On what principle do enterprises enjoy investment incentives?

Pursuant to  Article 20 of Decree 31/2021/ND-CP  , enterprises enjoy investment incentives according to the following principles:

“Article 20. Principles of application of investment incentives

1. Investment projects specified in Clause 3, Article 19 of this Decree are entitled to investment incentives similar to those applicable to investment projects in geographical areas with extremely difficult socio-economic conditions.

2. Investment projects in rural areas employing 500 or more employees and projects employing persons with disabilities specified at Points b and c, Clause 4, Article 19 of this Decree are entitled to investment incentives. as prescribed for investment projects in areas with difficult socio-economic conditions.

3. Investment projects in sectors and trades eligible for investment incentives implemented in areas with difficult socio-economic conditions are entitled to investment incentives as prescribed for investment projects in conditional geographical areas. especially difficult socio-economic difficulties.

4. Specific incentives for investment projects specified in Clauses 1, 2 and 3 of this Article shall be applied in accordance with the law on tax, accounting and land.

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8. In case an industrial park or export processing zone has been established under the Government’s regulations and is removed from the planning by a competent authority or approved for conversion to another use purpose or construction investment project. If the construction and business of infrastructure of industrial parks and export processing zones cease to operate in accordance with the law on investment, investment projects implemented in industrial parks and export processing zones may continue to enjoy incentives. investment in accordance with the provisions of the Investment License, Business License, Investment Incentive Certificate, Investment Certificate, Investment Registration Certificate, investment policy decision document,The decision approving the investment policy or another document of a competent state agency that provides for investment incentives (if any of such documents is available) or according to the provisions of law in force in Vietnam. time of investment in industrial parks, export processing zones (in case such documents are not available).”

Newly established businesses in difficult areas are entitled to investment incentives in terms of corporate income tax?

Are newly established businesses in difficult areas eligible for investment incentives?

Pursuant to  Article 19 of Decree 31/2021/ND-CP  , newly established enterprises in disadvantaged areas are entitled to investment incentives as follows:

“Article 19. Entities entitled to investment incentives

Entities entitled to investment incentives as prescribed in Clause 2, Article 15 of the Law on Investment include:

1. Investment projects in industries or trades eligible for investment incentives or industries or trades with special investment incentives as prescribed in Appendix II of this Decree.

2. Investment projects in areas with difficult socio-economic conditions or areas with extremely difficult socio-economic conditions as prescribed in Appendix III of this Decree.

3. Investment projects with an investment capital of VND 6,000 billion or more may be eligible for investment incentives specified at Point c, Clause 2, Article 15 of the Law on Investment when fully meeting the following conditions:

a) Disburse at least VND 6,000 billion within 3 years from the date of issuance of the Investment Registration Certificate, the Decision on approval of investment policy and the investor’s approval (for the investment project). not subject to the issuance of an Investment Registration Certificate) or an Investor Approval Decision (for projects not subject to the issuance of an Investment Registration Certificate);

b) Having a total turnover of at least VND 10,000 billion per year within 03 years at the latest from the year of turnover or employing 3,000 or more regular employees annually in accordance with the law on no later than 3 years from the year of revenue.”

Newly established businesses in difficult areas are entitled to investment incentives in terms of corporate income tax?

As mentioned above, newly established enterprises in disadvantaged areas are entitled to investment incentives, therefore, according to the provisions of Clause  1, Article 15 of the Law on Investment 2020  , enterprises enjoying investment incentives will enjoy these incentives. treat as follows:

“Article 15. Forms and subjects of application of investment incentives

1. Forms of investment incentives include:

a) Corporate income tax incentives, including the application of corporate income tax rates lower than the normal tax rates for a definite term or for the entire duration of the investment project; tax exemption, tax reduction and other incentives in accordance with the law on corporate income tax;

b) Exemption from import tax on goods imported to create fixed assets; raw materials, supplies and components imported for production in accordance with the law on import and export tax;

c) Exemption or reduction of land use levy, land rent and land use tax;

d) Accelerated depreciation, increased deductible expenses when calculating taxable income.”

Accordingly, newly established enterprises in difficult areas will enjoy tax incentives, specifically as follows:

According to  Clause 1, Article 11 of Circular 96/2015/TT-BTC,  there are provisions:

The preferential tax rate of 10% for a period of fifteen (15 years) applies to: Incomes of enterprises from implementing new investment projects in: areas with extremely difficult socio-economic conditions specified in the Appendix issued together with Decree No. 218/2013/ND-CP Economic zones, high-tech zones including concentrated information technology zones established under the Prime Minister’s Decision.

And according to  Clause 1, Article 12 of Circular 96/2015/TT-BTC,  there are provisions:

Tax exemption for four years, reduction of 50% of payable tax for the next nine years for: Incomes of enterprises from implementing investment projects specified in Clause 1, Article 19 of Circular No. 78/2014/TT-BTC ( as amended and supplemented in Clause 1, Article 11 of this Circular).

Thus, newly established enterprises in difficult areas will enjoy the   above mentioned corporate income tax incentives.