This Circular details and guides the implementation of certain provisions of Decree No. 118/2015/NĐ-CP on investment incentives. Specifically, it specifies special investment incentive industries, areas with difficult socio-economic conditions, and provides specific regulations on tax exemptions and reductions for corporate income tax, import tax, and non-agricultural land use tax for eligible investment projects. This Circular takes effect from August 1, 2016.
Đối tượng áp dụng
Investment projects that have been issued an investment registration certificate or a decision on investment orientation according to Decree No. 118/2015/NĐ-CP from December 27, 2015 to before this Circular takes effect.
Các điểm cốt lõi
- Regulations on special investment incentive industries
- Areas with difficult socio-economic conditions
- Tax exemptions and reductions for corporate income tax, import tax, and non-agricultural land use tax for eligible investment projects under Decree No. 118/2015/NĐ-CP.
- Procedures for applying investment incentives and adjustments to investment incentives
- Ensuring business investment in cases of changes in laws
🌐 Tác động xã hội từ văn bản này
- Creating a favorable environment for investments in special incentive industries and difficult areas
- Financial support through tax exemptions for eligible investment projects.
- Improving economic and social conditions in difficult regions through attracting investment.
❓ Câu hỏi thường gặp
When does this Circular take effect?
This Circular takes effect from August 1, 2016.
What regulations will apply to investment projects that have been granted an investment registration certificate before this Circular takes effect?
For investment projects that have been issued an investment registration certificate or a decision on investment orientation from December 27, 2015 to before this Circular takes effect, they shall be implemented according to the guidance provided in Article 1, Article 2, Article 3, Article 4, Article 5, and Article 6 of this Circular.
What tax incentives apply to domestic investment projects with a capital scale below 15 billion VND before July 1, 2015?
For domestic investment projects with a capital investment scale below 15 billion VND implemented before July 1, 2015, the tax incentive policy (corporate income tax, import tax, non-agricultural land use tax) shall be implemented according to the provisions of the legal documents in force prior to July 1, 2015.
Toàn văn
CIRCULAR
GUIDELINES FOR IMPLEMENTING INVESTMENT INCENTIVES AS PROVIDED FOR IN THE INVESTMENT LAW AND DECREE NO. dated November 12, 2015 of the Government detailing and guiding the implementation of certain provisions of the Investment Law; OF NOVEMBER 12, 2015, PROVIDING DETAILS AND GUIDANCE ON THE IMPLEMENTATION OF CERTAIN PROVISIONS OF THE INVESTMENT LAW
Pursuant to the Investment Law No. 67/2014/QH13 dated November 26, 2014;
Pursuant to the Corporate Income Tax Law No. 14/2008/QH12 dated June 3, 2008, and the Law Amending and Supplementing Certain Provisions of the Corporate Income Tax Law No. 32/2013/QH13 dated June 19, 2013;
Pursuant to the Law Amending and Supplementing Certain Provisions of Various Tax Laws No. 71/2014/QH13 dated November 26, 2014;
Pursuant to the Special Consumption Tax Law No. 27/2008/QH12 dated November 14, 2008, and the Law Amending and Supplementing Certain Provisions of the Special Consumption Tax Law No. 70/2014/QH13 dated November 26, 2014;
Pursuant to the Export and Import Tax Law No. 45/2005/QH11 dated June 14, 2005;
Pursuant to the Land Rent Tax for Non-Agricultural Purposes Law No. 48/2010/QH12 dated June 17, 2010;
Pursuant to the Tax Administration Law No. 78/2006/QH11 dated November 29, 2006, and the Law Amending and Supplementing Certain Provisions of the Tax Administration Law No. 21/2012/QH13 dated November 20, 2012;
Pursuant to Decree No. 118/2015/NĐ-CP dated November 12, 2015 of the Government providing details and guidance on the implementation of certain provisions of the Investment Law;
Pursuant to Decree No. 218/2013/NĐ-CP dated December 26, 2013 of the Government providing details and guidance on the implementation of certain provisions of the Corporate Income Tax Law, and Decree No. 91/2014/NĐ-CP dated October 1, 2014 of the Government amending and supplementing certain provisions of various tax decrees;
Pursuant to Decree No. 12/2015/NĐ-CP dated February 12, 2015 of the Government providing detailed implementation of the Law Amending and Supplementing Certain Provisions at Various Tax Laws and Amending and Supplementing Certain Provisions of Various Tax Decrees;
Pursuant to Decree No. 87/2010/NĐ-CP dated August 13, 2010 of the Government providing details on the implementation of certain provisions of the Export and Import Tax Law;
Pursuant to Decree No. 53/2011/NĐ-CP dated July 1, 2011 of the Government providing details and guidance on the implementation of certain provisions of the Land Rent Tax for Non-Agricultural Purposes Law;
Pursuant to Decree No. 83/2013/NĐ-CP dated July 22, 2013 of the Government providing details on the implementation of certain provisions of the Tax Administration Law and the Law Amending and Supplementing Certain Provisions of the Tax Administration Law;
Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
At the proposal of the Director of the Policy Department;
The Minister of Finance hereby issues this Circular guiding the implementation of investment incentives as provided for in the Investment Law No. 67/2014/QH13 and Decree No. 118/2015/NĐ-CP dated November 12, 2015 of the Government providing details and guidance on the implementation of certain provisions of the Investment Law (hereinafter referred to as Decree No. 118/2015/NĐ-CP).
Article 1. Scope of Regulation
1. This Circular guides the implementation of corporate income tax (CIT) incentives, import tax incentives, and land rent tax for non-agricultural purposes incentives for investment beneficiaries as provided for in the Investment Law No. 67/2014/QH13 and Decree No. 118/2015/NĐ-CP dated November 12, 2015 of the Government providing details and guidance on the implementation of certain provisions of the Investment Law (hereinafter referred to as Decree No. 118/2015/NĐ-CP).
2. Incentives for land lease fees and land use fees as provided for in Clause 1, Article 16 of Decree No. 118/2015/NĐ-CP shall be implemented according to the guidelines of the Ministry of Finance regarding land lease fees and land use fees.
Article 2. Applicability
1. Investment projects, enterprises, and organizations as provided for in Clauses 2, 3, and 4, Article 15 of the Investment Law No. 67/2014/QH13 and Article 16 of Decree No. 118/2015/NĐ-CP.
2. Investors, competent state agencies, organizations, and individuals related to the implementation of investment incentives guided by this Circular.
Article 3. Explanation of Terms
In this Circular, the following terms are understood as follows:
1. An investment project with a capital scale of 6,000 billion VND or more is an investment project with a capital scale recorded in the Certificate of Investment Registration or the decision on investment orientation.
2. Rural areas are administrative regions not including the territory of wards under towns and districts under cities as stipulated in Clause 16, Article 2 of Decree No. 118/2015/NĐ-CP.
3. Goods subject to special consumption tax are goods as provided for in Clause 1, Article 2 of the Special Consumption Tax Law.
1. New investment projects meeting the conditions regarding corporate income tax incentives in fields as prescribed in the Law on Corporate Income Tax No. 14/2008/QH12, the Law Amending and Supplementing Certain Provisions of the Law on Corporate Income Tax No. 32/2013/QH13, the Law Amending and Supplementing Certain Provisions of Various Tax Laws No. 71/2014/QH13 (hereinafter referred to as the Law on Corporate Income Tax) or located in areas with investment incentives as stipulated in Appendix II issued together with Decree No. 118/2015/NĐ-CP (except for areas specified in Clause 55 of Appendix II which shall be implemented according to the guidelines set out in Clauses 2, 3, and 4 of this Article) shall enjoy corporate income tax incentives at corresponding levels applicable to the fields or areas prescribed in the Law on Corporate Income Tax.
Example 1: New investment project A producing composite materials in Hoang Mai District, Hanoi City, with an investment orientation decision dated January 1, 2016. According to the provisions of the Law on Corporate Income Tax and Decree No. 118/2015/NĐ-CP as guided in Clause 1 of this Article, new investment project A does not fall within the list of investment incentive areas specified in Appendix II of Decree No. 118/2015/NĐ-CP, but it is an investment project in a field eligible for corporate income tax incentives as stipulated in Point b, Clause 1, Article 13 of the Law on Corporate Income Tax. Accordingly, the income of the enterprise from implementing new investment project A will be subject to a corporate income tax rate of 10% for a period of 15 years, exempted from tax for up to 4 years, and reduced by 50% of the tax payable for up to 9 subsequent years according to the provisions of the Corporate Income Tax Law.
Example 2: New investment project B producing fertilizers in Quan Son District, Thanh Hoa Province, with an investment orientation decision dated January 1, 2016. According to the provisions of the Law on Corporate Income Tax and Decree No. 118/2015/NĐ-CP as guided in Clause 1 of this Article, new investment project B does not belong to a field eligible for corporate income tax incentives, but it is an investment project in an area with special difficult business and social conditions as stipulated in Appendix II of Decree No. 118/2015/NĐ-CP. Accordingly, the income of the enterprise from implementing new investment project B will be subject to a corporate income tax rate of 10% for a period of 15 years, exempted from tax for up to 4 years, and reduced by 50% of the tax payable for up to 9 subsequent years according to the provisions of the Corporate Income Tax Law.
2. New investment projects in economic zones, high-tech zones (including concentrated information technology zones established pursuant to the Prime Minister's Decision) shall enjoy tax incentives at levels applicable to new investment projects in economic zones and high-tech zones as prescribed by the Corporate Income Tax Law.
3. New investment projects in industrial parks (excluding industrial parks located in areas with favorable economic and social conditions as stipulated in Clause 3, Article 16 of Decree No. 91/2014/NĐ-CP dated October 1, 2014 of the Government) that do not fall under the investment projects mentioned in Clauses 1 and 2 of this Article shall enjoy tax incentives at levels applicable to new investment projects in industrial parks as prescribed by the Corporate Income Tax Law.
4. New investment projects in export processing zones shall be implemented according to the guidelines set out in Clause 3 of this Article.
5. In cases where new investment projects simultaneously meet multiple conditions for corporate income tax incentives, they may choose to enjoy the most beneficial tax incentive level.
Example 3: New investment project C producing software products in Ly Nhan District, Ha Nam Province, was granted an investment registration certificate on January 15, 2016. According to the provisions of the Law on Corporate Income Tax and Decree No. 118/2015/NĐ-CP as guided in Clause 1 of this Article, new investment project C is an investment project in a field eligible for corporate income tax incentives as stipulated in Point b, Clause 1, Article 13 of the Law on Corporate Income Tax, and also an investment project in an area with difficult economic and social conditions as stipulated in Appendix II of Decree No. 118/2015/NĐ-CP. According to the guidelines set out in Clause 5 of this Article, new investment project C, which meets multiple conditions for corporate income tax incentives simultaneously, may choose to enjoy the most beneficial tax incentive level. Specifically, it can choose to enjoy tax incentives based on the field of corporate income tax incentives provided by the law: The income of the enterprise from implementing new investment project C can choose to be subject to a corporate income tax rate of 10% for a period of 15 years, exempted from tax for up to 4 years, and reduced by 50% of the tax payable for up to 9 subsequent years according to the provisions of the Corporate Income Tax Law.
6. High-tech enterprises, science and technology enterprises (S&T enterprises), and S&T organizations as prescribed by the law on high-tech and the law on science and technology in Point d, Clause 1, Article 16 of Decree No. 118/2015/NĐ-CP:
a) High-tech enterprises shall implement corporate income tax incentives as prescribed by the Corporate Income Tax Law.
b) Science and technology enterprises meeting the revenue conditions for science and technology as prescribed by the law on science and technology, upon being granted a Certificate of Science and Technology Enterprise, shall enjoy tax exemption and reduction benefits equivalent to those for enterprises investing in high-tech zones as prescribed by the Corporate Income Tax Law.
c) S&T organizations with investment projects shall enjoy corporate income tax incentives according to the guidelines set out in this Article corresponding to the conditions of each specific project in terms of fields and locations.
7. For new investment projects producing goods subject to special consumption taxes:
a) For new investment projects producing passenger cars with less than 24 seats, including multi-purpose vehicles with two or more rows of seats and a fixed partition between the passenger compartment and cargo compartment: They shall enjoy corporate income tax incentives according to the guidelines set out in Clause 1 (excluding corporate income tax incentives in fields as prescribed by the Law on Corporate Income Tax), Clause 2, Clause 3, Clause 4, Clause 5, and Clause 6 of this Article.
b) For new investment projects producing other goods subject to special consumption taxes except those specified in Point a of this Clause: They shall not enjoy corporate income tax incentives according to the guidelines set out in this Article.
Example 4: New investment project G for producing passenger cars with up to nine seats at the Chu Lai Economic Zone in Quang Nam Province was granted an investment registration certificate on January 20, 2016. According to the guidance provided in point a, Clause 7 of this Article, new investment project G is considered a new investment project at an economic zone as defined in point a, Clause 1 of Article 13 of the Law on Corporate Income Tax. Accordingly, income from implementing new investment project G will be subject to a tax rate of 10% for a period of 15 years, exempted from tax for a maximum of four years, and reduced by 50% of the tax payable for a maximum of nine subsequent years according to the provisions of the Corporate Income Tax Law.
Example 5: New investment project H for producing tobacco products at the Chu Lai Economic Zone in Quang Nam Province was granted an investment registration certificate on January 20, 2016. According to the guidance provided in point b, Clause 7 of this Article, new investment project H does not qualify for corporate income tax incentives.
8. For expansion investment projects: If they meet the criteria specified in Clause 4 of Article 14 of the Law on Corporate Income Tax, they may choose to enjoy tax incentives according to the ongoing project for the remaining time (if any), or be exempted or have their taxes reduced on the additional income generated by the expansion investment. The exemption and reduction period for additional income due to expansion investment under this clause shall be equal to the exemption and reduction period applicable to new investment projects in the same locality and sector eligible for corporate income tax incentives according to the provisions of the Corporate Income Tax Law.
9. The conditions for applying tax incentives and procedures for implementing corporate income tax incentives as guided in this Circular shall be implemented in accordance with the guidance provided in Circular No. 78/2014/TT-BTC dated June 18, 2014, issued by the Ministry of Finance to guide the implementation of Decree No. 218/2013/NĐ-CP dated December 26, 2013, of the Government stipulating and guiding the implementation of the Law on Corporate Income Tax; Circular No. 119/2014/TT-BTC dated August 25, 2014, issued by the Ministry of Finance amending and supplementing certain articles of Circular No. 156/2013/TT-BTC, Circular No. 111/2013/TT-BTC, Circular No. 219/2013/TT-BTC, Circular No. 08/2013/TT-BTC, Circular No. 85/2011/TT-BTC, Circular No. 39/2014/TT-BTC, and Circular No. 78/2014/TT-BTC to streamline administrative procedures related to taxation; Circular No. 151/2014/TT-BTC dated October 10, 2014, issued by the Ministry of Finance guiding the implementation of Decree No. 91/2014/NĐ-CP dated October 1, 2014, of the Government regarding amendments and supplements to certain articles in various decrees on taxation; Circular No. 96/2015/TT-BTC dated June 22, 2015, issued by the Ministry of Finance guiding corporate income tax under Decree No. 12/2015/NĐ-CP dated February 12, 2015, of the Government and amending and supplementing certain articles of Circular No. 78/2014/TT-BTC, Circular No. 119/2014/TT-BTC, and Circular No. 151/2014/TT-BTC of the Ministry of Finance. Circular No. 21/2016/TT-BTC dated February 5, 2016, guiding value-added tax declarations and corporate income tax incentives as stipulated in Decree No. 111/2015/NĐ-CP dated November 3, 2015, of the Government on the development of supporting industries.
Article 5. Guidance on import tax incentives
1. For investment projects in special investment priority sectors listed in Section A of Appendix I or carried out in areas with particularly difficult socio-economic conditions as defined in Appendix II of Decree No. 118/2015/NĐ-CP, the following import tax incentives apply:
a) Exemption from import duties on goods imported to form fixed assets as provided in Clause 6 and Clause 8 of Article 12 of Decree No. 87/2010/NĐ-CP dated August 13, 2010, of the Government detailing the implementation of certain provisions of the Law on Export Duties and Import Duties (hereinafter referred to as Decree No. 87/2010/NĐ-CP).
b) Raw materials, components, and parts that are not domestically produced and imported for production purposes of investment projects (except for automobile assembly projects, motorcycle assembly projects, air conditioning units, electric heaters, refrigerators, washing machines, electric fans, dishwashers, CD players, audio systems, electric irons, water heaters, hair dryers, hand dryers, and other items as decided by the Prime Minister) are exempt from import duties for a period of five years, starting from the date of commencement of production as provided in Clause 14 of Article 12 of Decree No. 87/2010/NĐ-CP.
2. For investment projects in priority investment sectors listed in Section B of Appendix I or carried out in areas with difficult socio-economic conditions as defined in Appendix II of Decree No. 118/2015/NĐ-CP, the exemption from import duties applies to goods imported to form fixed assets as provided in Clause 6 and Clause 8 of Article 12 of Decree No. 87/2010/NĐ-CP.
3. Investment projects receiving import tax incentives for hotels, office buildings, rental apartments, residential buildings, shopping centers, technical services, supermarkets, golf courses, tourist areas, sports facilities, entertainment venues, healthcare facilities, training institutions, cultural facilities, financial institutions, banks, insurance companies, auditing firms, and consulting services are exempt from import duties for the first time on equipment imported according to the list specified in Appendix II of Decree No. 87/2010/NĐ-CP to form fixed assets of the project. Projects benefiting from the initial import duty exemption under this clause shall not be eligible for further import duty exemptions as guided by other clauses of this Article.
4. For investment projects with a capital scale of 60,000 billion VND or more, and which disburse a minimum of 60,000 billion VND within three years from the date of issuance of the investment registration certificate or the decision on investment orientation:
a) They are entitled to import tax incentives equivalent to those for investment projects in areas with particularly difficult socio-economic conditions as guided in Clause 1 of this Article.
b) Within three years from the date of issuance of the investment registration certificate or the decision on investment orientation, the implementation of import tax incentives as guided in point a of this clause shall be based on the declaration made by the investor.
c) In cases where the investment project has not disbursed a minimum of 60,000 billion VND within three years from the date of issuance of the investment registration certificate or the decision on investment orientation, it shall not be entitled to import tax incentives as guided in point a of this clause.
Example 6: Investment Project I was issued with an Investment Registration Certificate on January 1, 2016, with the investment capital scale recorded in the Investment Registration Certificate being VND 6,500 billion, to be disbursed a minimum of VND 6,000 billion within three years from the date of issuance of the Investment Registration Certificate. Investment Project I is exempted from import tax according to the guidance provided in Clause 1 of this Article.
During the period from January 1, 2016 to after December 31, 2018, the project owner imports goods to create fixed assets for the project, imports raw materials, components, and parts that are not domestically produced for production purposes (in case the project has commenced production, if applicable), and at the time of importation, these consignments are exempted from import tax according to the provisions of Clauses 6 and 14 of Article 12 of Decree No. 87/2010/ND-CP. After December 31, 2018:
(i) In the case where the project has disbursed a minimum of VND 6,000 billion: The project continues to be exempted from import tax on imported goods to create fixed assets (if any), and is exempted from import tax for a period of five years, starting from the date of commencement of production for raw materials, components, and parts that are not domestically produced and imported for production purposes of the investment project according to the provisions of Clauses 6, 8, and 14 of Article 12 of Decree No. 87/2010/ND-CP.
(ii) In the case where the project has not disbursed a minimum of VND 6,000 billion: The project owner does not benefit from the import tax exemption.
5. For investment projects located in rural areas employing 500 workers or more (excluding part-time workers and workers with contracts under 12 months):
a) They are entitled to apply for import tax exemptions similar to those for investment projects in economically disadvantaged areas according to the guidance provided in Clause 2 of this Article.
b) For investment projects employing 500 workers or more and located in areas comprising both rural and non-rural regions, the number of workers working on construction works or sub-projects in rural areas shall be taken into account to determine eligibility (excluding the number of workers working on construction works or sub-projects in non-rural areas).
6. For high-tech enterprises, science and technology enterprises, and scientific and technological organizations as stipulated by laws on high technology and laws on science and technology: Import tax exemptions are applied according to the guidance provided in Clauses 1, 2, 3, 4, and 5 of this Article depending on the specific conditions regarding industry, location, scale of investment capital, or employment of each individual investment project.
7. Import tax exemptions as stipulated in this Article shall not be applied to investment projects for mineral exploitation; production and trading of goods and services subject to special consumption tax, except for automobile production.
8. Documents and procedures for import tax exemption, reports on inspection of the use of duty-free goods:
a) Goods imported duty-free under Investment Projects mentioned in Clauses 1, 2, 3, 4, 5, and 6 of this Article fall under the category requiring registration of the List of Imported Goods Exempted from Import Tax. When registering the List of Imported Goods Exempted from Import Tax with the customs authority, the project owner is responsible for submitting one copy of the scanned Investment Registration Certificate or decision on investment policy approval document indicating that the investment project has a capital scale of VND 6,000 billion or more, to be disbursed a minimum of VND 6,000 billion within three years from the date of issuance of the Investment Registration Certificate or the date of decision on investment policy approval or an investment project located in a rural area employing 500 workers or more. In the case of an investment project located in a rural area employing 500 workers or more which does not require an Investment Registration Certificate or decision on investment policy approval, the project owner submits one original copy of the notification document containing information about labor and project implementation progress, one copy of the scanned Economic and Technical Justification Document/Economic and Technical Documentation, and one original copy. The registration of the List of Imported Goods Exempted from Import Tax is carried out according to the guidance provided in Article 104 of Circular No. 38/2015/TT-BTC dated March 25, 2015 of the Ministry of Finance guiding customs procedures; customs inspection and supervision; export tax, import tax, and management of taxes on exported and imported goods (hereinafter referred to as Circular No. 38/2015/TT-BTC).
b) Documents and procedures for import tax exemption for the investment projects mentioned in Clauses 1, 2, 3, 4, 5, and 6 of this Article are implemented according to the guidance provided in Article 105 of Circular No. 38/2015/TT-BTC.
c) Reports and inspections of the use of duty-free imported goods for the investment projects mentioned in Clauses 1, 2, 3, 4, 5, and 6 of this Article are carried out according to the guidance provided in Article 106 of Circular No. 38/2015/TT-BTC.
Article 6. Guidelines on tax incentives for non-agricultural land use
1. Investment projects belonging to special investment incentive industries and occupations specified in Section A of Appendix I or investing in areas with particularly difficult socio-economic conditions as defined in Appendix II of Decree No. 118/2015/NĐ-CP shall be exempted from non-agricultural land use tax according to Clause 1 of Article 9 of the Law on Taxation of Non-Agricultural Land Use.
2. Investment projects belonging to investment incentive industries and occupations specified in Section B of Appendix I or investing in areas with difficult socio-economic conditions as defined in Appendix II of Decree No. 118/2015/NĐ-CP shall have their non-agricultural land use tax reduced by 50% according to Clause 1 of Article 10 of the Law on Taxation of Non-Agricultural Land Use.
3. Investment projects with a capital scale of VND 6,000 billion or more, implementing at least VND 6,000 billion in disbursements within three years from the date of issuance of the Certificate of Investment Registration or the Decision on Investment Orientation:
a) Shall enjoy tax incentives for non-agricultural land use in areas with particularly difficult socio-economic conditions according to the guidelines set out in Clause 1 of this Article.
b) Within three years from the date of issuance of the Certificate of Investment Registration or the Decision on Investment Orientation, the implementation of tax incentives for non-agricultural land use according to the guidelines set out in point a of this clause shall be based on the declaration made by the investment project owner.
c) In cases where the investment project has not implemented at least VND 6,000 billion in disbursements within three years from the date of issuance of the Certificate of Investment Registration or the Decision on Investment Orientation, it shall not enjoy tax incentives for non-agricultural land use according to the guidelines set out in point a of this clause.
4. Investment projects located in rural areas employing 500 workers or more (excluding workers who work part-time and those with contracts shorter than twelve months):
a) Shall enjoy tax incentives for non-agricultural land use in areas with difficult socio-economic conditions according to the guidelines set out in Clause 2 of this Article.
b) In cases where the investment project employs 500 workers or more and is located in both rural and non-rural areas, it shall be determined according to the guidelines set out in point b of Clause 5 of Article 5 of this Circular.
c) In cases where the investment project located in rural areas does not meet the condition of employing 500 workers or more, it shall not enjoy tax incentives for non-agricultural land use during the period when it does not meet the required conditions.
5. Investment projects belonging to investment incentive industries and occupations specified in Section B of Appendix I of Decree No. 118/2015/NĐ-CP, implemented in areas with difficult socio-economic conditions as defined in Appendix II of Decree No. 118/2015/NĐ-CP, shall be exempted from non-agricultural land use tax according to Clause 1 of Article 9 of the Law on Taxation of Non-Agricultural Land Use.
6. High-tech enterprises, science and technology enterprises, and scientific and technological organizations as stipulated by laws on high technology and laws on science and technology: Shall apply tax incentives for non-agricultural land use according to the guidelines set out in Clauses 1, 2, 3, 4, and 5 of this Article depending on the specific conditions regarding industry and occupation, location, investment capital scale, or labor employment of each investment project.
7. Investment projects involving mineral exploitation; production and trading of goods and services subject to special consumption tax, except for automobile production, shall not be eligible for tax incentives for non-agricultural land use as stipulated in this Article.
8. Principles, authority, and procedures for exemption and reduction of non-agricultural land use tax shall be carried out according to the provisions of the Law on Taxation of Non-Agricultural Land Use, Decree No. 53/2011/NĐ-CP dated July 1, 2011 of the Government detailing and guiding the implementation of certain articles of the Law on Taxation of Non-Agricultural Land Use, Circular No. 153/2011/TT-BTC dated November 11, 2011 of the Ministry of Finance guiding non-agricultural land use tax, the Law on Tax Administration, and other guiding documents.
Article 7. Implementation Organization
1. This Circular takes effect from August 1, 2016.
2. For investment projects that have been issued an Investment Registration Certificate or an Investment Orientation Decision according to Decree No. 118/2015/NĐ-CP from December 27, 2015 until the effective date of this Circular, they shall be implemented according to the guidelines set out in Articles 1, 2, 3, 4, 5, and 6 of this Circular.
3. The procedures for applying investment incentives shall be carried out according to Article 17 of Decree No. 118/2015/NĐ-CP. The content regarding Investment License, Investment Certificate, Business Registration Certificate in documents guiding the procedures for implementing preferential policies on corporate income tax, import tax, and non-agricultural land use tax cited in this Circular shall be replaced accordingly by the Investment Registration Certificate, Investment Orientation Decision, or Science and Technology Enterprise Certificate (for science and technology enterprises) according to Clause 2 of Article 17 of Decree No. 118/2015/NĐ-CP.
4. Adjustments to investment incentives shall be carried out according to Article 17 of Decree No. 118/2015/NĐ-CP, and ensuring business operations in case of changes in laws shall be carried out according to Article 3 of Decree No. 118/2015/NĐ-CP.
6. In cases where the documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the provisions of the amended, supplemented, or replacement documents.
7. During the implementation process, if there are difficulties, organizations and individuals concerned are requested to promptly report to the Ministry of Finance for appropriate amendments and supplements.
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Place of Receipt: |
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