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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.:
210/2013/ND-CP
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Hanoi,
December 19, 2013
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DECREE
ON INCENTIVE POLICIES FOR ENTERPRISES INVESTING IN
AGRICULTURE AND RURAL AREAS
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the November 29, 2005 Law on
Investment;
Pursuant to the November 26, 2003 Law on
Land;
At the proposal of the Minister of Planning
and Investment;
The Government promulgates the Decree on
incentive policies for enterprises investing in agriculture and rural areas.
Chapter 1.
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Article 1. Scope of
regulation
This Decree provides a number of incentives and
additional investment supports of the State for enterprises which invest in
agriculture and rural areas.
Article 2. Subjects of
application
1. This Decree applies to investors receiving
incentives and supports that are enterprises established and registered their
activities according to legal provisions of Vietnam.
2. State agencies, organizations or individuals
related to implementation of policies on incentives and supports according to
provisions under this Decree.
Article 3. Interpretation of
terms
1. A rural area is an administratively delimited
area, not including wards, districts under towns and cities.
2. The agricultural sector eligible for special
investment incentives include branches, trades defined in the Appendix attached
to this Decree and other branches or trades as decided by the Prime Minister in
each period.
3. The agricultural projects eligible for
special investment incentives are projects in the agricultural sector eligible
for special investment incentives implemented in a geographical area on the
list of geographical areas with extremely-difficult economic-social conditions
under the legal provisions on investment.
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5. The agricultural projects eligible for
investment promotion are investment projects in the agricultural sector
eligible for special investment incentives implemented in rural areas.
Article 4. Principles of
application of investment incentives and supports
1. Investors when building areas for materials
that have stable contracts of association in the production of materials with
inhabitants shall be prioritized to be considered in advance for getting
incentives and investment supports.
2. In the same time, if an enterprise has
investment projects enjoying many different preferential rates, investment
supports, it is entitled to choose to apply the most preferential rate and
investment support.
3. Projects used preferential credit, credit
guarantee funds of the State are not under the subjects using support funds
from the State Budget as prescribed in this Decree.
Chapter 2.
LAND INCENTIVES
Article 5. Exemption or
reduction of land use levy
1. Investor with an agricultural project
eligible for special investment incentives using land allocated by the State
shall be exempted from land use levy for such project.
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3. Investor with an agricultural project
eligible for investment promotion using land allocated by the State shall be
entitled to a reduction of 50 per cent of land use levy payable into the state
budget for such project.
Article 6. Exemption or
reduction of land and water surface rents of the State
1. Investor with an agricultural project
eligible for investment incentives or investment promotion, leasing land or
water surface of the State shall be entitled to the lowest rent rate of
respective land type within the land rent bracket prescribed by the
provincial-level People's Committee.
2. Investors with
agricultural projects eligible for special investment incentives shall be
entitled to exemption of land or water surface rent from the date of completion
and commissioning of this project.
3. Investors with agricultural projects eligible
for investment incentives shall be entitled to exemption of land or water
surface rent within first 15 years from the date of completion and
commissioning of this project.
4. Investors with agricultural projects eligible
for investment promotion shall be entitled to exemption of land or water
surface rent within first 11 years from the date of completion and
commissioning of this project.
5. Investors with agricultural projects eligible
for special investment incentives, agricultural projects eligible for
investment incentives or agricultural projects eligible for investment
promotion shall be exempt with land rent for land areas which are used to build
workers' condominiums, planting trees and lands serving public welfare.
Article 7. Support of land
rent, water surface rent of households and individuals
1. Investors with agricultural projects eligible
for special investment incentives leasing land or leasing water surface of
households or individuals for implementation of such projects shall be
supported with 20 per cent of land rent or water surface rent by the State
according to Clause 1, Article 6 of this Decree within the first five (05)
years from the date of completion of basic construction.
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Article 8. Exemption,
reduction of land use levy when change of land use purpose
1. Investors with agricultural projects eligible
for special investment incentives in the planning approved by competent state
agencies shall be exempt from land use levy when changing land use purpose to
execute such projects as prescribed in this Decree.
2. Investors with agricultural projects eligible
for investment incentives in the planning approved by competent state agencies
shall be reduced 50% of land use levy when changing land use purpose to execute
such projects as prescribed in this Decree.
Chapter 3.
INVESTMENT SUPPORT
Article 9. Support in
training human resource, market development and application of science and
technology
1. Investors with agricultural projects eligible
for special investment incentives, investment incentives and investment
promotion shall be supported by the State Budget as follows:
a) To support 70 per cent of domestic vocational
training expenses. Each laborer shall be trained only once a year and the
duration of training eligible for supports must not exceed 6 months. The
training expense level must comply with prevailing provisions.
In case where an investor has a long-term
employment of untrained laborers, living in special use forests for training
and use, contribute in protection of the special use forests, it shall be
supported costs for training directly once at enterprise with VND 3 million / 3
months for each laborer.
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c) To support 70% of costs for conducting
research topics to create new technologies chaired by the enterprise in order
to execute the project, or the enterprise buys the technology copyright to
execute the project; supported with 30% of the total new investment cost to
conduct a project on pilot production.
2. The financial supports as prescribed in
Points a and b, Clause 1 of this Article shall be implemented according to
investment project. The total supports for each project will not exceed 10 per
cent of the total investment capital of the project and will not exceed VND one
(01) billion. If an enterprise does not use supports directly from the state
budget, those supports shall be counted in the production cost of the
enterprise when settling payments with competent state agencies.
3. Supports for projects approved by competent
state agencies as prescribed in Point c, Clause 1 of this Article shall be
collected from the national Fund for development of science and technology,
national Fund for technological renewal and Fund for development of science and
technology of ministries, provinces and cities under the Central Government and
from support capital sources from the state budget as prescribed by this
Decree, the maximum support level will not exceed three (03) billion VND/ a
project.
Article 10. Support for
investment of cattle and poultry slaughter establishments
1. Investors with investment projects in the
industrial concentrated cattle and poultry slaughter establishments shall be
supported by the state budget as follows:
a) To support at least two (02) billion VND / a
project for building infrastructure on power, water, factories, waste treatment
and equipment procurement. For projects with slaughter capacities which are
bigger than that as prescribed in Point a, Clause 2 of this Article, the
support level shall be increased accordingly.
b) In case a project having no traffic roads,
power system and water supply and drainage to the project’s fence, then beside
the support levels as prescribed in Point a, Clause 1 of this Article, this
project shall be supported with an additional 70% of costs but not exceeding
five (05) billions VND for investment in construction of above-mentioned items.
2. Investment projects enjoyed supports as
prescribed in Clause 1 of this Article must satisfy conditions as follows:
a) Slaughter capacity a day and night of each
project must achieve a minimum of 400 cattle or 4,000 poultry or 200 cattle and
2,000 poultry.
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c) To ensure animal health hygiene, safety and prevention of epidemic
disease, food safety, environmental protection according to the legal
provisions on animal health, food safety and environmental protection.
d) Investors must use at least 30 per cent of
local laborers.
Article 11. Support for
investment in cattle slaughter establishments
1. Investors having investment projects in
cattle breeding establishments with centralized scales shall be supported by
the state budget as follows:
a) To support 3 billion dong / a project,
especially for high-yield dairy cow breeding will be supported with 5 billion
dong / a project in order to build infrastructures on waste treatment, traffic,
power, water, factories, grasslands and equipment procurement.
b) In case where a project has no traffic roads,
power system and water supply and drainage to the project’s fence, then beside
the support levels as prescribed at Point a, Clause 1 of this Article, this
project shall be supported with an additional 70% of costs but not exceeding 5
billion dong for investment in construction of above-mentioned items.
c) In addition to infrastructure support defined
at Points a and b above, if the project imports original breeds of high-yield
livestock, it shall be supported with not exceeding 40% of cost for import of
original breeds; support 10 million Dong / a cattle for dairy breeds imported
from developing countries for enterprises of directly and dispersedly breeding
in households in provinces where have had dairy herds of over 5,000 cows and
support 15 million Dong / cow for the remaining provinces (possibly drafting
separate projects).
2. Investment projects enjoyed supports as
prescribed at Points a and b, Clause 1 of this Article must be guaranteed with
conditions as follows:
a) Having a concentrated regular livestock scale
of 1,000 or more for pigs, or from 500 or more for cattle, goats, or sheep; or
from 200 or more for imported high-yield beef cows; or from 500 or more for
high-yield dairy cows.
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c) To ensure animal health hygiene, safety and
prevention of epidemic diseases, food safety, environmental protection
according to the legal provisions on animal health, food safety and
environmental protection.
d) Investors must use at least 30 per cent of
local laborers.
Article 12. Support for
planting medicinal herbs
and macadamia trees
1. Investors having projects for growing
medicinal herbs, macadamia trees with a scale of 50 ha or more shall be
supported by the state budget with 15 million dong / ha for preparing fields
and seedling. Support for building establishments for production of macadamia
seed with a scale of 500,000 seedlings / year or more, with the maximum support
of 70% of investment cost / an establishment and not exceeding 2 billion dong.
2. The investment projects enjoyed supports
stated at Clause 1 of this Article must be within the planning approved by
competent state agencies or approved for investment by the provincial-level
People's Committee if no planning approved yet; medicinal plants are on the
list defining development incentives and encourages of the Ministry of Health.
Investors must use at least 30 per cent of local laborers.
Article 13. Support for
investment in marine aquaculture
1. Investors with investment projects in
aquaculture centralized on sea or around islands shall be supported by the
state budget as follows:
a) To support 100 million Dong for 100 m3
cages for marine aquaculture in sea waters far from shores on 6 nautical miles
or around islands.
b) To support 40 million Dong for 100 m3
cages for marine aquaculture in sea waters near shores.
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a) Projects are located in the planning approved
by competent state agencies or approved for investment by the provincial-level
People’s Committee if there has no planning approved yet.
b) Projects have a rearing scale of at least
five (05) ha or have at least 10 rearing cages with over 100 m3/ a
cage or more.
c) To ensure requirements on environmental
protection as prescribed by law on environmental protection.
d) Investors must use at least 30 per cent of local
laborers.
Article 14. Support for
investment in establishments of drying rice, corn, sweet potato, cassava,
aquatic by-products and processing coffee
1. Investors having investment projects in establishments
of drying rice, corn, sweet potato, cassava, aquatic by-products or processing
coffee under wet method shall be supported by the state budgets as follows:
a) To support two (02) billion Dong / project
for drying rice, corn, sweet potato, cassava; drying aquatic by-products, for
building infrastructures on traffic, power, water, factories and equipment
procurement.
b) To support three (03) billion Dong/ project
on processing coffee under wet method for building infrastructures on traffic,
power, water, factories, waste treatment and equipment procurement.
2. Investment projects enjoyed supports as
prescribed at Clause 1 of this Article must be guaranteed with conditions as
follows:
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b) Projects are located in the planning approved
by competent state agencies or approved for investment by the provincial-level
People’s Committee if there has no planning approved yet.
c) To ensure requirements on environmental
protection as prescribed by law on environmental protection.
d) Investors must use at least 30 per cent of
laborers and 60 per cent of materials of rice, corn, sweet potato, cassava,
aquatic by-products and coffee in localities.
Article 15. Support for
investment in processing timber from planted forests which is particular for
North-western provinces and provinces with poor districts under Resolution
30a/2008/NQ-CP dated December 27, 2008 of the Government
1. Domestic investors with investment projects
in factories processing timber from planted forests, industrial bamboo shall be
supported by the state budget as follows:
a) An investment support of 20 billion Dong /
MDF timber production plant with a scale of 30,000 m3 MDF / year or
more; an investment support of 10 billion Dong / plant for plants of processing
particle board, industrial laminated bamboo with a scale of over 20,000 m3
or more for building infrastructure on traffic, power, water, factories and
waste treatment.
b) To support cost for product transport with
1,500 Dong/ton/km; the distance is counted from the factory to the center of Ha
Noi City, or center of Da Nang City, or center of Ho Chi Minh City following
the nearest motorways; transport volume is counted by practice equipment
capacity of plants; time to count support is 5 years, total supports shall be
divided into three times, the cost supported immediately after finishing the
factory shall be ensured not less than 70 per cent of the total support.
2. Investment projects enjoyed supports as
prescribed at Clause 1 of this Article must be guaranteed with conditions as
follows:
a) Projects are accepted for investment by
provincial-level People’s Committees.
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c) Equipment is manufactured in developed
countries; in case of being manufactured in developing countries, equipment
must be 100% brand new. The factory must not relocate its registered location
for production within 20 years.
d) Area of planted forest and raw materials in
the province must be sufficient for the plant to operate at least 60% capacity
in the first 5 years. The project must use at least 30 per cent of local
laborers.
dd) Total actual capacity of equipment of the
factory to be supported for transport must not exceed 200,000 tons for each
province.
e) For a province that already has had a pulp
factory with the production scale of 50,000 tons / year or more is not eligible
for support.
g) To ensure requirements on environmental
protection as prescribed by law on environmental protection.
Article 16. Support for
investing in establishments of making, preserving and processing agricultural,
forestry and fishery products
1. Investors having investment projects in
factories or establishments of preserving, processing agricultural, forestry
and fishery products; establishments of producing auxiliary products;
fabricating mechanical equipments for preserving, processing agricultural,
forestry and fishery products shall be supported by the state budget as
follows:
a) A support of not more than 60 per cent of
costs and the total support must not exceed 5 billion Dong/ project to build
infrastructure on waste treatment, traffic, power, water, factories and
equipment procurement in the project fence.
b) A support of not more than 70 per cent of
waste treatment costs for factories processing agricultural, forestry and
fishery products with big scale, invested, used many laborers, having big
impact on local economy and society.
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d) In addition to supports prescribed at Points
a and b, Clause 1 of this Article, if the project has no traffic roads, power
system and water supply and drainage to the project fence, then it shall be
supported with an additional 70% of costs and the total support must not exceed
5 billion Dong/ project to build above-mentioned items (possibly forming
separate project).
2. Investment projects enjoyed supports as
prescribed at Clause 1 of this Article must be guaranteed with conditions as
follows:
a) Product value after processing must increase
at least twice in comparison with initial crude material value.
b) To ensure food safety standards according to
the legal provisions on food safety and minimum capacity scale as prescribed by
competent state agencies.
c) Projects are located in the planning approved
by competent state agencies or approved for investment by the provincial-level
People’s Committee if there has no planning approved yet.
d) To ensure requirements on environmental
protection as prescribed by law on environmental protection.
dd) Projects are not under subjects prescribed
in Article 14 and Article 15 of this Decree.
e) Investors having projects on processing,
preserving agricultural, forestry or fishery products must use at least 30 per cent
of laborers and 60 per cent of materials from main agricultural, forestry or
fishery products in localities.
Article 17. Capital sources
and investment support mechanisms
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a) For local receiving the balance from the
Central Budget with more than 70% of the budget, shall be supported a maximum
of 80 per cent of costs for implementation by Central budget.
b) For localities receiving the balance from the
Central Budget with 50 - 70 per cent of the budget, shall be supported a
maximum of 70 per cent costs of implementation by Central budget.
c) For localities receiving the balance from the
Central Budget with less than 50 per cent of the budget, shall be supported a
maximum of 60 per cent of costs for implementation by Central budget.
d) For localities having budget balance for the
central budget, then such localities shall self-balance budget for their
implementation.
dd) Projects which are carried out in border
areas, islands, and high technology projects shall be supported from the
central budget.
e) Ministry of Planning and Investment shall
assume the prime responsibility for, and coordinate with the Ministry of Finance
to balance the annual investment capital source for development, targeted
support for local budgets and report to competent authorities for giving
decisions to implement this policy.
2. Investment support mechanism
a) The Central Budget shall only support for
projects with support level of more than 2 billion dong. Local budgets shall
support remaining projects, including projects with more than 2 billion dong
but not using the central Budget.
b) The State Budget implements supports after
investment; when investment portfolio, tender packages of the project have been
completed, 70% of the supporting capital shall be disbursed according to
portfolio, tender packages; after completion of investment projects and
acceptance, it shall be disbursed 30% of the remaining support.
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d) For foreign directly-invested enterprises and
enterprises in which state owned 100% of charter capital, capital sources and
procedures for investment support shall be provided by the Prime Minister.
dd) Support capital from the State budget shall
be considered as part of counterpart fund of the enterprise, the State
guarantees this part of capital when the enterprise takes investment loans from
commercial banks to implement such project.
Chapter 4.
ORGANIZATION OF
IMPLEMENTATION
Article 18.
Responsibilities of Ministries, central branches
1. Ministry of Planning and Investment:
a) To assume the prime responsibility for, and
coordinate with the Ministry of Finance, Ministry of Agriculture and Rural
Development, in guiding conditions, order and procedures for implementing incentives
and supports under the provisions of this Decree. To provide for transferring
support levels according to the percentage specified in Article 11, 12 and 16
of this Decree into the absolute value for performance.
b) To assume the prime responsibility for, and
coordinate with the Ministry of Finance in summing up, balancing capital
sources from the central budget supporting with targets to local budgets and
submit to competent authority for decision.
c) To assume the prime responsibility for and
coordinate with the Ministry of Finance in verifying support for projects
supported from the central budget.
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dd) To report the Prime Minister to decide on
increasing or decreasing support level, support subjects specified in this
Decree in compliance with each development period.
2. The Ministry of Finance:
a) To assume the prime responsibility for guiding
payment and settlement of supports to enterprises according to this Decree.
b) To monitor, examine the financial support for
enterprises investing in agriculture and rural area.
c) To coordinate with the Ministry of Planning
and Investment, the Ministry of Agriculture and Rural Development in guiding
the implementation of this Decree.
3. The Ministry of Agriculture and Rural
Development:
a) Each five years once, it will announce a list
of specific high-yield breeds which are eligible for support according to
provisions at Point c, Clause 1, Article 11 of this Decree.
b) To coordinate with the Ministry of Planning
and Investment, the Ministry of Finance in guiding the implementation of this
Decree.
Article 19.
Responsibilities of People’s Committees of provinces or centrally-run cities
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2. Based on specific products and available
resources of localities, provincial-level People's Committees submit the
People's Councils of the same level to issue specific policies to encourage
enterprises to invest in agriculture and rural area in the locality.
3. To approve investment projects eligible for
incentives and support from local budgets after having verification of
competent authorities.
4. To approve support from the central budget
for projects using central budget after the competent authorities verify.
5. To annually evaluate the implementation of
Decree in localities and report to the Ministry of Planning and Investment and
concurrently send to the Ministry of Finance, Ministry of Agriculture and Rural
Development for a summary report to the Government.
Article 20. Implementation
effect
1. This Decree comes into effect on February 10,
2014.
2. This Decree replaces Decree No. 61/2010/ND-CP
of June 4th, 2010 on incentive policies for enterprises investing in
agriculture and rural areas.
3. Investors having investment projects which
satisfy preferential conditions specified this Decree in case of having
implemented projects prior to the effective day of this Decree and have not yet
been enjoyed incentives under Decree No. 61/2010/ND-CP of June 4, 2010, the incentives
and supports under the provisions of this Decree shall be applied for the
remaining duration of the project.
4. Investors enjoying incentives and investment
supports specified in the Decree No. 61/2010/ND-CP June 4, 2010 shall continue
to enjoy the granted incentives and support or may propose enjoying incentives
and support as prescribed in this Decree for the remaining duration of the
project.
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ON
BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung
ANNEX
LIST OF DOMAINS WITH SPECIAL INVESTMENT INCENTIVES
IN AGRICULTURE AND RURAL AREAS
(Promulgated together with the government’s Decree No. 210/2013/ND-CP dated December 19,
2013)
1. Afforestation, forest protection and planting
of medicinal plants.
2. Construction and development of the
concentrated material areas for the processing industry, development of big
fields.
3. Concentrated poultry, cattle livestock,
aquaculture and sea product
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5. Applications of biotechnology, high
technology in production of agriculture, forestry and fishery products.
6. Fishing in offshore waters.
7. Production and refinery of salt.
8. Production of materials and processing of
cattle, poultry and aquatic animal feeds, biological products.
9. Processing and storage of agricultural,
forestry, fisheries, pharmaceutical materials.
10. Manufacture of pulp, paper, paperboard,
artificial board directly from the raw materials of agricultural and forestry
products.
11. Manufacture of medicines, materials for
plant protection, veterinary medicine, products for treatment and improvement
of the environment in animal husbandry and aquaculture.
12. Production of handicrafts; products of culture,
ethnic traditions.
13. Building systems of water supply and
drainage.
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
15. Pollution treatment and environmental
protection; collection and treatment of waste water, waste gas and solid waste.
16. Construction of rural markets; construction
of dormitory for workers in rural areas.
17. Manufacture of machinery and equipment,
additives, auxiliary substances for agriculture, forestry, fisheries, salt
production, and food processing machines.
18. Services of plant protection, animal health
in rural areas.
19. Investment, scientific and technical
advisory services involving agriculture, forestry, fisheries and salt industry
in rural areas. /.