Investment incentives guidance
09:08 - 12/08/2021
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 “automatically” enjoy such incentives?
Answer:
Relating to the issue of “Enjoying the investment incentives recorded in Investment registration certificate?” Hnlaw & Partner please consult as follows:
Pursuant to Article 22 of Decree 31/2021/ND-CP; the investment incentives are adjusted in the following cases:
1. An investment project which is entitled to investment incentives and satisfies conditions for receiving investment incentives at a higher level or additional investment incentives in the new form of incentive shall be entitled to the investment incentives at the higher level or additional investment incentives in the new form of incentive for the remaining incentive period.
2. The investor shall not be entitled to the incentives written on the investment registration certificate or decision on approval for investment guidelines or the incentives determined by the investor itself if the investment project fails to satisfy the conditions for investment incentives specified in the investment registration certificate, decision on approval for investment guidelines, decision on approval for both investment guidelines and investors or decision on investor approval or fails to satisfy the conditions for investment incentives determined by the investor itself. If the investment project satisfies the conditions for other investment incentives, the investor is entitled to the investment incentives according to such conditions.
3. During the period of entitlement to incentives, the investor whose investment project fails to satisfy conditions for investment incentives for a certain period shall not be entitled to such investment incentives for such period of failure to satisfy the conditions for investment incentives.
=> 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.
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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.
Email: tuvan.hnlaw@gmail.com
Hotline: 0912.918.296
