Legislation, News & Event, News & Legislation
Legal update, N1, August 2018
Foreign investors participating in trading activities through the Goods Exchange in Vietnam.Decree No. 100/2018 / ND-CP amending, supplementing and abolishing a number of regulations on investment conditions in the fields of state management of the Ministry of Construction.
Foreign investors are entitled to participate in goods purchase and sale transactions through the Goods Exchange in Vietnam.
Foreign investors are entitled to contribute capital to establish the Goods Exchange in Vietnam; To purchase shares or contributed capital portions of the Goods Exchange in Vietnam according to the following regulations:
Foreign investors are permitted to contribute capital to establish the Goods Exchange in Vietnam; To purchase shares, contributed capital of the Goods Exchange in Vietnam at the rate not exceeding 49% of charter capital.
Foreign investors are permitted to participate in goods purchase and sale through the Goods Exchange as customers or participate as members of the Goods Exchange (brokerage members, business members ) with unlimited charter capital.
Procedures for capital contribution, purchase of shares and contributed capital portions of foreign investors shall comply with the provisions of the Enterprise Law, the Investment Law and other relevant law provisions.”
The Decree has abrogated Article 22 of Decree 79/2009; Article 19 of Decree 64/2010; Article 27, Article 34 of Decree No. 24a / 2016; Article 16 of the Decree 11/2013.
Decree No. 86/2018/ND-CP regulating foreign cooperation and investment in education. This Decree takes effect on August 1st, 2018.
Joint education: Private pre-school educational institutions and private compulsory educational institutions in Vietnam, and legal educational institutions in foreign countries that are accredited by education quality assessment organizations or foreign competent agencies
Investment capital
A project of investment in establishing a pre-school educational institution shall have investment unit cost of at least 30 million VND per kid (exclusive of the expense incurred from land tenancy). A project of investment in establishing a compulsory educational institution shall have investment unit cost of at least 50 million VND per student (exclusive of the expense incurred from land tenancy). The total minimum capital shall be calculated when the estimated education scale is greatest but shall not be lower than 50 billion VND.
A project of investment in establishing a higher educational institution shall reach an at least total minimum capital of 1.000 billion VND (exclusive of the expense incurred from land tenancy). The foreign-invested business entity which is the investor of the project shall prove its financial capacity according to the Law on Investment. During the time appraising the application for the university establishment, the investment value shall reach more than 500 billion VND.
A project of investment in establishing a branch campus of foreign-invested higher education institution in Vietnam shall have a capital of at least 250 billion VND (exclusive of the expense incurred from land tenancy) During the time appraising the application for establishment of the campus, the investment value shall be more than 150 billion VND.
As for the foreign-invested educational institutions of which the facilities are not newly built but are leased or contributed by the Vietnamese partner, the capital shall reach at least 70% of the capital specified in this Decree.
This Decree shall replace Decree No. 73/2012 / ND-CP of the Government dated September 26, 2012, on foreign cooperation and investment in education and Decree No. 124/2014 / ND- CP dated 29 December 2014 of the Government amending Clause 6 of Article 31 of Decree No. 73/2012 / ND-CP.
Policies for enterprises investing in agriculture and rural development sector
Decree No. 57/2018/ND-CP dated April 17, 2018 of the Government on incentive policies for enterprises investing in agriculture and rural development sector
State budget shall provide post-investment subsidies: When investment items of a project have been completed, tested and accepted according to relevant requirements, 70% of total amount of subsidies for these investment items shall be disbursed. Upon the completion of project commissioning and the project has officially started its operation, the remaining 30% of subsidies is given.
The unused amount of the predetermined funding for an enterprise in a budget year shall be carried forward to the following budget year. After 02 budget years, if the predetermined funding for an enterprise is not yet fully granted to the enterprise, the remains shall be transferred to another qualified enterprise according to regulations herein.
Funding from state budget shall be not included in taxable income of a receiving enterprise. This funding amount is guaranteed by the Government when the receiving enterprise applies for loans from commercial banks to have funding for implementing its project.
Preferential policies: Exemption or reduction of land levy; Exemption, reduction of land rent and water surface rent payable to the Government.
An enterprise that has an agriculture project eligible for investment incentives shall be exempted from payment of land rental and/or water surface rental for the first fifteen years from the date on which it has land and/or water surface leased by the Government and shall have 50% of land rental and/or water surface rental reduced in subsequent 07 years.
An enterprise that has an encouraged agriculture project shall be exempted from payment of land rental and/or water surface rental for the first eleven years from the date on which it has land and/or water surface leased by the Government and shall have 50% of land rental and/or water surface rental reduced in subsequent 05 years.
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