DECREE

Regulatory Regulation and Guide to Corporate Income Tax Law p

______________________

Government Law Base December 25, 2001;

The Tax Law Base Income Tax Law on June 3, 2008 and the Amendment Law, which added some of the provisions of the Corporate Income Tax Law June 19, 2013;

At the request of the Minister of Finance;

The government issued a regulatory regulation and guidelines for the implementation of the corporate income tax law.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This decree rules the details and guidelines of some of the provisions of the corporate income tax law and the Amendment Law, which complements some of the business income tax laws on: The taxpayer; taxable income, tax-free income; determining income. Tax calculation, loss and loss; revenue; expenses are excluded and not unless determined to receive taxable income; tax rates; tax incentives; tax incentives and conditions applicable tax incentives.

What? 2. The taxpayer

The taxpayer is in accordance with the provisions of Article 2 of the corporate income tax law and the 1 Article 1 Amendment Act, which adds some of the provisions of the corporate income tax law.

1. The taxpayer in accordance with the provisions at paragraph 1 Article 2 The business income tax law includes:

a) The business is established and operates under the provisions of the Corporate Law, Investment Law, Law of Credit organizations, Insurance Business Law, Securities Law, Petroleum Law, Trade Law and regulations in other law texts under the forms of law and law. The company shares; the company is LLC; the private enterprise; the private enterprise; the parties in the contract of business cooperation; the parties in the contract to divide the oil and gas products, the oil and gas joint enterprise, the joint operating company;

b) The business is established by the regulation of foreign legislation (later called foreign enterprises) that have a permanent basis or no permanent facility in Vietnam;

c) Public career units, in addition to manufacturing public, commodity business, services with taxable income under regulation at Article 3 This decree;

d) The institutions were established and operated under the Law of Cooperative;

Other organizations outside the organization stipulated at the points a, b, c, d This clause has a manufacturing activity, business with taxable income under regulation at Article 3 of this Decree.

2. The organization is established and operated (or registered to operate) under the regulation of Vietnamese law, the business individual is the taxpayer in accordance with the deduction at the source in the case of purchase (including purchase of services tied to goods, purchasing goods). is provided, distributed in the form of entry-based import or under international trade terms) on the basis of a contracting contract with foreign business regulation at points c, d 2 Articles 2 Tax income tax.

The Finance Ministry instructs the tax deduction for regulation at this paragraph.

What? 3. Tax Income

1. Revenue in taxable income includes income from manufacturing operations, commodity sales, services, and other income stipulated at paragraph 2 This. For business registration and business registration business in paragraph 2 This income is defined as income from manufacturing operations, business of the facility.

2. Other income includes:

a) The income from capital transfer includes income from partial transfer of a portion or all of the capital that has invested in the business, including the case of corporate sales, securities transfer, capital transfer of capital and capital transfer forms. The rules of the law.

b) Income from the investment project transfer, income from the transfer of the right to the investment project, income from the transfer of the exploration rights, exploitation, mineral processing by the rule of law; the income from the estate transfer under the regulation. in Article 13 and Article 14 of this decree;

c) Income from the right to use, the ownership of property including income from intellectual property rights, income from the transfer of technology under the rule of law;

d) Income from transfer, leasing, asset liquation (excluding property), among which other types of paper cost;

Earnings from interest payments, capital loans, currency sales include: deposit interest in credit organizations, loan gains under all forms under the provisions of the law including slow paid interest, payback interest, credit bail fees, and other charges. other in the capital loan contract; the income from the foreign currency; the arbitrate arbitrate due to reassessment of the debt payout has the end of fiscal year-end foreign currency; the exchange rate spread in the term (separately, the rate difference). Basic construction investment to form the fixed asset of newly established business that this fixed asset has not yet entered into the business of producing business. It ' s a business that ' s in the direction of the Ministry of Finance. For the receivable debt, the loan with foreign origin arise in the period when the exchange rate difference of the debt receivable, the loan is the difference between the exchange rate at the time of the debt recovery at the time of the exchange rate at the time. to record the initial loan debt or loan;

e) The previous quotation at the expense but not using or used is not all under the term of an extract that the business does not mean to regulate costs;

g) The debt that is hard to claim is now required;

) The debt must be paid not to determine the creditless;

i) The income from the business of the previous years was found out;

) The deviation between the penalty income, the compensation due to the violation of the economic contract or the reward due to the good implementation of the contract (excluding fines, compensation is credited with the value of the work in the investment phase) minus (-) go. The sanctions, the compensation, are due to the violation of the law.

l) The amount of money grants or artifacts received;

m) deviation from reassessment of assets by the rule of law to contribute to capital, which moves upon division, separation, mergers, mergers, integration, transformation of the type of business.

The business receives the assets under the review price when determining the cost of the specified expenses at Article 9 of this Decree;

n) Earnings received from manufacturing operations, business outside Vietnam;

o) Other earnings include the tax-exempt income stipulated at paragraph 6, paragraph 7 Article 4 This Protocol.

3. Tax income derived from Vietnam by foreign enterprises stipulated at the points c, d 2 Article 2 The corporate income tax law is the income received from Vietnam from the service of service supply, supply and distribution, and distribution of income tax. Goods, capital loans, royalties to organizations, Vietnamese individuals or for organizations, foreign individuals who are in business in Vietnam, are not dependent on the site of business conduct.

The taxable income stipulated at this clause does not include income from the service outside Vietnam: Transportation, machinery, external equipment; advertising, marketing, investment promotion, and commercial promotion abroad; the environment. Overseas sales, overseas sales; overseas training; postal service sharing, international telecommunications to foreign countries.

The Treasury Department specifically instructs the taxable income stipulated at this clause.

What? 4. Free Income

Tax exempt income is provided by regulation at Article 4 of corporate income tax law and paragraph 3 Article 1 The amended law, which adds some of the provisions of the corporate income tax law.

1. Income from cultivation, breeding, aquacal farming, the production of salt of the cooperative; the income of the cooperative activity in the field of agriculture, forestry, fishing, matches made at the site of economic conditions-difficult social or local. Economic-social conditions are particularly difficult; the income of the business from farming, breeding, aquacoreal farming in the economic-social site is particularly difficult; income from seafood fishing.

Income from cultivation, breeding, aquacal farming of the cooperation and of the tax-exempt business under the provisions of this clause does not include the income from the processing, manufacturing products from cultivation, breeding, aquacine farming. Cooperating, the business must pay its share of the income from farming, herding, aquacal farming with processed, other fabrication to determine the amount of tax income tax exempt from this clause. Where the private non-accounting case is obtained, the tax-exempt income is determined by the ratio between the cost of the tax-exempt activity with the total cost of the underlying business of the base in the tax period.

Farming activity, breeding, aquacal farming of cooperative and of business in the economy-particularly difficult society is exempt from taxation at this paragraph and at the Point 2 Article 15 This Protocol is determined to be based on the first-level economy. of agriculture, forestry, and fisheries in the Vietnam Economic Industry System.

The cooperative works in agriculture, forestry, fishing, matches, and at Clause 2 Article 15 This is the cooperative that meets the rate of product supply, services to members who are individuals, households, and families. The law is active in agricultural, forestry, fishing, and matches by the provisions of the Law of Socialization and Guided Texts.

2. Income from the implementation of the direct technical service serving agricultural exempt agricultural services include: Income from irrigation services, water consumption; plowing, indiscriminate, canal dredging, endogenous ditch; deep room service, disease for crops, pets; product harvesting services. Agriculture.

3. For income from the implementation of the scientific research contract and technology development, income from the sale of product testing and income from product production made from new technology for the first time applied in Vietnam, the minimum tax-free time in the country. less than 01 years, since the date of the start there is revenue from the sale of products under the scientific research contract and the application of technology, testing or production of new technologies.

The Ministry of Finance is specifically directed at this paragraph.

4. Income from manufacturing activity, business of goods, the service of the business has 30% of the average workforce in the year to become a disability, the latter of addiction, the infected person of HIV/AIDS.

The tax exempt business stipulated at this provision is that the business has an average number of workers in the year from 20 or more, not including the operating business in the financial sector, the real estate business.

The tax-exempt income stipulated at this clause does not include another income stipulated at paragraph 2 Article 19 This decree.

5. Income from vocational training dedicated to ethnic minorities, people with disabilities, children with particularly difficult circumstances, social distress subjects, drug addicts, drug addicts, HIV/AIDS. In the case of vocational facilities that have all the other subjects, the tax-exempt income is determined by the ratio between the number of ethnic minorities, people with disabilities, children with a particularly difficult situation, social distress, people who are addicted to addiction. after rehab, people infected with HIV/AIDS compared to the total number of people in the facility.

6. Income is divided from capital activities, purchasing shares, joint venture, economic links with domestic enterprises, after the side of capital gains, stock release, joint venture, link filed tax on the provisions of the corporate income tax law, including the company. case of capital gains, stock releases, joint venture, links are being entitled to the regulation tax in Chapter IV of this decree.

7. The grants received for use for educational activities, scientific research, culture, art, charity, humanitarian and other social activities in Vietnam.

The organization of the organization receiving grants using non-purpose funding is required to pay the income tax on the use of the target error in the tax period that develops the use of the target error.

The organization that receives a regulatory funding at this is the organization that is established and operates under the provisions of the law, making the correct implementation of the law on statistical accounting.

8. Income from the transfer of the first-term emission reduction (CERs) of the business is granted a certificate of emission reduction; the next transfer tax return to corporate income tax by regulation.

9. Income from the implementation of the Bank of Vietnam mission of the Vietnam Development Bank in terms of development investment credit, export credit; income from credit activity for the poor and other policy subjects of the Bank of Social Policy; income, and credit. of Company LLC a member of the property management of Vietnamese credit organizations; income from the activity that was obtained by the implementation of the State Administration of the State Financial Fund: Vietnam Social Insurance Fund, the Deposit Insurance Organization, the Fund for the Government of Vietnam. Health Insurance, Vocational Assistance Fund, the Foreign Employment Assistance Fund in the Ministry of Labor-Trade and Social Affairs, Farmers Support Fund, Legal Aid Fund. Vietnam, the Public Telecommunication Fund, the Local Development Investment Fund, the Vietnam Environmental Protection Fund, the Trust Fund for Small and Small Business, the Cooperated Development Assistance Fund, the Poor Women ' s Fund, the Public Protection Foundation, and the Legal Assistance Fund. Abroad, the Housing Development Fund, the Small Business Development Fund and the National Institute of Science and technology Development, the National Institute of technology Innovation; earnings from the implementation of the State of the State Mission of the Land Development Fund and other Fund of the State of Operations. Not because of the profit objective due to the Government, the Prime Minister decides to establish and operate under the rule of law.

10. The undivided income of the basis of socialization implementation in the field of education-training, health and other socialization sector (including the Office of Judicial Supervision) left to invest that facility in accordance with the regulation of specialized law on education and education. -training, health and other areas of socialization; the distribution of entry into the non-divided property of the cooperative is established and operates under the provisions of the Law of Cooperative Law.

11. Income from technology transfer of priority transfer to the organization, the individual at the site has a particularly difficult economic-social condition.

Chapter II

BASE AND TAX.

What? 5. Tax base

The tax base is the income tax in the period and the tax rate.

The tax period implemented by regulation at Article 5 of the corporate income tax law and the regulation of the tax management law.

The business is selected for the tax period according to the calendar year or fiscal year but must notify the tax authority prior to the execution.

What? 6. Define tax income

1. Revenue of the tax in the tax period is determined as follows:

Tax income

=

Taxable income

-

Tax exempt income

+

The losses are connected by regulation.

2. The taxable income is defined as follows:

Taxable income

=

Revenue

-

Expense excluded

+

Other income

The business has many business activities that are taxable income from manufacturing operations, and business is the total income of all business activities. In the case if a loss business is compensated, the loss of the loss to the taxable income of the business activities has the income of the self-selected business. The remainder of the income after clearing applies the corporate income tax rate of business activity and income.

Income from real estate transfer operation, investment project transfer, transfer of rights to the investment project, transfer of exploration rights, exploitation, mineral processing must be specified separately for filing tax filing. The transfer of the concession to the investment project, the transfer of the investment project (excluding the exploration project, mining of minerals), the transfer of real estate if the loss is offset by the interest of the business of producing business in the tax period. The case of a business that does the procedure for selling real estate is a fixed asset, the income from the estate transfer (if any) is compensated with income from the business production activity of the business.

3. The identification of taxable income for some manufacturing activities, the business is regulated as follows:

a) For income from capital transfer (except income from the specified stock transfer at this Article b) is determined by the total amount obtained by the transfer contract minus (-) the purchase price of the transferred capital, minus (-) the cost of the direct link. Next to the transfer.

A business case with a transfer of capital is not received by money that receives assets, other material benefits (such as: shares, funds certificates) that have income births are subject to corporate income tax;

b) For income from the stock transfer determined by the sale price (-) the purchase price of the transferred stock, subtracted (-) the costs are directly related to the transfer of the stock.

The business case that makes the stock release is the difference between the release price and the non-tax income tax revenue.

The business case proceeds to split, merge, the merger that performs the stock swap at the time of split, merging, merging if it comes to income, then the income is subject to corporate income tax.

A business case with a transfer of securities without money received by assets, other material benefits (such as: shares, fund certificates) that have income births are subject to corporate income tax;

c) For income from the intellectual property rights, the transfer of technology is determined by the total amount of proceeds (-) the cost of capital or costs that create intellectual property rights, the technology is transferred, unless (-) maintenance costs, upgrade, ownership development, etc. Intellectual, transmable technology, and other subgenera;

d) For asset rental income determined by the rental revenue deduction (-) basic depreciation, maintenance costs, repair, asset maintenance, asset rent costs to rent (if any) and other expenses are excluded in connection with the value of the property. the lease of the property;

Earnings from the transfer, liquing the asset (excluding property) by the amount obtained from the transfer, the asset liquation (-) the remaining value of the property that is on the accounting book at the time of the transfer, liquoration and expenses are excluded. related to the transfer, the asset liquation;

e) Income from semi-foreign currency activity by total proceeds from foreign currency minus (-) the capital price of the amount of foreign currency sold;

g) The deviation from reassessment of the asset, which is transferred when split, split, merge, merged, dissolved, transform the business type, transform the owner, which contributes to the difference between the value reassessment of the property with the remaining value of the property. It was written on the bookkeeping book before reevaluating the property.

The gap increases, decreasing due to a reassessment of fixed assets when capital contributions, assets that run when divided, split, merge, merge, transform the business type, asset is the value of land use to contribute to home-building investment projects, infrastructure to build. sold into other income or reduced other income in the tax period; the difference by reassessment of the value of land use to the capital to which the recipient of the capital was not extracted from depreciation to other income in the maximum time. No more than 10 years from the year of wealth.

h) For business partnering contracts (BCC) dividing profit after tax, the income is determined by total revenue under the BCC contract minus (-) the total cost associated with the creation of the revenues of the BCC contract.

The Treasury Department specifically instructs the revenue, the cost of the BCC contract divides the profit after tax;

i) The income received from manufacturing operations, overseas business is the total amount of income received before the tax.

4. Income from the exploration activity, oil and gas extraction is determined according to each oil and gas contract.

What? 7. Define the hole and move the hole

1. The birth rate in the tax period is the number of negative differences (-) on tax income that has not included the losses that are connected from the previous years to be determined in accordance with the specified formula at Clause 1 Article 6 of this decree.

2. The business with a hole is shifted to the following year, the number of these holes are subtracted from taxable income. The duration of the transfer is no more than five years, since the following year.

3. The Hole from the estate transfer operation, the investment project transfer, transfer of the right to the investment project (excluding the exploration, mining project) after having made compensated with the taxable income of this operation or offset by regulation. In paragraph 2 of Article 6 This decree, if the hole and the business have holes from the transfer of the right to exploration, the mineral exploitation is shifted to the next year in the tax revenues of that activity, the period of continuous transfer of the property is no more than five years, since then. Next year, the year after the birth.

What? 8. Revenue

Revenue to calculate the income tax in accordance with regulation at Article 8 The corporate income tax law.

1. Revenue to calculate taxable income is the full amount of sales, household money, service money supply, both allowable, allowable, dependable, non-discriminated businesses that have earned money or have not obtained money.

For the business of prescribation, valuing the value of the value increase in tax deductible is the revenue of corporate income tax as the sales do not have an increase in value. For the business of prescribation, valuing the value of the value increases in the direct method on the value of the increase, the corporate income tax revenue includes an increased value tax.

2. The time of determining the revenue to calculate taxable income on goods sold is the time of the transfer of ownership, the right to use goods to the buyer.

The time of determining the revenue to calculate taxable income on the service is the time to complete the delivery of the service to the buyer or the time of the application of the service supply.

3. Revenue to calculate taxable income on some of the specific prescribed cases is as follows:

a) For goods sold in the form of a payout determined at the price of a one-time paid sale price, which does not include paid interest, slow repayment;

b) For goods, services used for exchange, internal consumption (excluding goods, services used to continue the production process, business of the business) is determined by the sale price of the product, goods, services of the same type or equivalent. at the time of exchange, internal consumption;

c) For the industrialisation of goods activity is the proceeds of household activities including pre-public, cost of fuel, motivation, other side materials and other costs that cater to the household of goods;

d) For property leasing activities, golf business operations, other service business that customers pay for many years is the amount of money on the property, purchasing each of the contracts by contract. In the case of an asset lease, the buyer pays a pre-payment service for many years the revenue to calculate the taxable income allocated to the number of years paid by or determined according to a one-time pay. The business case is in the time of tax incentives, which determines the amount of preferable tax to be based on the total amount of business income tax required by the number of years of pre-split revenue (:) for the number of years of pre-income;

For credit activity, financial leasing activity is interest in loans, financial leasing revenues must be collected in the tax period;

e) For transportation activity is the entire revenue of passenger delivery, goods, baggage that arise in the tax period;

g) For electricity, clean water is the amount recorded on the value-added invoice;

h) For insurance business activities, reinsurance is the amount that must be obtained on the original premium; agent service fees (including loss of loss, compensation settlement, third person compensation, 100% compensation treatment); reinsurance fees; Reinsurance commissions and other revenues on insurance business except (-) reimbursable or reduced premiums, reinsurance fees, reimbursable or reinsurance commissions.

The school of insurance, the revenue to calculate taxable income is that the source of the original premium is allocated according to the rate of insurance that has not included an increased value tax.

For the contract insurance contract, the revenue to charge income tax is the amount that has to be born in every single period;

i) For construction activity, the installation is the work value, the work category, or the volume of construction work, the installation is obtained.

The construction case, installation of no raw materials, machinery, equipment, tax revenue does not include the material value of materials, machinery, equipment;

l) For business activity in the form of a business cooperation contract without a legal establishment:

-The case for parties to contract business contracts divided business results by sales of goods sales, services, tax revenues were the revenues of each side divided by contract;

-The case for parties to contract business contracts divided the business results by post-tax profit, the revenue to determine taxable income is the amount of sale of goods, services of the contract;

l) For casino business, award-winning video games, business betting is the amount of proceeds from this activity including special consumption tax minus (-) the amount paid to the guests;

m) For the securities business are revenues from brokerage services, securities, securities, securities investment, investment fund management, investment fund management, market organization certification, and securities services. The rules of the law.

n) For search operation, exploration and extraction of oil oil is the entire oil-selling gas, gas-trading contract in tax expectations;

o) For derivatives financial services is the amount of proceeds from the provision of derivative financial services implemented in the tax period;

The Ministry of Finance is specifically directed at this and for some other specific cases.

What? 9. The expenses are subtracted and not unless determining taxable income.

1. Except for the provisions specified at paragraph 2 This, the business is subtracted from all expenses if it meets all the following conditions:

a) The actual cost of which is related to the manufacturing activity, the business of the business, including the following expenses:

-The provisions for the duty of defense and security, training, activities of the militia self-defense and serve other defense, security duties, under the rule of law; the support for the operation of the party organization, the political-social organization in the business;

-The practical expenses for room operation, anti-HIV/AIDS workplace employment, include: The cost of training room handles, anti-HIV/AIDS of the business, the cost of organizing room communications, anti-HIV/AIDS for business people, fees and fees. Doing counseling, exploring and testing HIV, the cost of supporting HIV infection is the employer of the business.

b) The sum of sufficient bills, evidence from the rule of law.

For the cases: Purchasing is shallow, forestry, fishery of the producer, fishing for direct sale; purchase of handmade products made of jute, papyrus, bamboo, leaf, leaf, song, clouds, straw, coconut shells, coconut skulls or ingredients used from the agricultural products of the person. Direct public production sells; buy land, rock, sand, gravel of the household, the individual exploit directly to the sale, buy the scrap of the person directly, buy items, purchase items, property, household, personal, personal, personal, and household goods. Non-business must be able to testify from payment payments to the seller and the Purchasing Table, the service by the agent under the law. or who is authorized by the business business and is responsible.

c) For the bill of purchase of goods, the once-valued service of twenty million co-return is subject to evidence from non-cash payment, except for business expenditures for: Enforcement of defense, security, for room operations, anti-aircraft operations, and more. HIV/AIDS where working, support for the operation of party organization, political-social organization in the business stipulated at the Point A 1 This Article; for the procurement of goods, the service is set up by the prescribed table at Point 1 This Article.

The Ministry of Finance is specific to the case of contract payments at which the time of payment is different from the time of the cost of the specified costs and the non-payable expenses from the non-cash payment.

2. The expenses are not unless determined to determine the taxable income by regulation at paragraph 2 Article 9 Business income tax law and Clause 5 Article 1 The amended Law, which adds some of the business income tax law, some cases of the tax return. Not unless specified as follows:

a) The expenses do not meet the specified conditions at this 1 Article, except for the value of loss due to natural disasters, epidemics, fires, and other uncompensated cases.

The portion of the damage value caused by natural disasters, epidemics, fires, and other uncompensated cases is determined by the total value of the loss (-) the value of the insurance or organization business, the other individual must be compensated by regulation. of the law;

b) The portion of the business management costs provided by the foreign business allocated to the permanent facility in Vietnam exceeds the following formula:

The cost of business management, led by the overseas company allocated to the permanent facility in Vietnam in the tax period.	=	Tax revenue of the permanent facility in Vietnam in the tax period.	x	The total cost of the company's business management is abroad in the tax period.
		The company ' s total revenues are overseas, including the revenue of permanent facilities in other countries in the tax-free period.

c) The portion exceeded by the law of the bill for the extraction of the bill;

d) The fixed fixed asset depreciation portion of the Ministry of Finance, including: depreciated to the automobile carrying people from nine or down (except the car used for passenger transport business, travel business, hotel) corresponds to the price portion of the price. above the 1.6 billion copper/xe; the depreciation of the civilian ship, the yacht does not use the business of transporting goods, passengers, tourism business, hotels;

) The previous charges at the expense are not true to the rule of law.

Pre-charges are included in the cost of which include: In advance of the major repair of fixed assets by the cycle, the prefixes to the operation have been accounting for the revenue but continue to take the obligation under contract including the school. incorporated assets that had pre-paid property for many years that the party leased the full accounting into the revenue of the year of the money collection, other charges according to the Treasury Department regulation;

e) The cost of capital loans corresponding to the portion of the regulatory capital is missing, according to the contribution of capital in the charter of the business; the loan interest has been logged into the asset value; capital gains to deploy implementation of exploration and mining search contracts. Oil and gas.

g) Part of the advertising, marketing, marketing, promotional, brokerage (not including the insurance rose according to the law of insurance business, the seller of the right sales agent, the rose pays for the distributor of multi-level sales enterprises); Reception, disclosure, conference; marketing support, cost-related expenses directly related to manufacturing operations, business exceeding 15% of the total amount is excluded.

The total number of expenses excluded does not include the following provisions; for commercial activity does not include the purchase price of the goods sold.

The cost of controlling the cost at this point includes the expense, the gift, to the customer.

h) The portion of the cost is allowed to recover beyond the rate of regulation at the approved oil contract; the case of unregulated petroleum contracts in terms of cost recovery, the cost portion exceeding 35% is not calculated at the expense except; the costs are not allowed. calculation at the expense of the recovery:

-Articles of provisions at paragraph 2 Article 9 Tax law income tax and Points 2 paragraph 5 Article 1 The amendment law, which complements some of the business income tax laws;

-Cost of birth before the oil contract is in effect, unless the case has been agreed on in the oil and gas contract or by the Prime Minister ' s decision;

-The oil and gas rose types and other genera do not count on the cost of recoverable revenues;

-Expenditures on the investment for search, exploration, mining and oil and gas exploration;

-The fines, the damages money.

i) The value added value of the input has been deducted, the value added tax on the portion of the car value under 9 seats to over 1.6 billion undeductible copper, corporate income tax, and taxes, fees, fees and other revenues are not included in the costs. charge by the Ministry of Finance regulations;

l) The expenses do not correspond to tax revenues, except for some cases of particular under the guidelines of the Ministry of Finance;

l) Deviation Rates of exchange rates due to reassessment of endowed currency endpoints at the end of the tax count, minus the exchange rate difference due to reassessment of the debt payable debt at the end of the tax period, the rate difference arise in the first process. Building basic construction to form the fixed assets of the newly established business that this fixed asset has not yet included in the production of the business in accordance with the guidelines of the Ministry of Finance.

For the receivable debt, the loan has a foreign origin that arise during the period, the exchange rate difference is calculated at the cost except the difference between the rate at the time of the debt recovery or the loan recall at the rate at the time of note. the debt must be obtained or the initial loan;

m) The wages, the wages of the private enterprise owner; the company owner LLC a member (due to an individual as a master), remuners to the founding member of the business that these people do not directly participate in the executive production, business; Wages, wages, other types of expenses to pay for the worker but in fact no pay or no bills, evidence from the rule of law; bonus spending, the purchase of life insurance for workers who are not logged. The condition of being enjoyed and the level of being enjoyed at one of the following records: Labour contract; collective labor agreement; Financial Regulation. of the Company, Corporation, Corporation; Rules of Rewards chaired by the Chairman of the Board of Directors, General Manager, Director of Regulation under the Company ' s Financial Regulation, General Corporation. Wages, public wages and allowable allowers pay the worker but the expiration of the time the tax bill of the year is in fact not yet excluding the case of a business that extracts the fund's fund to supplement the next year's wages fund. The pay is not interrupted and is not used for other purposes. The annual reserve level is decided by the business but not more than 17% of the wage fund made (which is the total amount of food paid by the year of that decision to the deadline to submit the prescribed accounting dosages, not including the fund's amount. The salary bill of the previous year spent in five tax decisions. In the previous year, the business had a pension fund, which after six months, since the end of the year ending fiscal fiscal year or the use of a non-budget bill, the business must record the cost of the following year;

n) The grant, except for the funding for education, health, scientific research, remediation of the natural disaster, as a solidarity house, a state of solidarity, home to the poor, policy objects by the rule of law, the grant of the program. The state for the local colonies has a particularly difficult economic-social condition.

The organization that receives funding for scientific research defined at this point is the scientific science organization established and operates under the Scientific Law on the task of scientific science under the law of the law of technology science.

o) The portion exceeds $01 million per month/month-person to: Quote voluntary pension fund, buy voluntary retirement insurance, life insurance for workers; the extent of the rule of law on social insurance, on health insurance to extract the funds that are available to the public. property of social security (social insurance, compulsory retirement insurance), health insurance fund, and unemployment insurance fund for workers.

The voluntary pension fund, which has a social security property, buys voluntary retirement insurance, life insurance for workers being charged at the expense except not exceeding the regulation at this paragraph, which must be filed specifically. affected and the degree at one of the following records: Labour contracts; Collective employment agreements; Corporate Finance Regulation, Corporation, Corporation; Regulation Rules chaired by the Chairman of the Board of Directors, General Manager, Director of Regulation under Financial Regulation. of the Company, the Corporation;

p) The expenditures of business operations: Banking, insurance, lottery, securities, and some other specialty business activities under the provisions of the Ministry of Finance;

q) Pre-tax tax on the provisions of the Tax Management Law;

r) The amount directly related to the release of the stock (excluding shares of the debt must be paid) and the dividend of the stock (except the dividend of the debt must be paid), purchase of fund shares and other expenses directly related to the increase, decreased. the owner of the business.

The Ministry of Finance is specific to the cost of being subtracted and not except for regulation at this Article.

What? 10. Tax

The corporate income tax rate is made in accordance with Article 6 Article 1 of the amended Law, which adds some of the provisions of the corporate income tax law:

1. The corporate income tax rate is 22%, minus the case of an object of a 20% tax application and a tax rate of between 32% and 50% regulation at Clause 2, Clause 3 This and the preferable tax subject at Article 15 and Article 16. This decree.

As of January 1, 2016, cases of a 22% tax imposed on this clause apply a 20% tax rate.

2. The business is established and operates under the regulation of Vietnamese law, including cooperatim, the operating career unit, the commodities business, the service with a total annual revenue of no more than 20 billion dollars in the use of a 20% tax.

The total revenue year as a base for determining the business of the subject is subject to a 20% tax rate stipulated by the total sales revenue, which provides the service of the business of the prior year's business.

3. Corporate income tax tax on search, exploration, oil and gas exploration and other rare natural resources in Vietnam from 32% to 50%. For search, exploration, oil and gas exploration, location, extraction and mining conditions, the Prime Minister decides that a specific tax rate is consistent with each project, each business base at the request of the Minister of Finance. For platinum, gold, silver, tin, tungsten, antimoan deposits, precious stones, rare soils that apply a tax rate of 50%, the case of deposits of 70% of the area being delivered up to the site has a particularly difficult social economic condition in the elite category. The corporate income tax issued by this decree imposed a corporate income tax rate of 40%.

What? 11. Tax method

1. The corporate income tax must submit in the tax period by tax-income tax (x) with a tax rate; the business case that has paid income tax on foreign-born income is minus the amount of income tax submitted, but the maximum is not too much. Business income taxes must submit to the provisions of the corporate income tax law.

2. The corporate income tax must submit to the real estate transfer by income from the real estate transfer (x) with a tax rate of 22%, from 1 January 2016 the tax rate is 20%.

3. For business regulation at points c, d 2 Article 2 The corporate income tax law, the amount of corporate income tax must submit as per the percentage of the percentage of sales in the sales of goods, services in Vietnam, namely:

a) Service: 5%, private restaurant management services, hotels, casinos: 10%; cases where the service supply is tied to goods, goods are calculated in a 1% rate; the case does not separate the goods value with a service value of 2%;

b) Supply and distribution of goods in Vietnam in the form of entry in place or under international trade terms (Incoterms) is 1%;

c) The royalties are 10%;

d) Rent a flying boat (including engine rental, fleet parts), sea ships are 2%;

) Renting the rig, machinery, equipment, transport (except for regulation at this point d) is 5%;

e) The loan interest is 5%;

g) The stock transfer, reinsurance abroad is 0.1%;

h) The derivative financial service is 2%;

i) Construction, transport and other activity are 2%.

4. For oil and gas exploration activities that regulates the accounting of the revenue, the cost of foreign currency in the contract is tax-income and the tax number must be submitted by foreign currency.

5. Career units, other organizations that are not established businesses and operate under the regulation of Vietnamese law that have a business-based business, the service with income tax income tax income that units of these units are in revenue. but does not specify the cost, the income of the business activity, which prescribes the income tax income tax in proportion to the percentage of the sales of goods, services, and the following:

a) For the service (including interest deposit, loan interest): 5%. Private education, health, performing arts apply the level of taxation specified at this point c.

b) For the commodity business is 1%;

c) For the other activity of 2%.

What? 12. Place Tax

1. The business pays taxes locally where the headquarters are located. The business case has a base of accounting facilities in the province, the other Central City which is different from the local location where the tax number is located where the headquarters are located and where the production facility is located.

The corporate income tax rate in the province, the Central City Central City where the base of the dependent accounting firm is determined by the amount of corporate income tax must submit in the employee business (x) rate at the rate between the cost of births at the facility. The accounting department depends on the total cost of the business.

The filing of the regulation tax at this clause does not apply to the work, the work category, or the base of the appraised accounting.

The allocation, management, use of revenue income tax proceeds by the regulation of the state budget law.

2. The accounting unit depends on the entire industry-based accounting business that pays tax in the province, the Central City of Central City, where it operates.

3. The Treasury Department guidelines for the filing of the regulation tax at this Article.

Chapter III

INCOME FROM REAL ESTATE TRANSFER

What? 13. Income from real estate transfer includes income from the transfer of land use, transfer of land lease rights; income from the resale of the land of the real estate business in accordance with the law of non-discriminated land laws. It ' s got the infrastructure structure, the architecture that ' s attached to the land; the income from the home transfer, the construction site attached to the land, including the properties attached to the house, that construction work does not differentiate or whether there ' s no transfer of land rights. transfer the lease of land; income from the transfer of other assets associated with the land.

What? 14. Taxable income from the estate transfer is determined by revenue from the real estate transfer operation except the capital price of the estate and the expenses are excluded in relation to the real estate transfer operation.

1. Revenue to calculate taxable income is determined by the actual price of real estate transfer by contract purchase, sale of real estate in accordance with the rule of law.

The case for transfer of land use by contract, the sale of property is less than the land price issued by the Provincial People's Committee, the central city of the Central Committee, at the time of the signing, according to the land price issued by the Provincial People's Committee, the city's subordinated city. The Central Committee.

2. The time of determining the revenue to calculate taxable income is the time of the real estate delivery.

In the case of pre-progress money, the timing of the valuation of the revenue tax income tax rate is the time of the collection, the Finance Ministry guidelines for the filing of the regulation tax on this clause.

3. The cost of real estate transfer except:

a) The capital price of the transfer land is determined in accordance with the origin of the power use of the land, namely:

For the land of the house of the state, which has the money to make use of the land, and the money to rent the land, the price of the land is the sum of the land, and the sum of the land; and the rent of the land;

-For land to receive the use of the organization, the other individual is based on the contract and the certificate from legal pay when receiving the right to land use, land lease rights; the absence of contract and legal pay is calculated at the price issued by the Commission. The provincial government, the Central City of the Central Committee, was established at the time of the business to receive the transfer of the property;

-For the land that receives capital, the price of capital is the price of a deal.

-For the land of inheritance, given, given, without determining the price of capital, defined as the price of land by the Provincial People's Committee, the Central City of the Central Committee stipulated at the time of the inheritance, for, for, out, giving.

The land of inheritance, for, given, awarded before 1994 the price was determined at the price of land by the Provincial People's Committee, the Central City of Central City that decided in 1994 the base of the Framework for the Land of the Land of the Land. 87 /CP August 17, 1994 of the Government;

b) The cost of compensation, support when the State revoked the land;

c) The types of fees, the prescribed fees by law related to the granting of land use;

d) The cost of land reclamation, levy on the face;

The value of the infrastructure, the construction of the building on the ground;

e) Other costs associated with the transferable real estate.

Chapter IV

CORPORATE INCOME TAX INCENTIVES

What? 15. Preserve tax

1. Tax tax of 10% over the 15-year term applies to:

a) The income of the business from the implementation of the new investment project at the site of economic conditions-the special society is difficult to stipulate at the Appendix issued by this decree, the economic zone, the high tech sector, even the focused information technology sector. following the Prime Minister ' s Decision;

b) The income of the business from the implementation of the new investment project in the fields: Scientific Research and technological development; high technology applications under the advanced technology portfolio developed under the regulation of High-tech Law; incubation high technology, high tech enterprise incubation; venture capital investing in high technology portfolio is prioritiled by the rule of high technology law; construction investment-business infrastructure business, High-tech enterprise; investing in the development of a water plant, power plant, drainage system; bridges, roads, railways; port of goods. No, seaport, river port; airport, terminal, and other important special infrastructure work provided by the Prime Minister; production of software products; production of composites materials, light building materials, rare materials; production of energy, and materials. Renewable energy, clean energy, energy from the destruction of waste; developing biotechnology.

The software product production investment project defined at this Point is the investment product production investment project of the software product portfolio and process response to the production of software products under the rule of law;

c) The income of the business from the implementation of the new investment project in the field of environmental protection, including: Manufacturing of environmental pollution equipment, observational equipment and environmental analysis; pollution processing and environmental protection; collection, sewage treatment, waste water, and more. emissions, solid waste; recycling, reusable waste;

d) High-tech enterprise, high-tech application agriculture.

The business case is enjoying a corporate income tax or has enjoyed a corporate income tax incentive by the regulation of law-breaking legislation on corporate income tax that is granted a Business Business Certificate of Business. High-tech, high-tech-industrial agricultural business, high-tech business, high-tech industry, high-tech industry, high-tech, high-tech, commercial-tech-app agriculture. High technology rules at Clause 1 Article 15 and Clause 1 Article 16 This decree minus the amount of time that the benefit has enjoyed (both in terms of tax and time taxes). No, no, no, no.

The income of the business from the implementation of the new investment project in the manufacturing sector (excluding the special consumption tax return project, the mineral extraction project) meets one of the following two criteria:

-The project has a minimum capital investment of $6 trillion, making a total of no more than three years since being granted an investment and has a minimum total revenue of 10 trillion dollars per year slog after three years from the year of revenue.

-The project has a minimum capital investment of $6 trillion, making a total of no more than three years since being licensed to invest and employ over 3,000 slog workers after three years from the year of revenue.

The number of employees specified at this point is that the number of employers contracted full-time employment contracts, not counting the amount of part-time labor and short-term contract labour under 1 year.

2. Apply 10% tax on the following earnings:

a) The income portion of the business from the exercise of socialization activity in the field of education-training, vocational education, health, culture, sports and the environment.

Category category, scale criteria, standards of enterprises that implement the regulation of regulation at this clause provided by the Prime Minister;

b) The income from the publishing operation of the publisher by the provisions of the publishing law;

c) The income from the printing press operation (including the print advertisement) of the press agency as defined by the Press Law;

d) The income portion of the business from the implementation of the investment project-the social housing business for sale, leasing, for rent to the specified subjects at Article 53 of the housing laws.

Social housing in this paragraph is home to the state or organization, the individual belonging to the investment economic components built and meeting the criteria for housing, on the sale price, on the rental price, on the purchase price, on the subject, the purchased condition, which is purchased. Renting, being hired to buy a home in society by law on housing and the identification of income imposed by a 10% tax on this clause is not dependent on the time of the signing of the sale, lease, or rental of social housing;

Income of the business from: cultivation, care, forest protection; farming, forestry, fisheries in the economic site-difficult society; production, multiplagy, and hybrid cultivable crops, livestock; production, mining and salt refining except for regulatory salt production at home. One Article 4 of this decree; the investment of the preservation of the agricultural products after harvesting, to the preservation of the farm, the fisheries, and the food;

e) The income section of the cooperative activity in the field of agriculture, forestry, fishing, non-economic and socioeconomic sites-difficult societies and socioeconomic settlements are particularly difficult, except for the income of the cooperated cooperative at Clause 1 Article 4. This decree.

3. Revenue of 20% over the ten-year period applies to:

a) The income of the business from the implementation of the new investment project at the site of economic conditions-the difficult society stipulated at the Appendix issued by this decree;

b) The income of the business from the implementation of the new investment project: High-grade steel production; production of energy-saving products; machinery production, equipment for agricultural production, forestry, fishing, matches; production of irrigation equipment; manufacturing, refining, and manufacturing equipment. Eat livestock, poultry, fishery; develop traditional trades.

The business is implementing a new investment project into the fields, the tax-tax venue stipulated at the points a, b this, since 1 January 2016, applies a 17% tax rate.

4. A 20% tax on the human credit fund and microfinance organization and since 1 January 2016 apply a tax rate of 17%.

For the people's credit fund, the microfinance organization after the expiration of the 10% tariff rate at Clause 1 This moved to a 20% tariff (and from 1 January 2016 as 17%). The microfinance organization that regulates at this is the organization that is established and operates under the provisions of the Law of Credit organizations.

5. For the project belonging to the regulatory tax subject regulation at Points b, c 1 This is in large scale and high-tech or new technology needs to attract investment, the time that the preferable tax rate applies, but the total amount of time the tax rate applies. Ten percent less than 30 years. The Prime Minister decided to extend the amount of time applying the 10% preferable tax on this clause at the request of the Minister of Finance.

6. Time to apply the regulatory preferable tax at this Article is calculated continuously from the first year the business has revenues from the new investment project; for high-tech business, the high-tech application agricultural business is calculated from the day announced by the company. It ' s a high-tech enterprise, a high-tech industrial enterprise, and it ' s a high-tech app that ' s been computiated from the day it ' s been granted a high-tech application.

What? 16. Free tax, tax relief

1. No 4-year tax exemption, down 50% of the tax must submit in the next nine years for:

a) The income of the business from the implementation of the new investment project stipulated at Article 1 Article 15 This decree;

b) The income of the business from the implementation of the new investment project in the field of socializing implementation at the site has a difficult economic-social condition or particularly difficult stipulation at the Appendix issued with this decree.

2. As a four-year tax exemption, a 50% decrease in taxes must submit for the next five years on the income of the business from the implementation of the new investment project in the field of socialization at the non-site of the land category having economic conditions-difficult or special societies. It is difficult to specify at the Appendix issued by this decree.

3. A 2-year tax exemption and a 50% decrease in taxes required for the next 4 years on income from the implementation of the new investment project stipulated at paragraph 3 Article 15 This decree and the income of the business from the implementation of the new investment project in the industrial zone (excluding public sector) It ' s on the site of conditional social-economic conditions.

Conditional land-economic conditions stipulated at this Clause are the inner districts of the special type municipality, the central type I municipality and the provincial capital I, where the industrial zone is located on both favorable and convenient venues. Unfavorable address, the identification of tax incentives to the base site on the site has a larger area of industrial area. The identification of a special type of municipality, the type I stipulated at this clause in accordance with the provisions of the Government regulations on the classification of municipalities.

4. Tax-free time, the regulation tax rate at this is calculated repeatedly from the first year of taxable income from the new investment project to benefit tax incentives, the absence of taxable income in the first three years, since the first year of revenue from the project. New investment is tax-free, tax cuts are calculated from the fourth year. Tax-free time, tax breaks for high-tech enterprises, high-tech industry-based agricultural business in Clause 1 This is calculated from the time being recognized as a high-tech enterprise, high-tech enterprise application agriculture.

In case, in the first tax period that the new investment project of the business had a productive time of manufacturing, the business was exempt from taxation, lowering taxes under 12 (twelve) months, the business was selected for tax-free, tax relief on the new investment project. It ' s either that tax or registration with a time tax agency that starts getting duty-free, lowering taxes from the next tax period.

5. The business has an investment project development investment project in the sector, the business income tax-income venue under the regulation of this decree expands the production scale, raising capacity, innovated manufacturing technology if one is meeting one of its own. The three criteria stipulated at this paragraph are the choice of tax incentives under the project that is operating for the remainder of the time (if any) or tax-exempt, tax relief on the added income portion provided by the extended investment. Tax-free time, tax breaks for increased income attributable to the investment of regulation in this paragraph equals tax-free time, lowering the applicable tax on the new investment project on the same site, the corporate income tax incentive sector.

The extended investment project stipulated at this paragraph must meet one of the following criteria:

-The fixed asset price increases as the completed investment project goes to a minimum of 20 billion dollars on an expanded investment project under the value of the business income tax revenue under the regulation of this decree or from 10 billion partners to the United States. Expanded investment projects performed at sites with economic conditions-difficult societies or particularly difficult under the law of corporate income tax;

-The fixed asset price rate adds to a minimum of 20% from the total fixed asset price before the investment;

-The design capacity adds a minimum of 20% from the pre-investment design capacity.

The business case is operating on an upgrade investment, replacing, changing the technology of the project that is operating in the sector, the tax incentive address by this decree, without meeting one of the three criteria criteria at this point, the incentives. the tax execution tax on the project is working for the rest of the time (if any).

The case of a business that chooses the tax incentives in an expanded investment, the added income section is due to an extended investment in private accounting; the case does not separate, the income from an expanded investment activity determined by the ratio of the price. a new investment asset is used for manufacturing, business on the total fixed asset price of the business.

The tax-free time, the regulatory tax reduction at this clause is calculated from five extended investment projects that put into production, the earnings business; the case has no taxable income for the first three years, since the first year of revenue from the open investment project. Tax-free time, tax relief from the fourth year.

The applicable tax incentives at this clause do not apply to extended investment cases due to the merger, acquisition of a business or an active investment project.

What? 17. Tax down for other cases

1. Enterprise manufacturing, construction, transportation uses between 10 and 100 female workers, in which female workers make up more than 50% of the total number of workers present regularly or regularly on 100 female workers whom the number of female workers account for over 30% of total workers. The regular side of the business is reduced the corporate income tax by the amount of extra for female labor, including:

a)

b) The cost of wages and subdue (if any) gives the teacher in kindergarten, kindergarten due to corporate organization and management;

c) More health details in the year;

d) Fostering for female workers after giving birth. The regulation base of the law on labor, the Ministry of Finance in coordination with the Ministry of Labor-Trade and Social Affairs specifically regulates the extent of regulation in this paragraph;

Pay, women pay for the duration of the female labor period after giving birth, resting breastfeeding but still working.

2. The business using labor as ethnic minority is reduced the corporate income tax by the extra number of spending on labor as ethnic minorities to train jobs, support for housing, social insurance, health insurance for ethnic minorities in the country ' s largest ethnic minority. The case is not supported by the State in accordance with the regulatory regime.

3. Enterprise makes a transfer of priority technology transfer to organizations, home-based individuals whose economic conditions-the difficult society is reduced by 50% of the corporate income tax on the income from technology transfer.

What? 18. Exposition the Science and Science Development Foundation of Business

The extraction of the Scientific Development Foundation and the technology of the business is implemented under the regulation at Article 17 of the corporate income tax law and Article 11 Article 1 The amended Law, which adds some of the provisions of the corporate income tax law.

1. Businesses established, operating under the regulation of Vietnamese law are quoted by a maximum of 10% on annual tax revenue income to establish the Enterprise and Science Development Fund of the business. The State-held business of more than 50% of its foreign policy is subject to the implementation of the scientific and technological development of the law, as well as ensuring that the minimum rate of quotation rules in the Law of Science and technology.

Every year, the business self-determined to extract the Science Development Foundation by the above regulations and to report the allegations, using the Scientific Development Fund and the technology of the same paper to decide the corporate income tax.

The Report template, which uses the Scientific Development Fund and the technology of the business prescribed by the Ministry of Finance.

2. The business is in operation that changes in the form of ownership, merge, mergers, newly established businesses from the exchange of ownership, merge, merged inherited and responsible for the management, use of the Scientific Development Fund and its use of the company. technology of the business prior to conversion, merge, mergers.

The business has a science and technology development fund that has not been used as part of its split, newly established business from division, separation inherited and responsible for the management, using the Enterprise Development Fund and the technology of the previous business. When we split, split. The division of the Foundation for Science and technology development is decided by the business and registers with the Tax Authority.

What? 19. The conditions of applying corporate income tax incentives

The condition of applying the corporate income tax is made in accordance with Article 12 Article 1 of the amended Law, which adds some of the provisions of the corporate income tax law.

1. Enterprise must separate its own income from manufacturing operations, the business is entitled to corporate income tax (including preferable tax rates or tax-free, tax breaks); the case with a revenue or cost of being unaccounted for. In particular, the amount of revenue or expenses that are excluded is defined by the ratio between the cost of the subtracted or the revenues of the production activity, the tax incentives business on the total cost of which the business is deductiless or the revenue of the business.

2. Do not apply the specified business income tax at Clause 1, Clause 4 Articles 4 and Article 15, Article 16 This Decree and does not apply a 20% tax on the Article 2 Article 10 of this Decree for the following income:

a) Earnings from capital transfer, transfer of capital to capital; income from real estate transfer, minus income from social housing investment in regulation at Point 2 Article 15 This decree; income from the investment project transfer, transfer of the capital, the right to participate in the investment project, transfer of exploration rights, exploitation of minerals; income received from manufacturing operations, business outside Vietnam;

b) Income from search, exploration, oil extraction, gas, other precious resources and income from mining operations;

c) The income from the service business is subject to a special consumption tax under the provisions of the Special Consumption Tax Law;

d) Other income stipulated at paragraph 2 Article 3 This decree is not related to the business-producing activity that is entitled to tax incentives (for the case of a preferable condition response, the profession of regulation at Article 15, Article 16 of the Protocol) Hey!

3. In the same time, if the business is to enjoy a variety of tax incentives for the same income, the business is selected to apply the most beneficial tax incentives.

4. During the business of the corporate income tax, if in the five taxes the business does not meet enough one of the regulatory tax incentives conditions at Clauses 7, 8 and Section 12 Article 1 The Amendment Act, adds some of the Tax Law ' s income tax. This year the tax is not entitled to the tax, but the tax rate is not entitled to tax, but taxes are taxed at a rate of 22% and the business has a total revenue of less than 20 billion. 20%. Since 1 January 2016 the overall tax rate is 20%.

For the planned investment project at Point 1 Article 15 This Decree, the case after three years since being granted an investment license (not to mention slow progress due to the objective cause in the clearance clearance, address the administrative procedure of the state agency). The country or by natural disasters, the fire is approved by the Department of Certificate of Investment, reported the Prime Minister's approval, or the fourth year since the year of the revenue that the business's investment project did not meet the conditions listed at Point 1. This decree is not to enjoy corporate income tax, while the business must be milking, paying the amount of corporate income tax. has been prescribated by the rules of the previous year (if any) prescribed by law and is not considered to be an affidavit by the law of tax management legislation. In the time of corporate income tax incentives, if there are five tax credits that the business does not meet enough one of the regulatory tax incentives at the point of Article 1 Article 15 This year the business does not benefit the income tax. Go to business.

5. The new investment project is entitled to the regulation tax in Clause 1, Clause 3 Articles 15 and Clause 1, 2 and 3 Article 16 This Protocol is the first implementation or independent investment project with the project being implemented, except for the following cases:

a) The investment project formed from the split, separation, mergers, merger, transformation of the business form according to the rule of law;

b) The investment project formed from the transformation of the owner (including the implementation of the new investment project but still inherits assets, business venues, business professions of the former business to continue operating business).

The new investment project is entitled to tax incentives by regulation at Article 15, Article 16 of which must be granted by the state authority to grant investment licenses or investment certificates. In the case of investment projects in the country with capital investment of less than 15 billion Vietnam and not under the Conditional Portfolio Portfolio, which is associated with the establishment of a new business, the profile to determine the investment project is a business registration certification.

Chapter V.

EXECUTION CLAUSE

What? 20.

1. This decree has been in effect since 15 February 2014 and applies to the tax period from 2014 onwards.

Repel Protocol 124 /2008/NĐ-CP December 11, 2008, number 122 /2011/NĐ-CP December 27, 2011 of the Government rules the details and guidelines that enforce some of the corporate income tax law and Article 2, Article 3 of the Digital Protocol. 92 /2013/NĐ-CP August 13, 2013 by the Government stipulated the implementation of some of the valid provisions from 1 July 2013 of the Amendment Law, which complements some of the provisions of the corporate income tax law and the amended Law, which complements some of the provisions of the Value Tax Law. Tank.

2. The business has an investment project that counts as well as the expiration of the 2013 tax period while also in the time of corporate income tax incentives, including the case of investment projects that have been granted Investment licenses, Investment certificates or Business Registration Certificate. (for the domestic investment project tied to the establishment of a new business that has invested under 15 billion dollars and is not under the conditional portfolio of the portfolio) but has not yet enjoyed the statutory incentive of the tax law of the income tax. enter the business before the time of this Decree effective enforcement effect then continues to enjoy the benefit of the remaining time as defined by the documents. That is; the case that meets the tax incentives under the provisions of this Decree is to be entitled to preferable or preferable to the provisions of this decree (including preferable tax rates and free time, tax cuts) in accordance with investment. For the rest of the time, if you 're enjoying a new established enterprise from an investment or a preferable investment project for the extended investment for the rest of the time, if you' re enjoying an extended investment.

As of the end of the 2015 tax period, the business case with an investment project is being applied to the 20% state of the regulation at Clause 3 Article 15 of which, since 1 January 2016, was transferred to a 17% tax rate for the rest of the time.

The identification of the remaining time for tax incentives is calculated continuously since the implementation of tax incentives at law offices on foreign investment in Vietnam, on the promotion of domestic investment and the tax income tax issued in the country. before the date of this decree comes into effect.

3. The established or business enterprise has an investment project from the transformation of the business type, the transfer of owners, division, separation, mergers, mergers, merger obligations that implement the obligation to pay corporate income tax (including fines if available), copper. is the successor to corporate income tax incentives (including unconnected losses) of the business or investment project before the transition, division, separation, merger, merge if continuing to meet the corporate income tax incentives, the company said. You know, the conditions are shifting under the laws of law.

4. The settlement of tax-based, tax-free, duty-free, tax-reduction prior to the date of this Decree effective implementation of the implementation by law enforcement of corporate income tax, law on foreign investment in Vietnam, France. the law of encouraging domestic investment and other laws of law enacted before the date of the decree is valid.

What? 21.

1. The Ministry of Finance directed this decree.

2. Ministers, peer-to-peer agencies, Head of the Government of the Government, Chairman of the Provincial Committee of the Provincial People, the Central City of the Central Committee and the organizations, the individual involved in the execution of this decree ./.