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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.74/2017/ND-CP
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Hanoi, June 20th,
2017
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DECREE
PROVISIONS
FOR SPECIFIC POLICIES ON HOA LAC HI-TECH PARK
Pursuant to the Law on organization of the
government dated June 19th, 2015;
Pursuant to the Law on High Technologies dated
November 13rd, 2008;
Pursuant to the Law on Science and Technology
dated June 18th, 2013;
Pursuant to the Land Law dated November 29th,
2013;
Pursuant to the Law on Public Investment dated
June 18th, 2014;
Pursuant to the Law on Construction dated June
18th, 2014;
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Pursuant to the Law on State Budget dated June
25th, 2015;
Pursuant to the Law on Charges and Fees dated
November 25th, 2015;
Pursuant to the Law on Tax Administration dated
November 29th, 2006 and the law amendments to some articles of the
Law on Tax Administration dated November 20th, 2012;
Pursuant to the Law on Enterprise Income Tax
dated June 3rd, 2008 and the law on amendments to some articles of
the Law on Enterprise Income Tax dated June 19th, 2013;
Pursuant to the law on amendments to some
articles of the Laws on Tax dated November 26th, 2014;
At the request of the Minister of Science and
Technology;
The government issues the Decree on specific
policies for Hoa Lac hi-tech park
Chapter I
GENERAL PROVISIONS
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This Decree provides for some specific policies on
Hoa Lac hi-tech park (hereinafter referred to as hi-tech park). Other policies
not specified in this Decree shall comply with regulations of the applicable
law
Article 2. Regulated entities
1. Domestic and foreign
individuals and organizations that have invested in and worked at the hi-tech park.
2. Management board of the
hi-tech park (hereinafter referred to as management board)
3. Regulatory agencies and
relevant authorities
Chapter II
THE HI-TECH PARK
CONSTRUCTION, DEVELOPMENT AND INVESTMENT
Article 3. Construction,
development and investment in infrastructure of the hi-tech park
1. Technical infrastructure
(except for the technical infrastructure invested by enterprises), public green
areas specified in general planning of the hi-tech park, internal
infrastructure of the research and deployment area and the education and
training area shall be invested by the management board with state budget and
other legal sources of funds.
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3. The Ministry of Science and
Technology shall decide the investment and capital mobilization plans for
construction of the internal infrastructure of external areas board specified
in the Clause 1 of this Article at the request of the management board.
Problems about the investment in technical infrastructure of housing areas and
public cultural buildings shall be reported to the Prime Minister for
consideration.
4. Public cultural buildings
and public green areas are encouraged to be invested in the form of Public - Private
Partner (PPP) and in other forms of private sector involvement.
5. The Ministry of Science and
Technology shall decide the policies of investment, authorize the management
board to make investment and demonstrate the authority of investment decision
makers in the hi-tech park’s technical infrastructure construction projects
funded by state budget in groups B and C.
6. Infrastructure investors
specified in this Article and relevant units are obligated to cooperate in
investing and completing the entire technical infrastructure system of the
hi-tech park synchronically no later than 2020.
Article 4. Land clearance and
resettlement
Hanoi people’s committee shall establish the
policies of compensation, aid and resettlement to assist land clearance of the
hi-tech park, relevant to the practical status of land management of the local
area and ensure the general policy stability of the project and the progress of
land clearance of the hi-tech park.
2. Investment in the projects
on compensation, aid, resettlement to assist land clearance shall be made in
accordance with the following regulations:
a) The chairman of Hanoi people’s committee shall
decide the policies of investment and invest in the projects on compensation,
aid and resettlement. Sources of funds for project investment shall be
specified in the Clause 2 and 3 Article 16 of this Decree.
b) Hanoi people’s committee shall approve any
modification to design and estimate of projects on compensation, aid and
resettlement (if any) in which the investment is decided by itself before the
effective date of the Law on Public Investment 0}
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Hanoi people’s committee shall take responsibility
to construct and complete resettlement areas to assist with land clearance in
Bac Phu Cat industrial zone (merged into the hi-tech park in accordance with
the Decision No.1748/QD-TTg dated November 2nd, 2009 of
the Prime Minister), funded by the city budget.
4. Land levies collected when
allocating land to households in the resettlement areas and in service lands
funded by state budget shall be paid to the Hanoi city budget. Annually, Hanoi
people’s committee shall take responsibility to appropriate a sum proportional
to the collected land levies for assisting the hi-tech park in its land
clearance.
5. The final statement of
compensation, aid and resettlement projects to assist the hi-tech park in its
land clearance shall be made in accordance with applicable regulations and law.
Article 5. Investment in
science and technology
1. Projects on investment in
new or expanding research facility and large scale laboratories, in the North,
in the fields of information, biology, automation and new material technology
funded by the Science and technology capital of state budget are encouraged in
the hi-tech park.
2. The Ministry of Science and
Technology shall preferentially use the resources from the national program for
science and technology to invest in the high technology technical
infrastructure, incubating, training and transferring technology, attracting
science and technology human resources and assisting the hi- tech park in
developing high technology and products.
Article 6. Planning management
and construction
1. The management board shall
implement the general plan and zoning plan for constructing the areas in the
hi-tech park. The detailed construction planning of the hi-tech park shall be
done in accordance with each particular investment project.
2. The Ministry of
Construction shall approve modifications to the general plan for construction
in accordance with authorization from the Prime Minister when the adjusted plan
does not change the area, characteristics and functions of land in the hi- tech
park.
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Article 7. Technical
infrastructure management and operation
1. The management board shall
manage, operate, maintain and run the entire technical infrastructure system of
the hi-tech park except for the facilities specified in the Clause 2 Article 3
of this Decree.
2. Hanoi people’s committee is
obligated to cooperate with the management board in managing, operating,
maintaining and running the entire urban technical infrastructure system of the
hi- tech park.
3. Charges for using
infrastructure and wastewater treatment
a) Charges for using state- invested technical
infrastructure facilities shall be used as the revenue to cover the cost of
operation and maintenance.
b) Charges for using investor- invested technical
infrastructure facilities shall be used as the revenue to cover the cost of
operation and maintenance
c) Charge for state- invested wastewater treatment
system shall be used as the revenue to cover the cost in operation and
maintenance.
dd) Primary investors shall pay the charges for
using infrastructure and wastewater treatment as specified in Point a, b and c
of this Clause.
4. Expenses on maintenance and
operation of technical infrastructure facilities and state-invested wastewater treatment
systems shall be covered by the charges for using technical infrastructure and
wastewater treatment of the hi-tech park until the revenue is sufficient to
cover the expenses Annually, the Ministry of Finance shall, based on the amount
of charges for using infrastructure and wastewater treatment that has been
collected, identify an amount appropriated for state budget deficit.
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LAND MANAGEMENT
Article 8. Land rent,
compensation for land clearance and incentives for land in the hi-tech park.
1. Hanoi people’s committee
shall issue the detailed price schedule of types of land in the hi-tech park,
based on the approved planning of the hi-tech park and specific technical
infrastructure conditions
2. Land price as the basis for
calculation of land rent in the hi-tech park shall be set by the land price
correction coefficient method and decided by the management board The
management board shall define the annual land price correction coefficients and
percentage of land rent with consent of Hanoi people’s committee.
3. Incentives for land
a) Persons who are directly granted land lease from
the management board and those who are allocated land by the state without land
levy but required to switch over to lease land as specified in Clause 2 Article
160 of the Land Law, incentives for land rent remission shall be given in
compliance with the Article 14 of the Decree No. 35/2017/ND-CP dated April 30th,
2017 of the government on land use levies, land rents and water surface rents
in economic zones or in hi-tech park.
b) In the cases where infrastructure investors
grant land sublease, land rent remission shall be specified in Clause 2a
Article 18 of this Decree.
c) In the cases where land is used for
infrastructure management and operation works, land users shall be exempt from
land rents during the entire rental period.
d) Land users shall be exempt from non-agricultural
land tax during the entire use period.
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5. The management board shall
deal with the residual value of investment in land or property on land (if any)
in case of land appropriation due to violations against the Land Law, happening
in the high-tech park, in accordance with procedures of applicable law.
6. other relevant regulations
on land rent, water surface rent, land clearance
compensation, and land rent exemption or remission.
levy
Article 9. Performance security
1. Each primary investor who
receives land lease grant from the management board to run a project in the
hi-tech park shall make a deposit as a performance security for the project in
accordance with the Land Law and Law on Investment.
2. If investors violate the
commitment or the decision on investment policy / investment registration
certificate is revoked, the deposit as the performance security shall be spent
as specified in Point c Clause 1 Article 17 of this Decree
Article 10. Land management in
the areas whose infrastructure is constructed and used for commercial purposes
by investors (infrastructure investors).
1. the case where an
infrastructure investor receives land lease grant from the management board
after the effective date of this Decree.
a) Each infrastructure investor is entitled to
lease land used for traffic work and technical infrastructure construction,
land involving water surface and green spaces in accordance with the approved
general construction and zoning planning.
b) The management board shall, based on the
infrastructure investors’ construction progress, hand land over to
infrastructure investors (except for the land specified in Point a of this
Clause) for land leveling. After completion of land leveling, infrastructure
investors shall hand land over to the management board.
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2. The cases where
infrastructure investors receive land lease grant from the management board
before the effective date of this Decree and have not been issued with the land
use right certificate shall be switched over to the form of land administration
specified in the Clause 1 of this Article.
3. In the cases where
infrastructure investors receive land lease grant from the management board
before the effective date of this Decree and are issued with the land use right
certificate shall lease land in accordance with the decision on land lease that
has been made and fulfill the land levy obligations to the state as specified
in Clause 2 Article 18 of this Decree.
4. The management board shall, upon request of the
infrastructure investors, approve the charges for using infrastructure,
compensation for land leveling and unit price of land to be sublet from infrastructure
investors to the primary investors, specified in the Clause 3 of this Article.
Chapter IV
INCENTIVES TO INVESTMENT
Article 11. Tax incentives
1. Projects launched in the hi-tech
park shall have the greatest incentives in accordance with regulations of the
Law on Investment and Law on Tax.
2. New investment projects in
the hi-tech park which have at least 4000 billion VND capital shall apply the
enterprise income tax rate of 10% in a period of 30 years.
3. The projects which received
investment license grant from people’s committee of a province before the Prime
Minister approves the adjusted general planning for constructing the hi-tech
park (May 23rd, 2008) and are running in the hi-tech park shall be
given tax incentives as mentioned in the certificate of investment/investment
license/certificate of investment incentive.
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1. Hanoi people’s committee
shall allocate sufficient land for building houses provided for employees
working in the hi-tech park. The State encourages and enables organizations and
individuals to invest in housing development (including technical
infrastructure, social infrastructure and housing constructions).
2. Measures to assist housing
development.
a) Entities running projects on constructing houses
provided for employees working in the hi-tech park shall be given incentives in
terms of taxes, land rents and land levies in accordance with regulations of
applicable law and this Decree.
b) Organizations and individuals running projects
on housing shall not include the sums invested by the state, financial
incentives in terms of taxes, land rents and land levies in house price and
house rent price.
3. The management board shall
issue regulations on managing and using houses provided for employees working
in the hi-tech park.
4. The Ministry of Science and
Technology shall submit to the Prime Minister additional incentives for houses
provided for employees working in the hi-tech park suitable for each period and
stage of the hi-tech park’s development for decision.
1. Investors, experts and
employees who are overseas Vietnamese or foreigners and their family members
(including fathers, mothers, wives or husbands, offspring and adopted children
under 18 years old) shall be considered to be granted exit and entry visas
which are valid for multiple times and whose duration is consistent with their
presenting work time in the high-tech park.
2. The head of the management
board shall consider to allow Vietnamese businesspeople who are working in the
enterprises established in accordance with the Law on Enterprises and the Law
on Investment in the hi-tech park to use APEC business cards.
3. The management board shall
grant work permits in accordance with the simplified procedure to overseas
Vietnamese and foreign experts working in the hi-tech park as authorized by the
Ministry of Labor, Invalids and Social Affairs.
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Article 14. Other incentives
1. In addition to the policies
on investment support specified in this Decree, individuals and organizations
specified in Clause 1 Article 2 of this Decree are also eligible for other
incentives in accordance with regulations of law when meeting certain
conditions as prescribed.
2. The Ministry of Science and
Technology shall submit requests for additional incentives for projects in the
hi-tech park in which investment is particularly encouraged to the Government
or the Prime Minister for decision.
Chapter V
OTHER POLICIES
Article 15. State
administration in the hi-tech park
1. The management board shall
be allowed to adopt the single-window system within a regulatory body to deal
with problems about administrative procedures under jurisdiction of the
management board and the single window system that involves multiple regulatory
bodies to deal with problems about administrative procedures under jurisdiction
of regulatory agencies and other specialized authorities in the fields of
investment, business registration, land, construction, labor, etc..
2. The management board shall
be the leader to put regulatory agencies and relevant specialized authorities
in charge of single-window system within a regulatory body and single-window
system for multiple regulatory bodies into coordination as specified in Clause
1 of this Article; make regulations on managing and using land for the proper
purposes, subjects and suitably to the characteristics of the hi-tech park and
regulations on managing the activities involved by infrastructure investors.
3. Ministries, Hanoi people’s
committee and relevant authorities shall provide authorization to the
management board, provide guiding documents on which the management board can
base to perform roles of regulatory bodies in the hi-tech park and cooperate
with the management board during the implementation.
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Article 16. Technical
infrastructure construction investment Capital and land clearance in the
hi-tech park
1. The state budget shall
preferentially provide funding for the management board as specified in the
medium-term public investment plan in the period of 2016-2020 and other legal
sources of funds to complete land clearance and building technical
infrastructure on schedule specified in Point 6 Article 3 of this Clause. The
Ministry of Planning and Investment shall submit plans for providing capital
for the management board to the Prime Minister.
2. The state budget shall give
Hanoi people’s committee funding for executing projects on compensation, aid,
resettlement to assist land clearance in the hi-tech park via the annual budget
plan of the management board.
3. Hanoi people’s committee
shall allocate city’s source of funds as specified in the medium-term public investment
plan and other legal sources of funds to complete facilities specified in
Clause 3 Article 4 and Point b and c Clause 3 Article 21 of this Decree;
provide funding for land clearance in the hi-tech park as specified in Clause 4
Article 4 of this Decree.
Article 17. Collecting, paying
and using land rent, compensation, clearance refund, infrastructure use charge,
wastewater treatment charge and project performance security against investors’
violations
1. Land rent, land clearance
compensation refund and project performance security deposit.
a) Compensation and land clearance refund of land
users shall be paid to the state budget and deducted from the land rent. The
amount of remaining land rent shall be paid1 to the local budget in accordance
with the Law on State Budget.
b) the management board shall collect compensation
and land clearance refund as specified in Point a of this Clause and collect
other revenues related to land users in the hi-tech park and pay into the
separate account of the management board in the state treasury.
c) The sums collected specified in Point b of this
Clause and project performance security deposit specified in Clause 2 Article 9
of this Decree shall be used for land clearance, reinvestment in the hi-tech
park development and paid to the state budget.
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2. Charges for using
infrastructure and wastewater treatment
The management board shall collect charge for using
technical infrastructure facilities invested by the state and charge for
wastewater treatment to operate and maintain service conditions of technical
infrastructure facilities and wastewater treatment system.
Chapter VI
IMPLEMENTATION
Article 18. Transitional provisions for fulfilling financial
obligations on land, applied to the cases of land use before the effective date
of this Decree without land rent payment
1. Primary investors who use
land before the effective date of this Decree without land lease decisions and
have not paid for land rent.
a) The above-mentioned investors shall be given
incentives for land rent remissions as specified in Clause 3 Article 8 of this
Decree. Duration of incentives for land rent remissions shall commence from the
date on which the land plot
is handed over.
b) Such investors are not required to pay for
compensation and land clearance if they are those specified in the Decree No.
35/2017/ ND-CP dated April 3rd, 2017 of the government on land levy,
land rent and water surface rent in economic zones and hi-tech parks.
c) Such investors shall pay for land rent,
compensation refund and land clearance in accordance with regulations of
applicable law when the management board issues a decision on land lease
Compensation and land clearance refund shall be deducted from land rent in the
cases where land rent is paid in lump-sum amount or converted into a certain
number of years or months of financial obligation fulfillment in accordance
with the land price policy at the time of the decision on land lease in the
form of annual land rent payment
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a) Infrastructure investors who lease land in the
form of annual payment shall be eligible for 15 year exemption from land rent
after the land lease decision date; have the obligation to exempt the primary
investors from land rent on the land sublease proportional to the amounts of
incentives applicable to infrastructure investors specified in this Point.
b) Infrastructure investors shall pay for the land
rent in lump-sum amount charged for the land area subleased before July 1st,
2014 during the land lease period, the amount payable by the
infrastructure investors is equal to annual land lease price specified in the
document No. 2703/UBND-KT dated June 20th, 2006 of Ha Tay
people's committee multiplied by (x) the difference of the period of land
sublease and the remaining land rent exemption time period as specified in
Point a Clause 2 of this Article from the time of land sublease and multiplied
by the sublet land area. Infrastructure investors shall pay interests on late payment
from the land sublease to the deadline for paying the land rent to the state
budget.
3. The primary investors shall
be obligated to pay for the infrastructure use charge as specified in Clause 3
Article 7 of this Decree.
Article 19. Transitional provisions
for projects which use land in the expanding planning areas as specified in the
Decision No. 621/QĐ-TTg dated May 23rd, 2008 of the Prime Minister
(southern part of Thang Long avenue and Eastern part of the hi-tech park in Ha
Bang commune, Thach That district, Hanoi City)
1. The land whose sublease is
granted from infrastructure investors before the Bac Phu Cat Industrial zone is
merged into the hi-tech park but rent has not been paid
a) Infrastructure investors who lease land in the
form of annual payment shall be eligible for 15 year exemption from land rent
after the land lease decision date.
b) Infrastructure investors shall pay for the land
rent in slump-sum charged for the land subleased during the land lease period.
The amount payable by the infrastructure investors shall be calculated on the
basis of annual land lease price specified in the Decision No.896/QD-TC dated
December 8th, 2006 of the Ha Tay department of finance multiplied by
the land sublease period from which the remaining land rent exemption time
deducts specified in Point a of this Clause from the land sublease date and
multiplied by the area of land subleased. Infrastructure investors shall pay
such land rent’s late payment from the land sublease date to the deadline for paying
the sums to the state budget.
2. The land whose lease is
granted from Ha Tay people’s committee before the Prime Minister’s approval on
the adjustment to general planning for constructing the hi-tech park (on May
23rd, 2008)
a) the management board shall continue to manage
and use land for constructing and developing the hi-tech park. If necessary,
the management board shall adjust the issued decision on land lease to match
with the hi-tech park’s general planning and the needs for use of the projects
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c) In accordance with the policies on land price in
each period, Hanoi people’s committee shall calculate and inform primary
investors of the land rent payable for the period beginning from the day on
which decision on land lease has been made by Ha Tay people’s committee on land
lease or from the day on which the land plot has been handed over to the end of
2016. The management board shall calculate notify the primary investors of the
land rents payable in the following years. The amount of land rent shall be
paid to the local budget in accordance with the Law on State Budget.
d) The sums of compensation and land clearance that
investors advance as approved by competent regulatory authorities shall be specified
in the Decree No. 35/2017/ ND-CP dated April 3rd, 2017 of the government on
land levy, land rent and water surface rent in economic zones and hi-tech
parks.
3. The primary investors using
land specified in Clause 1 and 2 of this Article shall not expand the
construction site and renew the land use time. The management board shall
request the Hanoi people 's committee to acquire land in compliance with
regulations and law when having the plan for using land for the hi-tech park’s
development 0}
4. The cases of land use
before the effective date of this Decree not specified in Clause 1 and 2 of
this Article shall comply with regulations specified in Clause 1 Article 18 of
this Decree.
Article 20. Obligations of the
Ministry of Science and Technology
The Ministry of Science and Technology is obligated
to implement Decree
Article 21. Obligations of
Ministries and Hanoi people’s committee
1. Hanoi people’s committee
must:
a) Provide guidelines for regulations specified in
Clause 4 and 5 Article 4, Clause 3 and 4 Article 7, Article 8, Clause 1c and 4
Article 10, Article 17, Article 18 and Article 19 of this Decree.
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2. The Ministry of Planning
and Investment shall comply with the regulations specified in Clause 1 Article
16 and Clause 1d Article 17 of this Decree.
3. Article 21. Hanoi people’s
committee must:
a) Comply with regulations specified in Clause 1,
2, 3 and 4 Article 4,Clause 3 Article6, Clause2 Article 7, Clause 1 and 2
Article 8; Clause 1 Article 12, Clause 4 Article 13, Clause 2 and 3 Article 15,
Clause 3 Article 16, Clause 2c Article 19 of this Decree.
b) Invest in traffic system, water supply and
drainage systems located out of the hi-tech park’s border and connected to the
hi-tech park financed by the city budget and complete them no later than 2020.
c) Invest in irrigation facilities in place of
rivers, streams and irrigation lakes in the planning of the hi-tech park to
match with the local general irrigation system Allocate the entire water
surface area to the management board to manage and operate no later than 2020.
d) Add and allocate the land outside the hi-tech
park to organizations and individuals running projects on houses provided for
employees working in the hi-tech park
4. Ministries, Hanoi people’s
committee and relevant authorities shall carry out the assignments in this
Decree.
Article 22. Effect
1. This Decree comes into
force from August 5th, 2017
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ON BEHALF OF
GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc