THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
61/2010/ND-CP
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Hanoi,
June 04, 2010
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DECREE
ON
INCENTIVE POLICIES FOR ENTERPRISES INVESTING IN AGRICULTURE AND RURAL AREAS
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Investment Law;
Pursuant to the November 26, 2003 Land Law;
At the proposal of the Minister of Planning and Investment,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of
regulation
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Article 2. Subjects of
application
Investors entitled to incentives
and supports provided in this Decree are enterprises established and
registering operation under Vietnamese law and meeting conditions specified in
Article 4 of this Decree.
Article 3. Interpretation of
terms
1. Rural area means an
administratively delimited area not embracing wards and urban districts of a
town or city.
2. Agricultural sub-sectors
eligible for special investment incentives include sub-sectors and trades
specified in an appendix to this Decree and others decided by the Prime
Minister in each period.
3. Agricultural project eligible
for special investment incentives means a project in an agricultural sub-sector
eligible for special investment incentives implemented in a geographical area
on the list of geographical areas with extremely difficult socio-economic
conditions prescribed by the investment law.
4. Agricultural project eligible
for investment incentives means a project in an agricultural sub-sector
eligible for special investment incentives implemented in a geographical area
on the list of geographical areas with difficult socioeconomic conditions
prescribed by the investment law.
5. Agricultural project eligible
for investment promotion means an investment project in an agricultural
sub-sector eligible for special investment incentives implemented in a rural
area.
Article 4. Conditions for
enjoying incentives and investment supports
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2. Investors with investment
projects meeting the conditions specified in Article 3 of this Decree who began
implementing these projects before the effective date of this Decree are
entitled to incentives and supports (if any) for the remaining duration. The
State shall not refund sums of money these investors have previously paid for
the implementation of their projects.
Chapter II
LAND INCENTIVES
Article 5. Land use levy
exemption and reduction
1. An investor with an
agricultural project eligible for special investment incentives using land
allocated by the State is entitled to exemption from land use levy for this
project.
2. An investor with an
agricultural project eligible for investment incentives is entitled to a 70%
reduction of land use levy payable into the state budget for this investment
project.
3. An investor with an
agricultural project eligible for investment promotion using land allocated by
the State is entitled to a 50% reduction of land use levy payable into the
state budget for this investment project.
Article 6. Land and water
surface rent exemption and reduction
1. An investor with an
agricultural project eligible for investment incentives or investment promotion
leasing land and water surface of the State is entitled to the lowest rent rate
within the land rent bracket prescribed by the provincial-level People's
Committee.
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3. An investor with an
agricultural project eligible for investment incentives is entitled to
exemption from land and water surface rents for the first 15 years from the
date of completion and commissioning of this project.
4. An investor with an
agricultural project eligible for investment promotion is entitled to exemption
from land and water surface rents for the first 11 years from the date of
completion and commissioning of this project.
5. An investor with an
agricultural project eligible for special investment incentives, investment
incentives or investment promotion is entitled to exemption from land rents for
land areas for the construction of workers' condominiums, the growth of trees
and public welfare purposes.
Article 7. Land and water
surface rent supports for households and individuals
1. An investor with an agricultural
project eligible for special investment incentives renting land and water
surface of households or individuals for this project is entitled to state
supports equal to 20% of land and water surface rents according to the local
land and water surface rent bracket for the first 5 years from the time of
completion of capital construction.
2. Enterprises with agricultural
projects eligible for special investment incentives, investment incentives or
investment promotion are encouraged to accumulate land to form material zones
through the form of contribution as capital of land use rights by households
and individuals to projects without land recovery.
Article 8. Land use levy
exemption and reduction upon change of land use purposes
1. An investor with an agricultural
project eligible for special investment incentives included in a master plan
approved by a competent state agency is entitled to exemption from payable land
use levy when changing the land use purpose.
2. An investor with an
agricultural project eligible for investment incentives included in a master
plan approved by a competent state agency is entitled to a 50% reduction of
payable land use levy when changing the land use purpose.
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INVESTMENT SUPPORTS
Article 9. Human resource
training supports
1. A mini enterprise with an
agricultural project eligible for special investment incentives, investment
incentives or investment promotion is entitled to state budget supports equal
to 100% of domestic vocational training expenses not exceeding levels under
current regulations.
2. A small-sized enterprise with
an agricultural project eligible for special investment incentives, investment
incentives or investment promotion is entitled to state budget supports equal
to 70% of domestic vocational training expenses not exceeding levels under
current regulations.
3. A medium-sized enterprise
with an agricultural project eligible for special investment incentives,
investment incentives or investment promotion is entitled to state budget
supports equal to 50% of domestic vocational training expenses not exceeding
levels under current regulations.
4. Each laborer shall be trained
only once a year and the duration of training eligible for supports must not
exceed 6 months.
State budget supports shall be
allocated in cash either to provincial vocational training institutions for
providing training for enterprises mentioned in this Article that have training
needs or to enterprises that directly provide on-site training.
Article 10. Market
development supports
1. Mini enterprises and
small-sized enterprises with agricultural projects eligible for special
investment incentives, investment incentives or investment promotion are
entitled to state budget supports equal to 70% of expenses for business and
product advertisement in the mass media of provinces and cities in which they
make investment.
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3. Mini enterprises and
small-sized enterprises with agricultural projects eligible for special investment
incentives, investment incentives or investment promotion are entitled to state
budget supports equal to 70% of expenses for domestic exhibitions and fairs and
exempt from charges for accessing market and price information provided by
trade promotion state agencies.
4. Medium-sized enterprises with
agricultural projects eligible for special investment incentives, investment
incentives or investment promotion are entitled to state budget supports equal
to 50% of expenses for domestic exhibitions and fairs and a 50% reduction of
payable charges for accessing market and price information provided by trade
promotion state agencies.
Article 11. Consultancy
service supports
1. Mini enterprises and
small-sized enterprises with agricultural projects eligible for special
investment incentives, investment incentives or investment promotion are
entitled to state budget supports equal to 50% of actual expenses for hiring
consultants on investment, administration, market research, law, intellectual
property, scientific research, technology transfer and application of advanced
quality management systems to production not exceeding levels under current
regulations.
2. Medium-sized enterprises with
agricultural projects eligible for special investment incentives, investment
incentives or investment promotion are entitled to state budget supports equal
to 30% of actual expenses for hiring consultants on investment, administration,
market research, law, intellectual property, scientific research, technology
transfer and application of advanced quality management systems to production
not exceeding levels under current regulations.
Article 12. Science and
technology application supports
Enterprises with agricultural
projects eligible for special investment incentives, investment incentives or
investment promotion are entitled to supports from the Scientific and
Technological Development Support Fund equal to 50% of expenses for carrying
out researches initiated by the enterprises themselves to create new
technologies for executing those projects; and equal to 30% of total new
investments for carrying out trial production projects approved by competent
authorities (existing equipment and workshops must be excluded from total
investment level).
Article 13. Freight supports
1. Investors with agricultural
projects eligible for special investment incentives are entitled to state
budget supports equal to part of freights for the transportation of output
products of these projects for domestic sale from place of production to place
of sale, provided the distance between these places is 100 km or longer.
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Chapter IV
IMPLEMENTATION PROVISIONS
Article 14. Effect
This Decree takes effect on July
25, 2010.
Article 15. Implementation
guidance responsibilities
The Ministers of: Planning and
Investment; Finance; Science and Technology; Industry and Trade; Agriculture
and Rural Development; Labor, War Invalids and Social Affairs; and Natural
Resources and Environment, and the State Bank of Vietnam shall, within the
ambit of their respective functions and tasks, guide the implementation of this
Decree.
Article 16. Implementation
responsibilities
Ministers, heads of
ministerial-level agencies. heads of government-attached agencies and
chairpersons of provincial-level People's Committees shall implement this
Decree.-
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ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
ANNEX
LIST
OF AGRICULTURAL SUB-SECTORS ELIGIBLE FOR SPECIAL INVESTMENT INCENTIVES
(To the Government's Decree No. 61/2010/ND-CP of June 4, 2010)
1. Growing and tending of herbal
forests and trees.
2. Culture of agricultural,
forest and fishery products on uncultivated land, unused water areas, the sea
and islands.
3. Offshore fishing.
4. Production and development of
plant varieties and livestock breeds, forest tree varieties and aquatic and
marine animal breeds.
5. Salt making, exploitation and
refining.
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7. Production of plant
protection drugs, pesticides, drugs for preventing and curing diseases
veterinary drugs and their materials.
8. Construction of grade-1
markets and product exhibition and introduction centers in rural areas.
9. Application of
biotechnologies.
10. Production and processing of
cattle, poultry and aquatic animal feeds.
11. Construction, renovation and
upgrading of concentrated and industrial-scale poultry and cattle slaughtering,
preservation and processing establishments.
12. Processing of agricultural,
forest and aquatic products; post-harvest preservation of agricultural, forest
and aquatic products.
13. Medium- and small- sized
hydropower plants (of group B or smaller); new energy; solar power, wind power,
biogas, geothermal and tidal power projects; and renewable energy projects,
regardless of their size.
14. Pollution treatment and
environmental protection.
15. Collection and treatment of
wastewater, exhaust gas and solid wastes; recycling and reuse of wastes.
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17. Manufacture of machines for
agricultural production, silviculture, fishery and salt making, food processing
machines and irrigation equipment.
18. Building of eco-tourist
zones, national tourist zones; cultural parks with sports, entertainment and
leisure activities.
19. Hi-tech development and
nursery.
20. Building and development of
consolidated material zones to serve processing industries.
21. Concentrated poultry and
cattle raising and production.
22. Construction of trade
infrastructure facilities: supermarkets, trade centers, warehouses and
logistics centers.
23. Technical services of
growing industrial and forest trees; crop and livestock protection services.
24. Services of scientific and
technical counseling on sowing and cultivation, husbandry, aquaculture, animal
health and plant protection.
25. Anti-epidemic sanitation
services in rural areas.
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27. Production of paper,
cardboard and artificial boards from domestic agricultural and forest
materials; production of pulp.
28. Cloth weaving and finishing
of textile products; production of fibers and yams of all kinds; tanning and
preliminary processing of leather, and production of equipment and machines for
textile, garment and leather industries.-