STATE COMMITTEE ABOUT COOPERATION AND INVESTMENT ______________	THE SOCIALIST REPUBLIC OF VIETNAM. Independence-Freedom-Happiness ______________________
Number: 2374-UB/KCX	Hanoi, October 24, 1995

IT ' S SMART

THE STATE COMMITTEE ON COOPERATION AND INVESTMENT

Guide the transfer of the construction site into the Industrial Zone and regulate the Investment License

of the enterprises that have foreign investment capital operating under the Industrial Area Regulation.
__________________________

As for the transfer of the construction site into the industrial zone and regulating the Investment License of the firms with foreign investment capital activities under the Industrial Sector Regulation, the State Committee on Cooperation and Investment Guide is as follows:

I. MOVED THE CONSTRUCTION SITE INTO INDUSTRIAL ZONE.

1-transfer: Return of the manufacturing zone (KCX) to the Industrial Zone (KCN) decided by the Government. When transferring KCX to KCN, it is necessary to note some of the following main content:

1.1. In terms of infrastructure construction: If scale (area, investment capital) and usage target does not change, then when switching to KCN, infrastructure building content will not change, therefore, the Company ' s Investment License to develop infrastructure does not have to change, except for the change. changed KCX to KCN. If scale and target use change, then when it turns to KCN, the construction of infrastructure will have to change, so it has to be re-tuned to the Investment Company ' s Investment License.

1.2. In terms of the development of the factory, KCN: If the manufacturing enterprise wants to keep the manufacturing quality of the manufacturing, it is not a business license. These firms, however, exist in the KCN, but are still active under the Fabrication Zone Statute.

If the manufacturing factory wants to change its properties, consume part of the product in the domestic market and want to enjoy the Industrial Zone, it must adjust the Business License in accordance with the Industrial Sector Regulation.

2-Procedenal and transfer profile: To be transferred to KCN, the company's investment owner KCX infrastructure must be presented with the following document filing:

Application to KCX to KCN. The application has to clarify the reason and the specific content of the adjustment issues.

The company's operational situation reports from the founding date to the time of the transfer to the KCN.

For the KCX Infrastructure Development Company, it has foreign investment capital, in addition to the above records, which must be submitted by the Unanimous Board Editor of KCX from KCX to KCN. For the infrastructure company, Vietnam's business has to be sent to the local People's Committee to submit to the Prime Minister. For the infrastructure development company, which has foreign investment capital, outside the filing of the People's Committee, the investment holder has to send a file to the State Committee on Cooperation and Investment. Based on the above profile, review of the opinion of the local People's Committee, the State Committee on Cooperation and Investment, the Prime Minister decides.

The time required to announce the decision on this transfer is not too time to determine the A-rule project in the Regulation, appraisal and implementation of the foreign direct investment project issued by Decree No. 191 /CP on December 28, 2016. 1994 government.

II. ADJUST THE INVESTMENT LICENSE OF THE ENTERPRISE
UNDER THE RULES OF THE INDUSTRIAL ZONE

1. Executive Content:

1.1. Tax change: When the factory, including the manufacturing factory, moves to operate under the Industrial Sector Regulation, the tax rate tax rate and the tax-free term are set up depending on the sector of operations (manufacturing or service) and It ' s the export rate of the factory. Specifically as follows:

18% of the profits were made against the manufacturing enterprise; 12% of the profits obtained for the enterprise exported at least 80% of the product. The enterprise is exempt from the tax rate two years since the business has interest;

22% of the profits were obtained against the service enterprise. The enterprise is exempt from the tax returns a year since the business has interest.

When transferring the factory to the Manufacturing Zone Statute, the tax rate tax rate and the tax-free exemption of the enterprise is set by the Regulation of the Fabrication Zone, as follows:

10% for manufacturing. The enterprise is exempt from the tax rate four years since the business has interest;

15% for the service factory. The business is exempt from the tax rate two years since the business has interest.

1.2. Changing the lease of land: When switching to operating under the Industrial Zone Regulation, the factory must lease land in the KCN of the Infrastructure Development Company as the new object for land lease, with lease rates and lease term as stipulated in the Investment License. You know, when it comes to an enterprise

For a venture capital that Vietnam uses the right to use land to make a legal contribution, Vietnam must deal with the KCN infrastructure development firm on the principle of lease land and payment of land rent and must be agreed upon by the Commission of Human Rights. the city, the city ...

2. Profile of the Investment License: In order to be adjusted to a license under the Industrial Sector Regulation, the business investment owner with foreign investment in the industrial zone must submit the following documents to the State Committee on Cooperation and Investment:

The application to regulate the Investment License provided by the Director General or the First Deputy General Manager. The application must present reason and the specific content of the subject matter. For a joint venture capital that Vietnam contributes to the use of land by land use; the application file must have a meeting of the board of directors or opinions of the Vietnamese side regarding the change of land lease.

The deployment of the situation is deployed, carrying out the investment license since being granted to the time of the adjustment.

The specified documents are either the original or the copy of the evidence and must submit two ministries. In the case of necessity, the State Committee on Cooperation and Investment may require additional investment, the solution that adds a number of problems related to the operation of the enterprise.

3. Processing the adjustment profile: For a 2-day deadline from the date of the reception of the adjustment profile, the State Committee on Cooperation and Head of Filing to the Ministry of Finance. In the five-day period since the date of receiving the adjusted profile, the Ministry of Finance has a written opinion that sent the State Committee on Cooperation and Investment to announce the decision to the investment owner.

4. Effect of adjustment:

4.1. The adjustment of the Investment License came into effect since the day the State Committee on Cooperation and Investment decided to regulate the issued Investment License.

4.2. This guidance is only applicable to the regulation of the Investment License of enterprises that have foreign investment capital that existed in the KCN table to be transferred to the Industrial Zone Regulation. All adjustments, additional additions in the investment license of the enterprise have foreign investment in the KCN made in accordance with the 910 /UB-QL Digital Investment on May 4, 1995 of the State Committee on Cooperation and Investment.

Jade. (signed)