Article 13. Preferential CIT rates
1. 10% CIT rate for 15 years shall be applied to:
a) Incomes of an enterprise from execution of new investment projects in extremely disadvantaged areas, economic zones or hi-tech zones;
b) Incomes of the enterprise from execution of new investment projects in the following areas: scientific research and technology development; application of high technologies given priority according to the Law on High Technology; cultivation of high technology, cultivation of high-tech enterprises; venture capital investment in development of high technologies on the list of high technologies given priority according to the Law on High Technology; investment in construction, operation of facilities for cultivation of high technologies, cultivation of high-tech enterprises; investment in development of particularly important infrastructural works of the State as prescribed by law; software production; manufacture of composite materials, light building materials, rare and valuable materials; production of renewable energy, clean energy, waste-to-energy process; development of biotechnology; investment in environmental protection;
c) Incomes of high-tech enterprises and agriculture enterprises applying high technologies as prescribed by the Law on High Technologies;
d) Incomes of an enterprise from execution of new manufacturing projects (except for manufacturing of products subject to excise tax and mineral extraction projects) that satisfy any of the following criteria:
– The project’s capital is at least VND 6,000 billion disbursed within 03 years from the date of investment certificate, and total revenue is at least VND 10,000 billion per year after no more than 3 years from the first year in which revenues are generated by the project;
– The project’s capital is at least VND 6,000 billion disbursed within 03 years from the date of investment certificate, and it uses over 3,000 employees.
dd) Incomes of an enterprise for execution of a new investment project for manufacture of products on the list of ancillary products given priority that satisfy any of the following criteria:
– Ancillary products are meant to support high technologies according to regulations of the Law on High Technologies;
– Ancillary products are meant to support manufacturing of: textile and garment; leather and footwear; electronics and IT products; manufacturing of cars; fabricating mechanics that, by January 01, 2015, they cannot be manufactured in Vietnam or can be manufactured in Vietnam and satisfy technical standards of EU or equivalent standards.
The list of ancillary products given priority specified in this Point shall be announced by the Government;
e) Incomes of an enterprise from execution of manufacturing projects, except for manufacturing of products subject to excise tax and mineral extraction projects, ) in which investment is at least VND 12,000 billion, using technologies that must be appraised in accordance with the Law on High Technologies, the Law on Science and Technology, and capital is disbursed within 05 years from the date of investment licensing as prescribed in the Law on investment.
2. 10% CIT rate shall be applied to:
a) Incomes of an enterprise’s investment in the public sector fields such as education – training, vocational training, healthcare, culture, sports and environment;
b) Incomes of an enterprise from execution of an investment project on construction of social housing for sale, lease or lease purchase to the entities specified in Article 53 of the Law on Housing;
c) Incomes of a press agency from newspapers, including advertisements on newspapers, as prescribed in the Law on Journalism; incomes of a publisher from publishing defined in the Law on Publishing;
d) Incomes of an enterprise from planting, caring and protection of forests; farming, husbandry, aquaculture in disadvantaged areas; forestry in disadvantaged areas; production, propagation and cross-breeding of plant varieties, animal breeds; production, extraction, and refining of salt, except for salt production prescribed in Clause 1 Article 4 of this Law; investment in post-harvest preservation of agriculture products; preservation of agricultural products, aquatic products, and foods;
dd) Incomes of a cooperative from agriculture, forestry, aquaculture or salt production in areas other than disadvantaged areas or extremely disadvantaged areas, except incomes of cooperatives in Clause 1 Article 4 of this Law.
3. 20% CIT rate for 10 years shall be applied to:
a) Incomes of an enterprise from execution of new investment projects in disadvantaged areas;
b) Incomes of an enterprise from execution of new investment projects in the following areas: production of high-class steel; production of energy-saving products; production of machinery and equipment serving agriculture, forestry, aquaculture or salt production; production of irrigation equipment; production of feeds for livestock and poultry; development of traditional trades.
Such an enterprise specified in this Clause may apply 17% CIT rate from January 01, 2016.
3a. 15% CIT rate shall be applied to incomes of enterprises from farming, husbandry, processing of agricultural and aquatic products in areas other than disadvantaged areas and extremely disadvantaged areas.
4. 20% CIT rate shall be applied to incomes earned by people’s credit funds and microfinance institutions.
People’s credit funds and microfinance institutions may apply 17% CIT rate from January 01, 2016.
5. The duration of application of preferential tax rates may be extended as follows:
a) With regard to investment projects with large scale and high technologies that need investment, the application of preferential tax rates may be extended but for a maximum period of 15 years;
b) The projects specified in Point e Clause 1 of this Article that satisfy any of the following criteria:
– The products manufactured are capable of global competition; the revenue exceeds VND 20,000 billion per year after no more than 05 years from the first year in which revenue is generated by the project;
– Over 6,000 employees are hired;
– The project involves economic-technical infrastructure, including: investment in development of water plants, power plants, water supply and drainage system, bridges, roads, railroads, airports, seaports, air terminals, train stations, new energy, clean energy, energy-saving industry or oil refinery.
The Prime Minister shall decide extension of duration for application of preferential tax rates prescribed in this Point provided that the extension shall not exceed 15 years.
5a. With respect to the investment projects specified in Clause 2 Article 20 of the Law on Investment, the Prime Minister shall decide to apply a preferential tax rate reducing by no more than 50% the preferential tax rate specified in Clause 1 of this Article. The duration of application of the preferential tax rate shall not exceed 1.5 times the duration of application of the preferential tax rate specified in Clause 1 and may be extended for no more than 15 years and must not exceed the duration of the investment project.
6. The preferential tax rates specified in this Article shall apply from first year in which the enterprise earns revenue from its new investment project. Regarding high-tech enterprises and agriculture enterprises applying high technologies, preferential tax rates shall be applied from the date of the certificate of high-tech enterprise or certificate of agriculture enterprise applying high technologies. Preferential tax rates shall apply to projects applying high technologies from the date of certificate of project applying high technologies.
The Government shall elaborate and provide guidelines for this Article.
Article 14. Duration of tax exemption and reduction
1. Incomes of enterprises from execution of the new investment projects specified in Clause 1, Point a Clause 2 Article 13 of this Law, and high-tech enterprises and agriculture enterprises applying high technologies shall be eligible for CIT exemption for no more than 4 years and 50% reduction of CIT payable for no more than 9 subsequent years.
1a. With respect to the investment projects specified in Clause 2 Article 20 of the Law on Investment, the Prime Minister shall decide to apply tax exemption for no more than 06 years and reduce 50% of total CIT payable for no more than 13 subsequent years.
2. Incomes of an enterprise from execution of new investment projects specified in Clause 3 Article 13 of this Law and incomes of an enterprise from execution of new investment projects in industrial parks (except those located in advantaged areas as prescribed by law) shall be eligible for CIT exemption for no more than 2 years and 50% reduction of CIT payable for no more than 4 subsequent years.
3. The duration of exemption/reduction of CIT on incomes of an enterprise from execution of new investment projects prescribed in Clause 1 and Clause 2 of this Article begins from the first year in which it earns taxable income from the project. In case where the enterprise earns no taxable income in the first 03 years, the tax exemption/reduction duration will begin in the 4th year from the first year in which revenue is generated by the project. The duration of tax exemption/reduction applied to high-tech enterprises, agriculture enterprises applying high technologies prescribed in Point c Clause 1 Article 13 of this Law begins from the date on which they are granted the certificate of high-tech enterprise or certificate of agriculture enterprise applying high technologies.
4. If one of the three conditions prescribed at this Clause is satisfied, the enterprise having a project of investment in another operating project such as expansion of production scale, increase of capacity and innovation of production technology (hereinafter referred to as “expansion”) in a field or area eligible for CIT incentives may decide whether to apply CIT incentives to its operating project for the remaining period (if any) or apply tax exemption or reduction to the increase in incomes from expansion. The duration of tax exemption or reduction to the increase in incomes from expansion prescribed in this Clause equals the tax exemption or reduction period applied to a new investment project in the same field or area eligible for CIT incentives.
The expansion eligible for CIT incentives specified in this Clause must satisfy one of the following criteria:
a) The increase in cost of fixed assets when the project is finished and put into operation is at least VND 20 billion, if the expansion is of a field eligible for CIT incentives as prescribed in this Law, or VND 10 billion, if the expansion is located in disadvantaged area or extremely disadvantaged area as prescribed by law;
b) The ratio of increase in cost of fixed assets to total cost of fixed assets before investment is at least 20%;
c) Design capacity after expansion increases by at least 20% compared to the design capacity before investment.
In case where an operating enterprise makes an expansion in a field or area eligible for tax incentives as prescribed in this Law but fails to satisfy any of the criteria mentioned in this Clause, tax incentives shall apply to the project for the remaining period (if any).
If the enterprise chooses incentives applied to expansion, the increase in income from expansion must be accounted for separately. If the enterprise is not able to separate the increase in income from expansion, it shall be determined according to the ratio of cost of new fixed assets to total cost of fixed assets of the enterprise.
The duration of tax exemption or reduction mentioned in this Clause begins from the year in which the expansion project is finished and put into operation.
Tax incentives mentioned in this Clause do not apply in the cases of expansion due to merger or acquisition of operating projects or enterprises.
The Government shall elaborate and provide guidelines for this Article.
Article 15. Other cases of CIT reduction
1. A manufacturing, construction or transport enterprise that employs a large amount of female employees shall be eligible for CIT reduction which is proportional to the expenditure on female workers.
2. An enterprise that employs a large amount of ethnic workers is eligible for CIT reduction which is proportional to the expenditure on the ethnic workers.
3. Income of an enterprise from transfer of technology in a field in which the technology transfer is given priority to an organization or individual located in a disadvantaged area is eligible for 50% reduction of CIT thereon.
The Government shall elaborate and provide guidelines for this Article.