable), including joint inspections, shall not exceed one time per year, except in cases where there are clear signs of violations.

3. For the same content of state management, if an inspection activity has been conducted, then a supervision activity shall not be carried out, or if a supervision activity has been conducted, then an inspection activity for enterprises, household businesses, or individuals engaged in business shall not be carried out in the same year, except in cases where there are clear signs of violations.

4. Inspection plans, conclusions of inspections for enterprises, household businesses, or individuals engaged in business must be made public in accordance with the provisions of the law.

5. Strictly handle acts of abuse or exploitation of inspections and supervision to harass or create difficulties for enterprises, household businesses, or individuals engaged in business.

6. Vigorously apply digital transformation in inspection and supervision activities for enterprises, household businesses, and individuals engaged in business. Prioritize remote inspections based on electronic data; reduce direct inspections.

7. Exempt enterprises, household businesses, or individuals engaged in business from actual inspections that comply well with the provisions of the law.

8. Improve the legal system, remove barriers to market access, ensure a transparent, clear, consistent, stable long-term, easy-to-comply-with, low-cost business environment.

9. Shift strongly from pre-inspection to post-inspection linked to enhancing the effectiveness and efficiency of inspections and supervision. Transition the management of business conditions from licensing and certification to announcing business conditions and post-inspection, except for a few areas that must follow licensing procedures according to regulations and international practices.

10. Do not discriminate between economic entities in mobilizing, allocating, and using capital, land, natural resources, assets, technology, human resources, data, and other resource sources.

11. Strictly handle in accordance with the law acts that limit competition, unfair competition, abuse of dominant position, and abuse of monopoly position.

12. Strictly prohibit government agencies, media, organizations, or individuals from engaging in harassment, negativity, disseminating false or inaccurate information affecting enterprises, entrepreneurs, household businesses, or individuals engaged in business.

Article 5. Principles for handling violations and resolving cases in business activities

1. Clearly distinguish between the liability of a legal entity and the liability of an individual in handling violations; between criminal liability and administrative liability, civil liability; between administrative liability and civil liability.

2. For civil and economic violations, prioritize applying civil and economic measures before administrative measures; businesses, households engaged in business operations, and individuals engaged in business operations are encouraged to proactively address violations and damages. In cases where the practical application of the law may lead to criminal prosecution or not, criminal prosecution shall not be applied.

3. For violations that require criminal prosecution, prioritize proactive, timely, and comprehensive measures to mitigate economic consequences, which serve as important grounds for the prosecution agency to consider when deciding to initiate proceedings, investigate, prosecute, adjudicate, and subsequent measures.

4. It is not permissible to apply retroactive provisions of the law to impose unfavorable treatment on businesses, households engaged in business operations, and individuals engaged in business operations.

5. For cases where information, documents, and evidence are insufficiently clear to conclude a violation of the law, a conclusion must be made promptly according to the provisions of the procedural law, and this conclusion must be publicly announced.

6. Ensure the principle of presumption of innocence during the investigation, prosecution, and trial of cases.

7. Ensure that sealing, seizure, temporary detention, and freezing of assets related to cases and trials must be conducted within the scope of authority, procedures, and formalities, without infringing upon the legitimate rights and interests of organizations and individuals; ensure that the value of sealing, seizure, temporary detention, and freezing corresponds with the anticipated damage in the case. Reasonably use necessary measures to ensure the value of assets related to the case, minimize the impact of investigations on production and business activities, after obtaining the consensus of the prosecution agencies, and without affecting the investigation process.

8. Distinguish clearly between legally formed assets and assets, income obtained from illegal acts, and other assets related to the case; between the assets, rights, and obligations of a business and the assets, rights, and obligations of the individual managing the business in handling violations and resolving cases.

9. Timely and effectively handle evidence and assets without affecting the proof and resolution of cases and trials; promptly mitigate damage consequences, put assets into exploitation and use, aiming to mobilize development resources, avoid loss and waste; ensure the interests of the State, the rights and legitimate interests of organizations and individuals; comply with international treaties to which the Socialist Republic of Vietnam is a member.

Article 6. Resolution of Business Bankruptcy

1. Expand the circumstances and grounds for the Court to consider and decide on the simplified procedure for resolving business bankruptcy.

2. The simplified procedure for resolving bankruptcy as stipulated in Clause 1 of this Article must ensure a minimum reduction of 30% in time and simplification of the procedures and formalities compared to the regular procedure.

Chapter III
SUPPORT ACCESS TO LAND, PRODUCTION AND BUSINESS AREAS

LEASE OF HOUSING, LAND AS PUBLIC PROPERTY

Article 7. Support for Access to Land and Production and Business Sites

1. Localities may use local budgets to support part of the investment in constructing infrastructure systems for industrial zones, industrial clusters, and technology incubators. The supported contents include: land acquisition support, compensation, and resettlement; support for investment in transportation infrastructure works, power supply, water supply, drainage, wastewater treatment, and communication facilities.

2. Investors in industrial zone, industrial cluster, and technology incubator infrastructure who receive investment support as prescribed in Clause 1 of this Article must allocate a portion of the developed land area for high-tech enterprises in the private economic sector, small and medium-sized enterprises, and innovative start-up enterprises to lease or sublease. The provisions of the law on the management and use of public assets shall not apply to assets formed from the investment support funds prescribed in Clause 1 of this Article.

3. Based on actual conditions and the ability to balance local budgets, the People's Committee of the province shall stipulate principles, criteria, and support investment standards, and determine the land area with developed infrastructure in industrial zones, industrial clusters, and technology incubators allocated for high-tech enterprises in the private economic sector, small and medium-sized enterprises, and innovative start-up enterprises to lease or sublease as prescribed in Clauses 1 and 2 of this Article.

4. For newly established industrial zones and industrial clusters after this Resolution takes effect, the People's Committee of the province shall base its determination of the land area for each industrial zone and industrial cluster that has completed the construction of infrastructure systems to ensure an average of 20 hectares per industrial zone or industrial cluster or 5% of the land area of the industrial zone or industrial cluster within the locality for allocation to high-tech enterprises in the private economic sector, small and medium-sized enterprises, and innovative start-up enterprises to lease or sublease.

5. In cases where newly established industrial zones and industrial clusters as prescribed in Clause 4 of this Article do not receive State investment support to build infrastructure systems and, within two years from the date of completion of the construction of infrastructure systems, there are no high-tech enterprises in the private economic sector, small and medium-sized enterprises, or innovative start-up enterprises leasing or subleasing, then the investor in industrial zone and industrial cluster infrastructure may grant other enterprises the right to lease or sublease.

6. High-tech enterprises in the private economic sector, small and medium-sized enterprises, and innovative start-up enterprises receiving support shall have their land rental fees reduced by at least 30% for the first five years from the date of signing the land lease contract with the investor in industrial zone and industrial cluster infrastructure, and technology incubator infrastructure. This land rental fee support shall be refunded to the investor by the State according to the Government’s regulations. The People's Committee of the province shall decide on the reduction rate of the land rental fees prescribed in this clause.

Article 8. Support for Renting Public Assets

1. The State shall provide support for small and medium-sized enterprises, supporting industry enterprises, and innovative enterprises to rent unused or underutilized public assets in the locality.

2. The Government shall prescribe the principles and eligible recipients for support as provided in Clause 1 of this Article.

3. The People's Committee of the province shall specify the list of public assets available for lease, criteria, support levels, support forms, procedures, and formalities for leasing different types of assets and publicly announce them on the locality’s electronic information website.

Chapter IV
FINANCIAL SUPPORT, CREDIT, AND PUBLIC PROCUREMENT

Article 9. Financial Support and Credit

1. Private economic sector enterprises, business households, and individual businesses shall be supported by the State with an interest rate subsidy of 2% per annum when borrowing funds to implement green, circular projects, and applying environmental, social, and governance (ESG) standards frameworks.

2. The Small and Medium Enterprise Development Fund shall perform the following functions:

a) Providing loans to small and medium enterprises;

b) Providing loans for start-ups;

c) Financing initial capital for innovative start-up projects and incubator construction projects;

d) Investing in local investment funds and private investment funds to increase funding sources for small and medium enterprises and innovative start-up enterprises;

đ) Receiving and managing loan, sponsorship, aid, contribution, and entrusted funds from organizations and individuals to support small and medium enterprises.

Article 10. Tax, Fee, and Stamp Duty Support

1. Corporate income tax exemption for a period of two years and a 50% reduction in the amount of tax payable for the next four years on income from innovative and creative start-up activities of innovative start-up enterprises, venture capital management companies, and intermediary organizations supporting innovative start-up activities. The determination of the tax exemption and reduction period shall be carried out in accordance with the provisions of the Corporate Income Tax Law.

2. Exemption from personal income tax and corporate income tax on income from the transfer of shares, equity contributions, rights to contribute equity, rights to purchase shares, and rights to purchase equity contributions in innovative start-up enterprises.

3. Personal income tax exemption for a period of two years and a 50% reduction in the amount of tax payable for the next four years on income from salaries and wages received by experts and scientists from innovative start-up enterprises, research and development centers, innovation centers, and intermediary organizations supporting innovative start-up activities.

4. Corporate income tax exemption for small and medium enterprises for three years from the date of issuance of the first Business Registration Certificate.

5. Training and retraining costs for human resources provided by large enterprises to small and medium enterprises participating in supply chains shall be deductible expenses for determining taxable income when calculating corporate income tax.

6. Business households and individual businesses shall not apply the turnover tax method from January 1, 2026. Business households and individual businesses shall pay taxes in accordance with the tax administration law.

7. The collection and payment of business license fees shall cease from January 1, 2026.

8. Organizations, individuals, and enterprises shall be exempted from fees and charges for documents that need to be reissued or replaced when restructuring and reorganizing state machinery in accordance with the law.

Article 11. Preferential Treatment in Contractor Selection

1. Construction and installation tender packages, goods procurement packages, and mixed tender packages providing both goods and construction using state budget funds with a package value not exceeding twenty billion dong shall be reserved for small and medium enterprises, prioritizing those owned by young people, women, ethnic minorities, persons with disabilities, enterprises located in mountainous areas, border regions, and islands.

2. In cases where bidding has already been organized, if there are no small and medium enterprises meeting the requirements, it is permissible to organize another round of bidding without having to apply the provisions of Clause 1 of this Article.

Chapter V
SUPPORT FOR SCIENCE AND TECHNOLOGY, INNOVATION AND CREATIVE DEVELOPMENT,

DIGITAL TRANSFORMATION AND HUMAN RESOURCE TRAINING

Article 12. Support for research, development, and application of science, technology, innovation, and digital transformation

1. Enterprises are allowed to allocate up to 20% of their taxable income from corporate income tax to establish a fund for the development of science, technology, innovation, and digital transformation. The enterprise may use this fund to implement research and development activities either independently or by commissioning external entities under a product-based mechanism. The use of this fund shall be carried out in accordance with the laws on corporate income tax.

2. Enterprises can include expenditures for research and development activities in deductible costs to determine taxable income at 200% of the actual cost of such activities when calculating corporate income tax, as prescribed by the Government.

3. The State shall allocate funds to provide free digital platforms and shared accounting software for small and micro enterprises, business households, and individual businesses in accordance with the Government's regulations.

Article 13. Support for enhancing corporate management capacity and human resource quality

1. Allocate state budget to implement the Program of training and upgrading 10,000 executive directors until 2030.

2. Provide free legal advisory services, business management training, accounting, taxation, and human resources training for small and micro enterprises, business households, and individual businesses.

Chapter VI
SUPPORT FOR THE FORMATION OF MEDIUM AND LARGE ENTERPRISES,

LEADING ENTERPRISES

Article 14. Ordering, limited bidding, and designated bidding for implementation of key national projects

1. The State expands the participation of private sector enterprises in key projects of significant importance to economic and social development, and important national projects through direct investment or public-private partnership models or other cooperation models between the State and the private sector as prescribed by law.

2. Those with authority and project sponsors may choose to apply one of the ordering, limited bidding, or designated bidding methods or other appropriate forms as prescribed by law for strategic areas, key scientific research projects, high-speed rail, urban rail, foundational industries, leading industries, energy infrastructure, digital infrastructure, green transportation, defense, security, and urgent tasks based on ensuring transparency, quality, progress, effectiveness, and accountability.

Article 15. Support for the formation and development of medium and large enterprises and private economic groups of regional and global scale

The State will develop programs and allocate budgets to support the formation and development of medium and large enterprises and private economic groups of regional and global scale through the following programs:

1. The program to develop 1,000 outstanding and pioneering enterprises in science and technology, innovation, digital transformation, green transformation, high-tech industry, and supporting industry;

2. The Go Global program to support market access, capital, technology, brand, distribution channels, logistics, insurance, consulting, legal services, mergers and acquisitions, connections with multinational corporations, resolution of commercial disputes.

Chapter VII
IMPLEMENTING PROVISIONS

Article 16. Implementation Organization

1. The Government, the Supreme People's Court Council, the President of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy, and provincial-level local authorities, within their respective jurisdictions, shall detail, guide the application, and organize the implementation of this Resolution to ensure favorable, feasible, and effective conditions for accessing and implementing mechanisms and policies.

2. The Government, ministries, agencies equivalent to ministries, central-level agencies, and local agencies shall enhance responsibility, particularly the responsibility of leaders, in directing the organization of implementation, inspection, and supervision of the implementation of provisions in this Resolution, ensuring transparency, effectiveness, and feasibility; preventing policy exploitation, loss, and waste.

3. By no later than December 31, 2026, complete the review, amendment, supplementation, and perfection of laws on land, planning, and investment; continue reviewing, amending, supplementing, and perfecting other related laws to fully institutionalize Resolution No. 68-NQ/TW dated May 4, 2025 of the Politburo on the development of the private economy.

4. Assign the Government:

a) By no later than December 31, 2025, complete the review and removal of unnecessary business conditions, overlapping and unsuitable regulations that hinder the development of private enterprises; reduce administrative procedures processing time by at least 30%, compliance costs by at least 30%, and business conditions by at least 30%, and continue to cut back strongly in subsequent years;

b) Implement clear division of responsibilities among levels and sectors of each agency and unit, clearly defining the responsibility of leaders in handling administrative procedures;

c) Establish a feedback mechanism to evaluate obstacles and difficulties in business operations;

d) Address inconsistencies in policy enforcement between central and local levels, among ministries and sectors, and among localities.

5. Leaders of agencies and units, and civil servants, officials, and employees involved in building, issuing, and implementing the mechanisms and policies stipulated in this Resolution shall be exempted from liability if they have fully complied with relevant procedures and regulations, acted without personal gain during the performance of their duties, but suffered losses due to objective risks.

Organizations and individuals who achieve success in implementing this Resolution shall be rewarded according to the law. Strictly handle acts of corruption, profiteering, and harassment by civil servants during the implementation of this Resolution.

6. The National Assembly, the Standing Committee of the National Assembly, the Vietnam Fatherland Front Central Committee, the National Ethnic Council, the Committees of the National Assembly, the Delegations of National Assembly Members, and National Assembly Members, at all levels of People's Councils, within the scope of their duties and powers, shall supervise the implementation of this Resolution.

Article 17. Implementation Provisions

1. This Resolution shall take effect from the date it is adopted by the National Assembly.

2. In cases where there are different provisions on the same issue between this Resolution and other laws or resolutions of the National Assembly, the provisions of this Resolution shall be applied. In cases where other regulatory legal documents have provisions for mechanisms or preferential policies that are more favorable than those stipulated in this Resolution, they shall be applied according to the provisions of such regulatory legal documents.

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the fifteenth session, ninth meeting, on May 17, 2025.