Decree on the establishment, management and use of the Investment Support Fund (See photo news) (See video news)

Illustration photo. Source: MPI

The Decree stipulates the principles for applying support policies, including: Enterprises that meet the conditions of the cost support category as prescribed in Clause 1, Article 16 of this Decree shall enjoy support for that cost category. In case an enterprise simultaneously meets the conditions of many cost support categories, it shall enjoy support for the eligible cost categories at the same time.

Cost support is provided in Vietnamese Dong, in the following ways: a) Support according to the annual cost support categories specified in Section 1, Chapter III of this Decree, according to the fiscal year for which support is requested. Enterprises are entitled to a support level corresponding to the level of meeting the conditions for support; b) Support for initial investment costs as specified in Section 2, Chapter III of this Decree.

Enterprises shall self-declare and be legally responsible for the legality, accuracy, and honesty of the data, information, and content in the Cost Support Procedure Implementation File. The cost support level in Chapter III of this Decree shall be implemented according to the proposed level of enterprises meeting the support conditions, according to the approval decision, and according to the principles specified in Article 27 of this Decree.

Each enterprise or project is entitled to support for a maximum of 5 years, except in cases where the application period is extended by decision of the Prime Minister. In cases where an enterprise is simultaneously eligible for support from this Fund and from another fund or other form of Government support for the same cost support item, the enterprise is allowed to choose the type of support to apply according to the principle that support for this item can only be applied from one Fund or one form of support, unless the Government has other regulations or the Prime Minister decides to apply otherwise.

In case an enterprise is simultaneously eligible for support under the provisions of Section 1 and Section 2, Chapter III of this Decree, it can only choose to receive support under the provisions of one section. The support prescribed in Chapter III of this Decree applies to enterprises with investment projects approved by competent authorities in principle or granted Investment Registration Certificates or legal documents of equivalent value in accordance with the provisions of the law on investment issued before and from the effective date of this Decree.

Support for the cost items specified in Section 1, Chapter III of this Decree shall be applied from the fiscal year in which the high-tech enterprise has revenue or the enterprise's project specified in Clause 2, Article 16 of this Decree has revenue and at the same time incurs supported costs. For the first year of being granted a Certificate of High-tech Enterprise or a Certificate of High-tech Application Activities or a Certificate of New Enterprise Establishment from a High-tech Product Manufacturing Project or a Certificate of Investment Project in High-tech Product Manufacturing or a Certificate of Investment Project in Research and Development Center, the supported costs are the costs incurred throughout that fiscal year. Enterprises shall submit the Application for cost support procedures after the end of the fiscal year in which they request support as prescribed in Chapter IV of this Decree. Support money from the Fund shall not be included in the enterprise's taxable income.

The Decree also provides detailed regulations on investment support funds, including: Legal status and legal entity status of the Fund; Functions, tasks and powers of the Fund; Management structure of the Fund; Organization and powers of the Fund Management Board; Responsibilities and powers of the Chairman of the Fund Management Board; Responsibilities and powers of members of the Fund Management Board; Organization and powers of the Fund Executive Body.

Regarding investment support policies, the Decree stipulates cost support and initial investment cost support. In particular, the Fund's cost support items include: Training and human resource development costs; Research and development costs; Investment costs for creating fixed assets; High-tech product production costs; Investment costs for social infrastructure works; Other cases decided by the Government.

Beneficiaries of cost support include: High-tech enterprises; Enterprises with investment projects to produce high-tech products; Enterprises with high-tech application projects; Enterprises with investment projects in research and development centers.

Support for investment project costs for manufacturing high-tech products; Support for training costs and human resource development; Support for research and development costs; Support for investment costs for creating fixed assets; Support for high-tech product manufacturing costs; Support for investment costs for social infrastructure projects.

Regarding support for initial investment costs, the Decree stipulates that the subjects are enterprises with investment projects for research and development centers in the fields of semiconductor industry and artificial intelligence. Criteria and conditions for support for initial investment costs: Enterprises specified in Article 24 of this Decree do not have overdue tax debts or state budget debts at the time of application submission and meet the conditions at points a, b and c, Clause 6, Article 18 of this Decree; The research and development center investment project has a positive impact on the innovation ecosystem and the development of new technologies and new breakthrough products of the country.

In the Decree, the Government also stipulates in detail the dossier, procedures and contents of cost support assessment, including: Principles for reviewing and approving cost support requests; Dossier for implementing cost support procedures; Contents of cost support request assessment; Procedures and procedures for evaluating cost support requests; Contents of investment support decisions; Selection of consultants to support the assessment of dossiers for implementing cost support procedures; Dossier, procedures and contents of initial investment cost support request assessment; Progress of disbursement of initial investment cost support funds and implementation of commitments of supported enterprises.

The Decree also devotes 01 chapter to regulating financial management and supervision. Accordingly, the contents are regulated as follows: Financial sources of the Fund; Expenditure tasks of the Fund; Financial planning of the Fund; Preparation and allocation of annual state budget estimates of the Fund; Principles of management of allocated state budget and Procedures for implementing support expenditure; Management of Fund accounts opened at commercial banks; Accounting, bookkeeping, settlement and financial reporting regime of the Fund; Inspection, audit and supervision of operations.

In the Decree, the Government assigns the Ministry of Planning and Investment to preside over synthesizing and arranging the support expenditure estimates in the annual development investment expenditure estimates of the central budget; to synthesize the Fund management expenditure estimates in the regular expenditure estimates of the Ministry of Planning and Investment and send them to the Ministry of Finance for synthesis in the annual central budget allocation plan to be submitted to competent authorities for consideration and decision; to preside over and coordinate with the Ministry of Finance and relevant ministries, branches and agencies to evaluate the support rates prescribed in this Decree, and report to the Government for decision on adjustments if necessary.

At the same time, guide the reception of contributions, aid and sponsorship from domestic and foreign organizations, enterprises, individuals and other legal sources of the Fund; Give opinions on the annual operation plan; periodic reports, settlement reports of the Fund; Evaluate the performance results and efficiency of the Fund; Evaluate the level of task completion in management and operation of the manager; Provide detailed guidance on the documents and implementation of procedures specified in Chapter IV of this Decree./.

Tung Linh

Ministry of Planning and Investment

Source: https://www.mpi.gov.vn/portal/Pages/2025-1-2/Nghi-dinh-ve-thanh-lap-quan-ly-va-su-dung-Quy-Ho-tb3t66y.aspx