(BP Portal) - Issued together with Binh Phuoc Provincial People's Council Resolution 01/2022/NQ-HDND of March 31, 2022.
Chapter I
GENERAL REGULATIONS
Article 1. Scope of adjustment and subject to application.
1. This scope of regulation
The current regulations on investment promotion, preferential and support policies in the territory of Binh Phuoc province, the areas shall be provided for investment preferences and trades in investment preferences.
2. Subject of adoption
This regulation applies to domestic and foreign organizations and individuals (hereinafter referred to as investors for short), State management agencies and units related to investment activities in Binh Phuoc province.
Article 2, commitments of Binh Phuoc Province
1. Binh Phuoc Province is committed to the full implementation of preferential incentives, incentives and support policies in accordance with the provisions of the Investment Law, the Enterprise Law, detailed implementing documents and other relevant legal documents.
2. In addition to regulations on the general investment preference policies of the Socialist Republic of Vietnam, Binh Phuoc Province shall provide investment incentives, incentives and support policies under the provisions set out in this Regulation.
3. Administrative procedures for investment shall be uniform in the territory of the province. The Ministry of Administrative Procedures is publicly listed at the Public Administrative Service Centre and posted on the electronic portal of the provincial People's Committee. In addition to the procedures, dossiers and papers prescribed in the Ministry of Procedures which have been publicized for application, the one - door department receives dossiers which are not required, requiring the addition of other procedures and papers.
Article 3. Principles apply incentives
1. In cases where a new legal document is issued providing preferential treatment for new investment projects, the investor shall be entitled to investment privileges as provided for by the new legislation for the duration of the investment projects' privileges, minus special investment privileges for investment projects stipulated in Point a, Article 5 of article 20 of the Investment Law.
2. In cases where new laws are issued stipulating lower investment preferences than the previously enjoyed investment incentives, the investor may continue to apply investment preferences in accordance with the previous regulations for the duration of the preferential treatment enjoyed by the investment project.
3. As provided for in Clause 2, this does not apply to cases of change Provisions of legal documents for reasons of national defense, national security, public order, social safety, social ethics, community health and environmental protection.
4. In case the investor shall not continue to apply investment preferences as prescribed as stipulated in Article 3 of this article, it is considered and resolved with one or several of the following measures:
a) Deduction of the investor's actual losses to the taxable income;
b) Readjustment of the operation objectives of investment projects;
c) Assist investors in repairing damage.
5. For investment security measures prescribed in Clause 4 of this Article, the investor must request in writing within 3 years after the effective date the new legislation takes effect.
6. For investment projects which meet the conditions of different investment incentives during the same period, the choice of investors to apply the highest preferential level.
7. Investment projects with an investment capital size of VND 6,000 billion or more, which meet the following conditions, enjoy investment preferences as prescribed for investment projects in areas with exceptionally difficult socio-economic conditions.
a) To perform a minimum investment period of 6,000 billion VND within 3 years after being granted the investment registration certificate, to decide to approve the investor simultaneously with the approval of the investor or the decision to approve the investor;
b) There is a total minimum turnover of VND 10,000 billion per year, for a period of three years after the year of the turnover or employment of 3,000 regular laborers averaged annually or more according to the law on Labor the latest three years after the year of turnover.
8. Investment projects in rural areas employing from 500 average annual regular laborers or more as prescribed by the labor legislation (excluding non-full - time working laborers and laborers with contracts under 12 months); Investment projects employing 30 percent of the annual average number of full-time laborers or more are disabled as prescribed by the Law on the Disabled and the Labor legislation shall enjoy investment preferences as prescribed for investment projects in localities with difficult socio-economic conditions.
9. Investment projects in branches and trades offered as investment preferences performed in localities with difficult socio-economic conditions enjoy investment preferences as prescribed for investment projects in areas where economic and social conditions are particularly difficult.
10. The specific preferential terms for new investment projects are stipulated in Clauses 7, 8, and 9. This applies in accordance with the provisions of tax, accounting and land legislation.
Article 4. Rights and obligations of investors
1. Investors are entitled to select trades, sizes and areas suitable for investment according to planning, directly export or entrusted with export, product consumption and other rights as provided for by law; To make investment and do business in branches where the Investment Law does not prohibit or set up enterprises in accordance with the provisions of law, to have all favorable conditions for legal procedures created by provincial functional agencies, and to provide promptly and promptly information on the planning, geographical areas, lists of investment projects and other necessary information and data as required by the investors within the scope of law.
2. During the implementation of the project, the investor has the right to transfer the project. Conditions and procedures for the transfer of projects are stipulated in Article 46 of the Investment Law.
3. The investor has the obligation to abide by the legislation on the enterprise activities, on investment and other relevant legal provisions of the State of the Socialist Republic of Vietnam; To implement investment projects in accordance with the planning, forestriction and time prescribed by law. Article 5. Business lines and areas with investment preferences.
Article 5. Business lines and areas with preferential investment preferences
1. The list of branches and professions with special preferences for investment and investment preferences: according to appendix I and II attached to this Resolution.
2. Location preferences for Investment: according to Annex III attached to this resolution.
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Translator: Ms.Thao
>>Chapter I - GENERAL REGULATIONS
>>Chapter II - POLICIES ON GENERAL INVESTMENT PROMOTION, PREFERENTIAL AND SUPPORT
>>Chapter III - THE POLICY ON INCENTIVES, PREFERENCES AND SUPPORT FOR ADDITIONAL INVESTMENT FOR INDUSTRIAL PARKS, ECONOMIC ZONES, HIGH-TECH APPLIED AGRICULTURAL AREAS, INDUSTRIAL CLUSTERS
>>Chapter IV - POLICIES ON PROMOTION, PREFERENCES AND SUPPORT OF INVESTMENT IN PROJECTS OF SOCIAL HOUSING FOR WORKERS
>>Chapter V - THE POLICY ON INCENTIVES, PREFERENCES AND INVESTMENT SUPPORT FOR SPECIAL PROJECTS CALLING FOR PROVINCIAL INVESTMENT
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