Authorized replace on Could 2022 (Half 2)

Our Vietnam Authorized Replace #205 would lead you on 03 authorized points:

I. Incentives on CIT for tasks manufacturing supporting industrial merchandise

The Tax Division of Bac Ninh Province issued Official Letter No. 1270/CTBNI-TTHT dated 20 April 2022 to information incentives for the company earnings tax (the “CIT”) for manufacturing tasks supporting industrial merchandise. The content material of the steerage is as follows:

  • If an enterprise earns earnings from manufacturing supporting industrial merchandise underneath a brand new funding venture and the earnings from this venture is having fun with CIT incentives underneath the circumstances of funding incentives carried out within the industrial park, then such earnings is entitled to CIT incentives underneath the circumstances of the venture manufacturing supporting industrial merchandise for the remaining time from the tax interval (counting from the time a Certificates of incentives is granted by a reliable authority).
  • In the course of the interval of being entitled to CIT incentives, if an enterprise carries out many manufacturing actions, the enterprise should calculate individually for every sort of earnings that’s entitled or not entitled to the respective sorts of CIT incentives.

II. Approving for each funding tips and traders to implement the business housing building funding venture

The Ministry of Planning and Funding issued Official Letter No. 2875/BKHDT-PC dated 04 Could 2022 concerning approving the funding coverage and on the similar time approving the traders to implement the business housing building funding venture. This Workplace Letter has the next principal contents:

  • In response to the regulation, the approval for each funding tips and traders with out holding a land use proper public sale or bidding to pick out traders within the following instances: (1) the investor has the appropriate to make use of the land; and (2) the investor receives the agricultural land use rights to implement the venture of funding on non-agricultural manufacturing or enterprise.
  • In response to the provisions of regulation, the types of land use to implement funding tasks to construct business housing embody (1) the investor has the appropriate to make use of residential land; or residential land and one other land apart from residential land that satisfies the circumstances for allowing the change of land use function for the implementation of funding tasks; (2) obtain the residential land use rights by the regulation on land for business housing building.
  • Due to this fact, the approval for each funding tips and traders to hold out the business housing building venture in case the investor receives the “residential land and one other land apart from residential land” or “one other land apart from residential land” shouldn’t be following the regulation.

III. Abstract of articles printed in Could 2022

Beneath are the articles that had been printed on BLawyers Vietnam’s web site this month. Please click on on the hyperlinks under to see extra.

  1. 24 Regularly Requested Questions on enterprise licenses for items buying and selling actions of overseas direct funding enterprises: BLawyers Vietnam want to summarize the regularly requested questions on the enterprise license for items buying and selling actions and different actions associated to items buying and selling of foreign-invested enterprises.
  2. Is “husband’s property, spouse’s contribution” being thought-about when resolving widespread property disputes in divorce in Vietnam? BLawyers Vietnam want to current to you ways such an previous saying could have an effect on the choice of the Court docket when dividing the widespread property within the divorces.
  3. 03 notes for importing used equipment, tools, and technological traces from abroad into Vietnam: Importing equipment assist enterprises save preliminary funding prices of their manufacturing. Nonetheless, Vietnamese legal guidelines stipulated the import circumstances for this kind of product and a strict high quality examination course of earlier than customs clearance. BLawyers Vietnam want to current the required notes on this situation in your reference.
  4. 03 notes about sanctioning administrative violations when operating rooftop solar energy tasks in Vietnam: Buyers should strictly adjust to the provisions of the regulation when working RSP tasks. By means of this text, BLawyers Vietnam want to spotlight a number of widespread administrative violations concerning RSP tasks for traders to notice.
  5. The settlement on the matrimonial property regime in Vietnam – How mandatory is it from a authorized perspective? To restrict the dangers of a property dispute between spouses upon divorce, the events could take into account establishing an settlement on the matrimonial property regime (additionally referred to as a Prenuptial Settlement).