Investment incentives guidance
(Investment incentives guidance) On the past December 4th, Hnlaw & Partners received a request for advice on investment incentives from a foreign investor as follows:
🍀Question: My company has been issued the Investment Registration Certificate; in which there are investment incentives recorded on enterprise income tax and import tax. Do we “auto” enjoy such incentives?
Relating to the issue of “Enjoying the investment incentives recorded in Investment registration certificate?” Hnlaw & Partner please consult as follows:
Pursuant to Clause 4 Article 17 of Decree 118/2015/ND-CP; the investment incentives are adjusted in the following cases:
- In case an investment project satisfies the conditions for additionally enjoying an investment incentive, its investor may enjoy such investment incentive for the remaining incentive period;
- An investor may not enjoy an investment incentive stated in the investment registration certificate or investment policy decision in case its/his/her investment project fails to satisfy the conditions for enjoying such investment incentive. In case the investment project satisfies the conditions for enjoying another investment incentive, the investor may enjoy the incentive under such conditions;
- In case an investment project fails to satisfy the conditions for enjoying an investment incentive for a period, its investor may not enjoy such investment incentive for such period.
=> Thus, based on the above provisions, even though the investment registration certificate of your company has recorded the incentives; but if you are not currently eligible, you will not receive the offer.
For more details please contact:
HNLAW & PARTNERS LAW FIRM
Address: DBS Building, N028, Lot 31, Commercial Services and Housing Area in Ha Tri, Ha Tri Ward, Ha Dong, Hanoi.