Circular No. 81/2018/TT-BTC amends and supplements Circular No. 83/2016/TT-BTC of the Ministry of Finance guiding the implementation of investment incentives as prescribed by the Investment Law and Decree No. 118/2015/NĐ-CP of the Government detailing and guiding the implementation of certain provisions of the Investment Law.

CIRCULAR

Amending and supplementing Circular No. 83/2016/TT-BTC dated June 17, 2016 of the Ministry of Finance guiding the implementation of investment incentives as prescribed by the Investment Law and Decree No. 118/2015/NĐ-CP dated November 12, 2015 of the Government detailing and guiding the implementation of certain provisions of the Investment Law.
On the basis of the Investment Law No. 67/2014/QH13 dated November 26, 2014;
On the basis of the Law on Export Duties and Import Duties No. 107/2016/QH13 dated April 6, 2016;
On the basis of the Law on Corporate Income Tax No. 14/2008/QH12 dated June 3, 2008, and the Law Amending and Supplementing Certain Provisions of the Law on Corporate Income Tax No. 32/2013/QH13 dated June 19, 2013;

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On the basis of the Law Amending and Supplementing Certain Provisions of the Laws on Taxation No. 71/2014/QH13 dated November 26, 2014;

On the basis of the Law on Tax Administration No. 78/2006/QH11 dated November 29, 2006, and the Law Amending and Supplementing Certain Provisions of the Law on Tax Administration No. 21/2012/QH13 dated November 20, 2012;

On the basis of the Law on Land Tax for Non-Agricultural Use No. 48/2010/QH12 dated June 17, 2010;

On the basis of Decree No. 118/2015/NĐ-CP dated November 12, 2015 of the Government detailing and guiding the implementation of certain provisions of the Investment Law;

On the basis of Decree No. 87/2017/NĐ-CP dated July 26, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

The Minister of Finance hereby promulgates this Circular amending and supplementing Circular No. 83/2016/TT-BTC dated June 17, 2016 of the Ministry of Finance guiding the implementation of investment incentives as prescribed by the Investment Law No. 67/2014/QH13 and Decree No. 118/2015/NĐ-CP dated November 12, 2015 of the Government detailing and guiding the implementation of certain provisions of the Investment Law.

Pursuant to the Decree No. 134/2016/NĐ-CP dated September 1, 2016 of the Government detailing and guiding the implementation of certain provisions of the Law on Export Tax and Import Tax;

Article 1. Amending and supplementing Clause 5, Article 7 of Circular No. 83/2016/TT-BTC.

"5. For investment projects that have been granted investment licenses, certificates of investment, or other documents with equivalent legal validity issued by competent state authorities before July 1, 2015, and domestic investment projects with a capital investment scale under VND 15 billion implemented before July 1, 2015, shall implement tax incentives (corporate income tax, import duties, land tax for non-agricultural use) according to the provisions of the legal documents in effect prior to July 1, 2015, and guaranteed investment incentives as stipulated in Article 3 of Decree No. 118/2015/NĐ-CP."

At the proposal of the Director of the Policy Department;

1. This Circular takes effect from October 12, 2018.

2. During the implementation process, if there are any difficulties, organizations and individuals involved are requested to promptly report to the Ministry of Finance for appropriate amendments and supplements./.

"5. For investment projects that have been granted investment licenses, certificates of investment, or other legal documents of equivalent value issued by competent state agencies before July 1, 2015, and domestic investment projects with a capital investment scale under VND 15 billion implemented before July 1, 2015, shall enjoy preferential tax policies (corporate income tax, import tax, land use tax for non-agricultural purposes) according to the provisions of legal documents in effect prior to July 1, 2015, and shall be guaranteed investment incentives as stipulated in Article 3 of Decree 118/2015/NĐ-CP."

Article 2. Implementation

1. This Circular takes effect from October 12, 2018.

2. During the implementation process, if there are any difficulties, organizations and individuals involved are requested to promptly report them to the Ministry of Finance for appropriate amendments and supplements to ensure compliance./.