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GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 111/2015/ND-CP
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Hanoi,
November 03 2015
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DECREE
ON
DEVELOPMENT OF SUPPORTING INDUSTRY
Pursuant to Law on Organization dated December
25 2001;
Pursuant to Law on Investment dated November 26
2014;
Pursuant to Law on high technology dated
November 13 2008;
Pursuant to Law on Import –Export Duties dated
June 14 2005;
Pursuant to Law on Corporate Income Tax dated
June 03 2008; law on amending and supplementing a number of articles of Law on
Corporate Income tax dated June 19 2013;
Pursuant to Law on Value-Added Tax dated June 03
2008; law on amending and supplementing a number of articles of Law on
Value-Added Tax dated June 19 2013;
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Pursuant to Law No. 71/2014/QH13 dated November
26 2014 amending and supplementing a number of articles of Law on Taxation;
Pursuant to Land Law November 29 2013;
Pursuant to Law on State Budget dated December
16 2002;
Upon the request of Ministry of Trade and
Industry,
Government passes a Decree on development of
supporting industry.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree regulates assistance policies and
incentives to development of supporting industry.
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Individuals, Organizations engage in development of
supporting industry in Vietnam.
Article 3. Interpretation
In this Decree, the following terminologies are
interpreted as below:
1. Supporting industry means the industry that
involves manufacturing materials, accessories, components and spare parts used
for assembling finished goods.
2. Supporting industry projects are such investment
projects in Vietnam for manufacturing supporting products (hereinafter referred
to as supporting products).
The list of prioritized supporting products
(hereinafter referred to as the List) includes those specified in the Annex of
this Decree and will be adjusted according to the socio-economic development
situation in each periods.
4. Supporting industry activities consist of
assistance from regulatory bodies, organizations, individuals in supporting
industry, international cooperation, human resource training, research and
development, assistance in technology transfer, market expansion; investment in
supporting product manufacturing; supporting industrial services.
5. Supporting Industry Development Program is a set
of contents, promotion activities, assistance activities in supporting industry
development in order to promote to manufacture supporting industrial products.
Chapter II
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Article 4. Research and
Development
1. Organizations and individuals participating in
the field of research and development of supporting products on the List shall
be received assistance in the following manner: a) Sponsorship from the
Supporting Industry Development Program, Aid from Funds and other funding
sources for research and development and training; Provision of partial funding
for research and development from the Supporting Industry Development Program,
provided that the results of which may be effectively applied; c) Maximum
provision of up to 50% funding from the State for projects of trial supporting
industrial production.
2. Projects for construction
of development and research of supporting production facilities shall receive
land given or lease out by the State as stipulated in regulations of law on
land; fund for up to 50% of the investment in the research equipment and
facilities from the Supporting Industry Development Program.
Article 5. Application and
Transfer
1. Organizations and individuals transferring the
technology related to manufacturing supporting products on the List shall
benefit from technology transfer and other benefits as per the current
regulations.
2. Application and transfer of technology in
supporting industrial production on the List shall be received assistance from
the supporting industry development program as follows:
a) Projects on cooperation between producers and
technology Owners shall receive partial funding;
The fabrication of trial supporting products on the
List shall be received up to 50% funding.
3. Technology transfer related to material
production projects using over 85% of materials from mineral processing
including metal ore, non-metal ore and petrochemical products used for
manufacturing supporting industrial products shall receive up to 75% funding
from the State.
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1. Human training for supporting industry:
a) Supporting products manufacturing projects under
the List shall be funded for human training from the Supporting Industry
Development Program.
b) Individuals who directly perform duties of the
Supporting Industry Development Program shall be provided with advanced
training in both Vietnam and abroad under the State training programs.
2. Training Institutions for supporting industry:
a) Organizations, investors and joint venture
corporations are encouraged by the State to establish training Institutions
directly serving in production of supporting products.
b) Training institutions serving in manufacturing
supporting products shall be received aid/assistance assisted from Science and
Technology Fund, Training Fund and others;
c) Universities, Research Institutes, existing
training institutions are encouraged to provide about force in the supporting
industry with advanced training.
Article 7. International
Cooperation in supporting industry
1. Promote international cooperation in the
supporting industry, especially among nations, territories, entities,
multinational groups, foreign groups with advanced science and technology to
attract investors and to create bond among organizations and individuals
operating in the supporting industry both in Vietnam and overseas.
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3. Boost international cooperation in human
development serving in supporting industry, give priority to train students
majored in supporting industry related fields at universities, colleges and
vocational schools in local region and all over the world; attract and employ
high-qualified workers and talent young generations in the field of researching
and teaching supporting industry in Vietnam.
Article 8. Assistance in market
expansion
Supporting products under the List shall:
1. Be given priority to participate in national
trade promotion program.
2. Receive partial funding for trademark
registration, participation in domestic and oversea fairs/ exhibitions, market
access and service charges from the Supporting Industry Development Program.
Article 9. Supporting Industry Development Center
1. Supporting industry development center is
founded on the basis of rearrangement of the existing units of ministry of
trade and industry in order to carry out the following duties:
a) Carry out technology transfer and application,
support manufacturing of trial supporting products under the List;
b) Assist enterprises in setting up a production management
system to suit the international standards;
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d) Carry out trade promotion; organize
fairs/exhibitions;
đ) Promote both domestic and foreign investment to
boost the development of supporting industry.
2. An supporting industry development center shall
only be established when all of the following conditions are satisfied:
a) Infrastructures, equipment for testing and
manufacturing trial supporting products and the professional management team to
meet the requirements of supporting industry development.
b) There are consultants in the fields of
technology, intellectual property and business management related to supporting
industry;
c) There are possibilities of associating with
domestic and foreign manufacturers, research and training centers to serve in
supporting industry.
Article 10. Supporting
Industry Development Program
1. Objective:
Support individuals, organizations in improving
their competence in development of supporting industry.
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a) Assist in improving enterprise competence:
business administration, production management, connect supporting industrial
product manufacturers with customers, supply products to multinational groups
and other domestic and foreign supporting industrial manufacturers; promote
consuming market;
b) Support in training labor force to meet the
needs of supporting industrial production;
c) Assist in research and development, technology
application and transfer and renovation in trail manufacturing of components,
accessories and materials;
Disseminate knowledge and information on policies,
market and Vietnam’s supporting industry capability through various forms such
as workshops, news, publications and advertisements posted on other mass media;
Promote international cooperation and attract
foreign investment in the supporting industry;
Assist in setting up technical standards and
specifications of supporting products on the List to comply with the international
and regional standards;
Create and update the database of domestic and
foreign supporting industries on a dedicated supporting industry web portal.
3. Funding:
a) Funding for the execution of the Supporting
Industry Development Program:
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- Funding from entities for carrying out the
development of supporting industry;
- Sponsorships and contributions from domestic and
foreign individuals and organizations;
- Other lawful sources of capital regulated in
Vietnam Law.
b) Planning and Estimation:
- The Ministry of Trade and Industry makes and
aggregates estimates of funding for supporting industry into its combined
annual budget and submits to Ministry of Finance, Ministry of Planning and
Investment and other relevant agencies;
- People’s Committees of provinces and central –
affiliated cities (hereinafter refer to as provinces) shall make and aggregate
the estimation of funding for supporting industry into the local annual budget estimate
and submit it to competent authorities to approve.
4. The Prime Minister shall promulgate specific
regulations on the development, management and execution of the Supporting
Industry Development Program.
Chapter III
INCENTIVE POLICIES ON THE SUPPORTING INDUSTRY
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1. Subjects
Projects for manufacturing supporting products
under the List includes new investment projects, technology development and
renovation projects, new production processes and new production projects with
the increase in productivity by at least 20%.
2. Procedure for certification of incentives:
a) The small and medium-sized enterprises shall
submit the application for certification of incentives for their projects for
manufacturing supporting products to local competent authorities where these
projects are located or to the Ministry of Trade and Industry. The local
competent authorities send the Decision of certification of incentives to the
Ministry of Trade and Industry;
b) Entities that are not mentioned above shall
submit their application for certification of incentives to the Ministry of
Trade and Industry.
3. Time limit of certification of incentives
In consideration of the application for incentive
certification, the certifying agency shall inform the applicant of the result
of the incentive certification within 30 working days;
b) If the application fails to meet the conditions
of certification, the certifying agency shall inform the applicant to submit
the complete application in writing within 05 working days from the date of
receiving the application; the certifying agency shall inform the result of the
incentive certification within 30 working days from the date of receipt of the
complete dossier.
4. Post-verification:
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5. The Ministry of Trade and Industry shall specify
the application for incentives and procedure for post verification.
Article 12. Incentive policies
for supporting industrial production projects under the List
1. Common Incentive policies:
a) Corporate income tax:
a) Tax incentives under Law No. 71/2014/QH13
amending and supplementing a number of articles of Law on Taxation dated June
26 2013.
b) Import Duties:
Imported commodities that are imported to create
fixed assets shall be exempted from import duties as stipulated in Law on
Import – Export Duties and its instructional documents.
c) Credit:
- Supporting industrial production projects under
the List shall be granted loans at investment credit rate from the source of
investment credit of the State.
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d) Value-added tax:
Value-Added Tax of revenue from supporting products
on the List may be declared monthly, quarterly or yearly. The Ministry of
Finance shall provide detailed guidelines on this point.
đ) Environmental protection:
Supporting industrial production projects under the
List shall take loans at the concessional rate from Vietnam Environmental
Protection Fund for pollution treatment and environmental protection items of
the projects.
2. Incentives for small and medium-sized
enterprises:
Besides these common incentives stipulated in
Clause 1 of this Article, small and medium-sized enterprises manufacturing
supporting products under the List are also entitle to the following
incentives:
a) Investment credit:
These small and medium-sized enterprises may take
loans of up to 70% its investment on the basis of guarantee provided by the
organization permitted to guarantee for SMEs if it meet all of the following
conditions:
The total value of mortgage or pledge to the credit
organization, excluding mortgage or pledges for other kinds of loans, is at
least 15% of the loan; Owner’s equity capitalized in the project is at least
20%, after deducting equity invested in other projects;
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b) Water surface/land rents:
- Exempted or reduced land/water space rent as
stipulated in Land Law;
-With regard to special or large-scale
projectswhich may have significant socio-economic effectiveness and need
greater incentives, the Ministry of Finance shall cooperate with the Ministry
of Planning and Investment to make a decision on the basis of the proposal of
the People's Committee of the province where the projects are located in
accordance with regulations of law on land.
3. Besides the common incentives prescribed in
Clause 1 of this article, projects in manufacturing supporting products on the
List located in disadvantageous or extremely disadvantageous areas shall benefit
from region-based investment incentives.
Article 13. Incentive policy
management
1. Where the information provided by entity under
incentives specified in this Decree is found untrue and take the advantage of
incentives with wrong purposes, the incentives shall be withdrawn.
2. In the case that an entity is entitle to various
level of the same incentives, the highest level shall be applied.
3. Ministries, Departments and People’s Committees
of provinces shall be responsible for directing incentive examination,
inspection and revocation.
Chapter IV
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Articles 14. Responsibilities
of Ministries and Departments
1. The Department of Trade and Industry shall take
charge of the management on supporting industry development according to the
following tasks:
a) Formulate and submit plan estimation to
competent authorities passing legal normative documents on supporting industry
development.
b) Take charge of developing plan and prepare plan
estimation for the Supporting Industry Development Program and aggregate
estimated budget into the 5-year socio-economic development plan and annual
socio-economic development plan of the Ministry of Trade and Industry.
c) Review, update the List in accordance with the
reality in each period and submit it to Government for approval;
d) Develop and submit to the Prime Minister for
approval; set up, manage and execute the Supporting Industry Development
Program;
đ) Approve the existing units rearrangement scheme
of the Ministry of Trade and Industry to found Supporting Industry Development
Centers;
Take charge of and cooperate with the Ministry of
Science and Technology to establish and pass the national technical standards,
set up and announce the basic standards on material, raw material, components
and parts; develop the national standards on raw material, material, components
and parts in accordance with international standards and propose the Ministry
of Science and Technology for issuance;
g) Take charge of and cooperate with Ministries,
Departments and local authorities to direct and handle with concerns related to
the development of supporting industry;
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i) Direct to conduct the incentive certification
and post-verification procedure;
k) Take charge of and cooperate with the Ministry
of Finance to develop Joint Circular providing guidance on budget estimation,
management and expense for the Program of Supporting Industry Development;
l) Take charge of and cooperate with Ministries,
Departments and People’s Committees of province in examination, inspection and
withdrawal of incentives.
2. Responsibilities of the Ministry of Finance:
a) Take charge of drawing up the budget for the
Supporting Industry Development Program as per Law on State Budget, direct to
draw up estimation and manage spending of The Supporting Industry Development
Program.
b) Issue detailed guidelines on tax incentives for
the development of supporting products within its jurisdiction;
c) Instruct or issue the policy to entities
eligible for loan from State investment credit, within its jurisdiction, to
ensure a simple and transparent procedure and facilitate the execution of loan
procedure of Vietnam Development Bank.
d) Corporate with the Ministry of Trade and
Industry in funding estimation and management of the Program of Supporting
Industry Development;
đ) Take charge of in instructing the value-added
tax declaration promulgated in Point d, Clause 1, Article 12 of this Decree.
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a) Cooperate with the Ministry of Finance and
Ministry Of Trade and Industry to release detailed guidelines on the
implementation of credit policies prescribed in Article 12 of this Decree to
ensure a simple procedure and loan security;
b) Cooperate with the Ministries, Departments and
local authorities to instruct and supervise the implementation of these credit
policies, handle with arising problems and propose solutions during the period
of implementation.
4. Responsibilities of the Ministry of Planning and
Investment:
a) Take charge of arranging funding for the Supporting
Industry Development Program as per Law on State Budget, mobilize ODA and
establish the Supporting Industry Development Center under Vietnam Law;
b) Take charge of and cooperate with Ministries,
Departments to draw up incentive policies in foreign investment in order to
promote in-house supporting products consumption.
5. Responsibilities of the Ministry of Environment
and Natural Resources:
a) Cooperate with the Ministry of Finance and
relevant Ministries and Departments to review and propose to supplement
incentive policies on land and environment for supporting industrial production
projects under the List;
b) Promulgate regulations on provision of execution
and refund mechanism of supporting industrial production projects under the
List invested in industrial zones that lease land having infrastructure from
the Owner of this industrial zones who leased land from the State and have
already paid the land rent.
6. Responsibilities of the Ministry of Labor – War
Invalids and Social Affairs:
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b) Cooperate with the Ministry of Trade and
Industry to provide employees with advanced training who directly work in the
supporting industry.
7. Ministries, ministerial-level agencies and
Governmental authorities within its jurisdiction shall coordinate with the
Ministry of Trade and Industry for management of the supporting industry
development as regulated.
Articles 15. Responsibilities
of People’s Committees of provinces
The People’s Committees of provinces performing the
management of the supporting industry development shall be responsible for:
1. Formulate, amend and issue legal normative
documents and policies on development and assistance to the supporting industry
in accordance with Vietnam law and local conditions.
2. Develop, adopt and implement the Supporting
Industry Development Program in located locals.
3. Secure the local budget to organize the
Supporting Industry Development Program.
4. Assign a local competent authority to implement
the incentive certification, prepare annual aggregate report on
incentive-certified projects and submit to the Ministry of Trade and Industry.
5. Promote, mobilize and attract capital invested
in the Supporting Industry Development Program in local.
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Chapter V
PROVISIONS OF IMPLEMENTATION
Article 16. Transitional
treatment
The existing projects for manufacturing supporting
products under the List shall be received the existing new incentives
prescribed in this Decree.
Article 17. Entry into force
This Decree comes into effect from January 01 2016
and nullifies the Decision no. 12/2011/QD-TTg dated February 02 2011 on policy
on development of supporting industry and Decision No. 1483/QD-TTg on the
issuance of List dated August 26 2011 of the Prime Minister and related
documents.
Article 18. Responsibility for
Implementation
1. The Ministry of Trade and Industry shall be
responsible for cooperating with other Ministries, Departments, the People’s
Committees of provinces to deploy this Decree and report to the Prime Minister
on the implementation status and arising issues needing solving.
2. Ministers, Heads of ministerial – level
agencies, Heads of governmental agencies, President of People’s Committees of
provinces shall be responsible for implementing this Decree./.
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ANNEX
(Attached with
Decree No. 111/2015/ND-CP dated November 03 2015 by Government)
I. TEXTILE &
GARMENT INDUSTRY
- Natural fiber: cotton, silk, jute, hemp fiber;
- Synthetic fiber: PE, Viscose;
- Knitting yarn, woven yarn, polyester high
tenacity yarn, nylon high tenacity yarn, spandex yarn;
- Fabric: technical fabric, non-woven and woven
fabric, knitted fabric;
- Sewing threads for textile and garment
- Chemicals, auxiliary chemicals, fabric dyes
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II. FOOTWEAR – LEATHER INDUSTRY
- Leather
- Leatherette;
- Shoe soles, shoelace, toe shoe
- Chemicals used in leather tanning;
- Salty leather
- Sewing thread for shoe
- Shoe goo, decorative accessories ...
III. ELECTRONICS INDUSTRY
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- Quartz components;
- IC
- Material used for manufacturing electronic
components, Semi-conductors, hard magnetic materials, active insulators;
- Electronic products components; plastic
components, rubber components, glass components and mechanical-electronic
components;
- Laptop battery and cell phone battery
- Wires, cables, LED light bulbs, headphones and
speakers
- Cell phone battery chargers
- Screens
IV. AUTOMOBILE INDUSTRY:
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- Lubrication system: oil filters, coolers,
radiators, oil pumps and valves;
- Cooling system: radiators, thermostat valves,
water pumps, air cooling fans;
- Fuel supply system: fuel tanks, fuel filter;
- Frame – hull – door: punch –late-shaped
components, trunk, chassis, doors, doorstep;
- Suspension system: Tweezers, springs, dampers
- Wheels: Tires, aluminum rims;
- Transmission system: clutch, gearbox, axles,
propeller shaft;
- Driving system
- Braking system;
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- Power supply: Generators, accumulators;
- Ignition system: spark plug, high voltage
transformer;
+ Starter relay, electric starter;
+ Wires, connectors, fuses, sensors, automatic
control devices, processors;
- Lighting system and signals: indicators, horns,
gauges;
- Automobile exhaust treatment system;
- Plastic components;
- Rubber components, buffering material;
- Windshields, wiper blades, seats
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- Molds, fixtures: processing fixtures, testing
fixtures, stamping molds, casting molds;
- Tools – cutters: drill, turning cutters, milling
cutters;
- Mechanical processing components and accessories,
welders;
- Components and accessories of shipping building,
agricultural machines and driving machines;
- Components, equipment and accessories for
processing agriculture, forestry, aquaculture and salt
- Measurement devices: rulers, 3D - coordinate
measuring machines, metal analyzers, ultrasonic welding machines
- Other machine components: high-strength bolts,
high tensile fasteners, bearings , silver lining, valves, joints, punch plates,
variable speed boxes, hydraulic cylinders;
- Fabricated steel.
VI. SUPPORTING PRODUCTS USED IN HI-TECH INDUSTRY
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- High standard mechanical parts: types of nuts,
bolts, screws and high - precision equipment used in electronics, mechanical
electronic parts, medical electronics, industrial robots
- Types of electronic components , electronic
circuits used for creating equipment : Peripheral equipment , computers ,
electronic appliances, audiovisual equipment , solar cells ; microprocessors ;
controllers (programmable logic controllers PLC , CNC , ... ) ;
- Components and accessories used for new power
generator and renewable generator
- High quality plastic components: high precision
drive train, durable, heat-resistant and wear-resistant plastic components;
- Types of sensors: air sensor, acceleration
sensors, magnetic sensors, biological sensors, temperature sensors, moisture
sensors, light sensors , pressure sensors .
- New generation engines: electric motors, ,
magnetic motors, servo motors, reluctance motors, linear motors
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