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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom Happiness
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No: 15/CP
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Hanoi, February
21, 1997
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DECREE
ON
POLICIES TO PROMOTE THE DEVELOPMENT OF COOPERATIVES
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government of September 30, 1992;
Pursuant to the Law on Cooperatives of March 20, 1996;
At the proposal of the Minister of Planning and Investment,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
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Article 2.-
In addition to policies provided
for in this Decree, the cooperatives are also entitled to other preferential
policies (if any) in accordance with the provisions of law.
Chapter II
POLICIES ON ENCOURAGING THE
DEVELOPMENT OF COOPERATIVES
Article 3.-
The cooperatives which have been
assigned or leased land by the State in accordance with the provisions of the
land legislation shall be assured of the rights and subject to the obligations
of the organizations to which the State assigns or leases land as prescribed by
law and shall be granted certificates of land use right.
Article 4.-
1. The cooperatives engaged in
agricultural and forestry production, aquaculture and salt production, which
are assigned land by the State shall not have to pay the land use levy.
2. The cooperatives in rural
mountainous regions and islands which supply direct services to agricultural and
forestry production, aquaculture and salt production, shall be exempt from land
rent for the first 5 years.
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The cooperatives which have been
granted business registration certificates according to the Law on Cooperatives
and which are land lessees are entitled to a 50% reduction of land rent for the
first two years. Where the land use levy had been paid earlier to the State,
such levy shall be handled in accordance with the provisions of the land
legislation.
Article 6.-
The cooperatives which have been
granted business registration certificates according to the Law on Cooperatives
are entitled to the exemption and/or reduction of turnover and/or profit taxes
in accordance with the provisions of the laws on turnover tax and profit tax as
is the case with the newly established establishments.
Article 7.-
The cooperatives engaged in
offshore fishing or located in highland regions and islands or other difficult
areas as defined by the Government, shall be exempt from turnover and profit
taxes for two years from the date when they are granted business registration
certificates in accordance with the Law on Cooperatives.
Service activities of
cooperatives in rural areas which directly serve cooperative member households
engaged in agricultural, forestry, fishery and salt production; irrigation
services; the supply of electricity to peasant households; and cooperatives
engaged in manual loading and unloading shall be exempt from turnover and
profit taxes for two years from the date when they are granted business
registration certificates in accordance with the Law on Cooperatives.
Article 8
Dependent cost-profit accounting
business establishments attached to a cooperative or belonging to a family
household and/or an individual, which are members of a cooperative and assigned
tasks by that cooperative, shall not have to directly pay business-license tax
which shall be paid by the cooperative.
Production means of cooperative
members, which are contributed as capital to a cooperative and as shares of
cooperative members, if assigned to other members of the same cooperative shall
be exempt from registration fee.
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In addition to business loans
(including medium- and long-term loans) from commercial banks under conditions
and at interest rates prescribed by the banks, the cooperatives shall also be
entitled to borrow capital from socio-economic programs, the National Fund for
Employment, National Investment Assistance Fund and other investment
development funds of the State in accordance with the provisions of the
Government. They are also entitled to receive and carry out investment projects
through various sources of capital and aid from foreign countries and
international organizations, if they meet conditions set by the State.
Article 10.-
Cadres involved in the
management, administration and control of cooperatives are entitled to a 50%
reduction of school tuition if they are sent to study at institutions belonging
to the State training system and the training system of the Union of Vietnamese
Cooperatives.
Article 11.-
The Ministry of Planning and
Investment shall assume the main responsibility and coordinate with the
Ministry of Finance in elaborating plans to provide fund for the training and
fostering of managerial cadres of cooperatives; fund for the research and
elaboration of programs on professional training and fostering suited to
learners which are cadres and members of cooperatives within the training
system of the State and the training system of the Union of Vietnamese
Cooperatives.
Article 12.-
The State managerial agencies
and the State�s sale promotion organizations shall have to provide guidance,
create conditions for managerial cadres of cooperatives to have access to,
research and survey domestic and foreign markets; introduce and display
products at exhibitions and fairs inside and outside the country.
Article 13.-
A cooperative specializing in
the production of goods for export, which have overseas outlets is entitled to
directly export their products and import materials, equipment and machinery
needed for the production in accordance with the regulations of the State.
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The cooperatives and Unions of
Cooperatives specializing in import-export business shall have to meet
conditions prescribed by law and obtain a minimum working capital equivalent to
100,000 USD, as stipulated in Decree No.33-CP of April 19, 1994 of the
Government. The Ministry of Trade shall grant import-export permits to the
cooperatives and Unions of Cooperatives in accordance with the regulations of
the State.
Article 14.-
The cooperatives are entitled to
enter into joint venture, business cooperation and economic relations with
State enterprises in the forms of subcontracts, supply contracts, processing
contracts and contracts on the consumption of semi-products of cooperatives,
contracts on helping the cooperatives create markets, train skills and renew
and transfer technology.
Article 15.-
The Ministry of Labor, War
Invalid and Social Affairs shall assume the main responsibility and coordinate
with the related ministries and branches in guiding the payment of social
insurance premiums for cooperative members, according to the characteristics of
each type of cooperative and current legislation.
Chapter III
IMPLEMENTATION PROVISIONS
Article 16.-
This Decree takes effect 15 days
after the date of its signing. The earlier stipulations which are contrary to
this Decree are now annulled.
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The Ministers, the Heads of the
ministerial-level agencies, the Heads of the agencies attached to the
Government, the Presidents of the People�s Committees of the provinces and
cities directly under the Central Government and the President of the
Federation of Vietnamese Cooperatives shall have to implement this Decree.
ON
BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai