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Conditional business lines

Competitive Advantage

The Law on Investment, which effected on 1 July 2015, as amended on 22 November 2016, provides a consolidated and unified list of 243 conditional business lines, amongst which there are ones especially conditional for foreign investors such as trading/distribution, logistics services. This list, together with the business conditions thereof are publicly posted in the National Portal on Business Registration at https://dangkykinhdoanh.gov.vn/ and https://dautunuocngoai.gov.vn/ Companies doing business in conditional business industries are required to fully satisfy the applicable conditions (i.e. minimum capital, foreign ownership limitation, requirement on facilities and personnel, operation license, etc.). Failure to comply with these requirements will result in the penalties imposed by the state bodies and unfavorable tax treatment to expenses incurred from these businesses. 4.5 Investment incentives Investment incentives are granted to investment projects based on the following criteria: – Location: investment projects located in areas with difficult or especially difficult socio-economic conditions or special purpose zones; – Business industry: investment projects engaged in encouraged business activities such as high-tech businesses, socialized businesses (e.g. education, medical), infrastructure development businesses, etc.; – Others: investment projects with large investment capital or engaging in the manufacture of support industry products. Investment incentives granted to qualified investment projects include: Corporate income tax (CIT) incentives: Preferential CIT rate (i.e. lower CIT rate in comparison with the standard CIT rate of 20%) for a definite period or for the entire duration of the investment project; exemption from CIT and reduction of CIT for a definite period (see table below); Import duty incentives: Exemption from import duty in respect of goods imported to form fixed assets, raw materials and components for implementation of an investment project; and Incentive relating to land rental and land use tax: Exemption or reduction of land rental and land use tax.

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