DECREE

Policy to Encourage Enterprises to Invest in Agriculture and Rural Areas

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Investment Law dated November 29, 2005;

Based on the Land Law dated November 26, 2003;

The Prime Minister issues this Decision on principles, criteria, and allocation standards for state budget investment capital development phase 2016-2020.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

2. Agencies, organizations, and individuals related to the implementation of preferential policies and support under this Decree.

Article 2. Applicability

Investors eligible for incentives and support under this Decree are enterprises established and registered for operation in accordance with Vietnamese law and meeting the conditions stipulated in Article 4 of this Decree.

Article 3. Explanation of Terms

3. Special priority investment agricultural project is an agricultural project in special priority investment sectors implemented in areas listed in the List of Areas with Particularly Difficult Economic and Social Conditions as prescribed by investment laws.

2. Priority investment sectors in agriculture include those industries and trades specified in the Appendix attached to this Decree and other industries and trades determined by the Prime Minister's Decision during each period..

3. Special Priority Investment Agricultural Projects are projects in special priority investment sectors in agriculture carried out in areas listed in the Catalogue of Areas with Particularly Difficult Economic and Social Conditions as prescribed by investment laws.

4. Priority Investment Agricultural Projects are projects in special priority investment sectors in agriculture carried out in areas listed in the Catalogue of Areas with Difficult Economic and Social Conditions as prescribed by investment laws.

5. Encouraged Investment Agricultural Projects are projects investing in special priority investment sectors in agriculture carried out in rural areas.

Article 4. Conditions for Applying Incentives and Investment Support

1. Investors with special priority investment agricultural projects, priority investment agricultural projects, and encouraged investment agricultural projects as stipulated in Article 3 of this Decree shall enjoy investment incentives and support as provided for in this Decree.

2. Investors with investment projects that meet the conditions stipulated in Article 3 of this Decree, if they have commenced implementation of the project before this Decree takes effect, shall be entitled to incentives and support (if any) for the remaining period; the State will not refund any amounts paid by investors for implementing the project prior to the Decree's effectiveness.

Chapter II

LAND INCENTIVES

2. Investors with preferential investment agricultural projects, if granted land by the State, shall be entitled to a 70% reduction in land use fees payable to the state budget for such investment projects.

1. Investors with special priority investment agricultural projects, if allocated land by the State, shall be exempt from land use fees for such investment projects.

2. Investors with priority investment agricultural projects shall be granted a 70% reduction in land use fees payable to the State budget for such investment projects.

3. Investors with encouraged investment agricultural projects, if allocated land by the State, shall be granted a 50% reduction in land use fees payable to the State budget for such investment projects.

Article 6. Exemption and Reduction of Land Rent and Water Surface Rent from the State

1. Investors with priority investment agricultural projects and encouraged investment agricultural projects, if renting land, water surface from the State, shall be rented at the lowest rate within the framework of land rent prices set by the Provincial People's Committee.

2. Investors issue special priority investment agricultural projects shall be exempt from land rent, water surface rent from the date the construction is completed and the project begins operations.

3. Investors issue priority investment agricultural projects shall be exempt from land rent, water surface rent for the first 15 years from the date the construction is completed and the project begins operations.

4. Investors issue encouraged investment agricultural projects shall be exempt from land rent, water surface rent for the first 11 years from the date the construction is completed and the project begins operations.

5. Investors Investors with special priority investment agricultural projects, priority investment agricultural projects, and encouraged investment agricultural projects shall be exempt from land rent for the area used to build collective housing for workers, greenery planting land, and land for public welfare services.

Article 7. Support for land and water surface rental by households and individuals

1. Investors with special priority investment agricultural projects, if renting land, water surface from households or individuals to carry out such investment projects, shall be supported by the State with a 20% subsidy on land rent and water surface rent according to the local land and water surface price framework for the first five years following the completion of basic construction..

2. Encourage enterprises with special priority investment agricultural projects, priority investment agricultural projects, and encouraged investment agricultural projects to accumulate land to form raw material zones through the contribution of land use rights by households or individuals to projects that do not involve land expropriation.

Article 8. Exemption and reduction of land use fee when changing land use purpose

1. Investors with particularly preferential investment projects in agriculture included in the planning approved by competent state agencies shall be exempted from paying the land use fee when changing the land use purpose.

2. Investors with preferential investment projects in agriculture included in the planning approved by competent state agencies shall have their land use fee reduced by 50% when changing the land use purpose.

Chapter III

INVESTMENT SUPPORT

Article 9. Support for training human resources

1. Micro enterprises with particularly preferential investment projects in agriculture, preferential investment projects in agriculture, encouraged investment projects in agriculture shall be supported by the state budget with 100% of the cost for domestic vocational training, provided that the training costs comply with current regulations.

2. Small enterprises with particularly preferential investment projects in agriculture, preferential investment projects in agriculture, encouraged investment projects in agriculture shall be supported by the state budget with 70% of the cost for domestic vocational training, provided that the training costs comply with current regulations.

3. Medium enterprises with particularly preferential investment projects in agriculture, preferential investment projects in agriculture, encouraged investment projects in agriculture shall be supported by the state budget with 50% of the cost for domestic vocational training, provided that the training costs comply with current regulations.

4. Each worker may only be trained once per year, and the training period supported by funding shall not exceed six months.

The support funds shall be allocated by the state budget to vocational training institutions in the province to train enterprises mentioned in this Article as needed, or directly provided to the enterprise in cases of on-site training.

Article 10. Support for market development

1. Micro enterprises and small enterprises with particularly preferential investment projects in agriculture, preferential investment projects in agriculture, encouraged investment projects in agriculture shall be supported by the state budget with 70% of the cost for advertising the enterprise and its products on mass media in the province and city where the enterprise invests.

2. Medium enterprises with particularly preferential investment projects in agriculture, preferential investment projects in agriculture, encouraged investment projects in agriculture shall be supported by the state budget with 50% of the cost for advertising the enterprise and its products on mass media in the province and city where the enterprise invests.

3. Micro enterprises and small enterprises with particularly preferential investment projects in agriculture, preferential investment projects in agriculture, encouraged investment projects in agriculture shall be supported by the state budget with 70% of the cost for domestic trade fair exhibitions; they shall be exempted from fees for accessing market information and service prices from state trade promotion agencies.

4. Medium enterprises with particularly preferential investment projects in agriculture, preferential investment projects in agriculture, encouraged investment projects in agriculture shall be supported by the state budget with 50% of the cost for domestic trade fair exhibitions; they shall have their fees for accessing market information and service prices from state trade promotion agencies reduced by 50%.

Article 11. Support for consulting services

1. Micro enterprises and small enterprises with particularly preferential investment projects in agriculture, preferential investment projects in agriculture, encouraged investment projects in agriculture shall be supported by the state budget with 50% of the actual cost for hiring investment consulting, management consulting, market research consulting, legal consulting, intellectual property consulting, scientific research consulting, technology transfer consulting, and advanced quality management system application consulting in production, but not exceeding the current prescribed limits.

2. Medium enterprises with particularly preferential investment projects in agriculture, preferential investment projects in agriculture, encouraged investment projects in agriculture shall be supported by the state budget with 30% of the actual cost for hiring investment consulting, management consulting, market research consulting, legal consulting, intellectual property consulting, scientific research consulting, technology transfer consulting, and advanced quality management system application consulting in production, but not exceeding the current prescribed limits.

Article 12. Support for the application of science and technology

Enterprises with preferential investment projects in agriculture, including particularly preferential investment projects in agriculture, preferential investment projects in agriculture, and encouraged investment projects in agriculture shall be supported by the Science and Technology Development Support Fund with 50% of the funding costs to carry out research topics aimed at creating new technologies led by the enterprise to implement the project; support 30% of the total new investment funding to implement pilot production projects approved by competent authorities (excluding existing equipment and facilities from the total funding amount).

Article 13. Support for transportation fees

1. Investors with particularly preferential investment projects in agriculture shall be supported by the state budget with a portion of the transportation fees for goods that are products from the project intended for domestic consumption, from the place of production to the place of consumption, if the distance from the place of production to the place of consumption is 100 kilometers or more.

2. The amount of funding supported is 50% of actual transportation fees, but not exceeding 500,000,000 VND/enterprise/year. Investment projects can only be supported with funding after having complete valid receipts and waybills.

Chapter IV

IMPLEMENTING PROVISIONS

Article 14. Effective date

This Decree takes effect from July 25, 2010.

Article 15. Responsibility for guidance on implementation

The Ministers of the Ministries of Planning and Investment, Finance, Science and Technology, Industry and Trade, Agriculture and Rural Development, Labor, Invalids and Social Affairs, Natural Resources and Environment, and the Governor of the State Bank of Vietnam shall guide the implementation of this Decree within their respective functions and duties..

Article 16. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.