Decree 182/2024/ND-CP regulating the establishment, management and use of the Investment Support Fund

DECREE

Regulating the establishment, management and use of the Investment Support Fund

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Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Organization of Local Administration dated June 19, 2015;

Pursuant to the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law on Enterprises dated June 17, 2020;

Pursuant to the Law on Enterprise Income Tax dated June 03, 2008; the Law Amending and Supplementing a Number of Articles of the Law on Enterprise Income Tax dated June 19, 2013, and the Law Amending and Supplementing a Number of Articles of the Laws on Taxation dated November 26, 2014;

Pursuant to the Law on Tax Administration dated June 13, 2019;

Pursuant to the Law on High Technology dated November 13, 2008;

Pursuant to the Law on Science and Technology dated June 18, 2013;

Pursuant to the Law on Technology Transfer dated June 19, 2017;

Pursuant to the Law on State Budget dated June 25, 2015;

Pursuant to Resolution No. 110/2023/QH15 of the 6^th Session, 15^th National Assembly;

At the proposal of the Minister of Planning and Investment;

The Government promulgates the Decree regulating the establishment, management, and use of the Investment Support Fund.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree regulates the establishment, management, and use of the Investment Support Fund (hereinafter referred to as the Fund).

2. This Decree applies to the Fund, enterprises established and operating under Vietnamese law that meet the criteria and conditions in this Decree, and agencies, organizations, and individuals involved in the establishment, management, and use of the Fund.

Article 2. Interpretation of terms

In this Decree, the following terms are understood as follows:

1. Original dossier means a set of documents for carrying out procedures for supporting expenses as prescribed in Clause 2 of this Article, including documents that are originals, certified copies, or valid copies, except for foreign language documents and accompanying Vietnamese translations.

2. Valid dossier means a dossier that contains all the required documents as prescribed in this Decree, and the content of such documents is fully and consistently declared among the components of the dossier in accordance with the law.

3. Dossier for carrying out procedures for supporting expenses means a dossier prepared by an enterprise to carry out procedures for requesting support for expenses as prescribed in this Decree.

4. Expense support means a measure of financial support from the State to enterprises for the categories of actual expenses incurred as prescribed in this Decree.

5. Added value of high-tech products means the value determined by the cost of goods sold of all high-tech products (excluding royalties and technology transfer fees payable to foreign parties) minus the value of imported input materials from abroad (excluding the value of input materials produced and supplied by export processing enterprises or other organizations and enterprises subject to regulations on non-tariff zones according to the law on import and export taxes) in the fiscal year determined according to accounting books and audited financial statements.

6. Ratio of added value of high-tech products means the ratio determined by the added value of high-tech products as prescribed in Clause 5 of this Article divided by the cost of goods sold of all high-tech products.

7. Documents of equivalent legal validity means documents and decisions of competent state authorities to decide on investment policies or to permit or approve investment projects in accordance with the law on investment, land, construction, housing, urban areas, bidding, and enterprises effective at the time of issuance of these documents and decisions.

8. Fiscal year means the annual accounting period determined in accordance with the law on accounting and tax law.

9. The fiscal year of the Fund begins on January 01 and ends on December 31 of the calendar year.

10. Dossier-receiving agency means a competent state authority that receives dossiers for carrying out procedures for supporting expenses and assesses enterprises' requests for expense support.

Article 3. Principles for applying support policies

1. Enterprises that meet the conditions for a category of expense support as prescribed in Clause 1 of Article 16 of this Decree shall be entitled to support for that expense category. In case where an enterprise simultaneously meets the conditions for multiple categories of expense support, it shall be entitled to support for all eligible expense categories.

2. Expense support shall be made in Vietnamese Dong, according to the following methods:

a) Support based on annual expense support categories as prescribed in Section 1 of Chapter III of this Decree, according to the fiscal year for which support is requested. Enterprises shall be entitled to a support level corresponding to the level of meeting the conditions for receiving support;

b) Support for initial investment expenses as prescribed in Section 2 of Chapter III of this Decree.

3. Enterprises shall self-declare and be responsible before the law for the legality, accuracy, and truthfulness of the data, information, and content in the dossier for carrying out procedures for supporting expenses.

4. The level of expense support in Chapter III of this Decree shall be implemented according to the proposal of enterprises that meet the support conditions, according to the approval decision, and according to the principles prescribed in Article 27 of this Decree.

5. Each enterprise or project shall be supported for a maximum of 5 years, except in case where the application period is extended by a decision of the Prime Minister.

6. In case where an enterprise is simultaneously eligible for support from this Fund and from another fund or another form of support from the Government for the same category of expense support, the enterprise may choose only one type of support to apply. This principle is that support for a specific expense category can only be applied from one Fund or one form of support, unless otherwise provided by the Government or decided otherwise by the Prime Minister.

7. In case where an enterprise is simultaneously eligible for support as prescribed in Section 1 and Section 2 of Chapter III of this Decree, the enterprise shall only be entitled to receive support under the provisions of one of those sections.

8. The support prescribed in Chapter III of this Decree applies to enterprises with investment projects that have been approved for investment policies or granted Investment Registration Certificates or documents of equivalent legal validity in accordance with the law on investment issued before and from the effective date of this Decree.

9. Support for the expense categories prescribed in Section 1 of Chapter III of this Decree shall be applied from the fiscal year in which a high-tech enterprise has revenue or a project of an enterprise prescribed in Clause 2 of Article 16 of this Decree has revenue and also incurs expenses that are eligible for support. For the first year of being granted a Certificate of High-Tech Enterprise, a Certificate of High-Tech Application Operation, a Certificate of Enterprise Newly Established from a High-Tech Product Manufacturing Project, a Certificate of Investment Project for High-Tech Product Manufacturing, or a Certificate of Investment Project for a Research and Development Center, the supported expenses shall be the expenses incurred in that entire fiscal year.

Enterprises shall submit the dossier for carrying out procedures for supporting expenses after the end of the fiscal year for which support is requested as prescribed in Chapter IV of this Decree.

10. Support funds received from the Fund shall not be subject to enterprise income tax and shall not be included in the enterprise's taxable income for such tax purposes.

Article 4. Reimbursement of supported expenses

1. Enterprises that have received expense support shall reimburse the supported expense in the following cases:

a) Failure to meet the criteria, conditions, and commitments prescribed in Article 18 of this Decree;

b) Failure to meet the conditions prescribed in Clause 3 of Article 21 of this Decree;

c) The expense category has already been supported by other funds or other forms of support from the Government;

d) Falsification of dossiers, use of illegal documents, inaccurate declaration of information resulting in the determination of support funds exceeding the actual eligible amount;

dd) The enterprise or investor with a project eligible for initial investment expense support fails to meet the criteria, conditions, and categories for initial investment expense support prescribed in Section 2 of Chapter III of this Decree, and other commitments of the investor when registering the investment project and requesting initial investment expense support (if any).

2. The method of reimbursing the supported expenses in the cases prescribed in Clause 1 of this Article shall be as follows:

a) In the cases prescribed at Points a, b, c, and dd of Clause 1 of this Article, the enterprise shall reimburse the entire amount of expense support received, plus interest calculated on the amount of expense support received. The interest rate shall be the average 12-month term deposit interest rate published at the time of reimbursement by 03 state-owned joint-stock commercial banks, namely the Joint Stock Commercial Bank for Foreign Trade of Vietnam (Vietcombank), the Vietnam Joint Stock Commercial Bank for Industry and Trade (VietinBank), and the Joint Stock Commercial Bank for Investment and Development of Vietnam (BIDV); In addition, the enterprise shall also be subject to a penalty equal to 10% of the amount of expense support received.

b) In the case prescribed at Point d of Clause 1 of this Article, the enterprise shall reimburse the excess expense support amount, plus interest calculated on the excess expense support amount to be reimbursed at an interest rate of 0.03%/day; In addition, the enterprises shall also be subject to a penalty equal to 10% of the excess expense support amount to be reimbursed.

3. The 10% penalty prescribed at Points a and b of Clause 2 of this Article shall not apply in the following cases:

a) The enterprise has fully reimbursed the received expense support amount or fully reimbursed the excess expense support amount before the competent authority announces the decision to check or inspect the enterprise;

b) The enterprise has fully reimbursed the amount of expense support or fully reimbursed the excess expense support amount before the competent authority's discovery other than through a check or inspection at the enterprise;

c) The enterprise has complied with the guiding documents and handling decisions of the competent authority related to the content of determining the criteria, conditions, expenses, and support levels.

4. The number of days for interest calculation as prescribed in this Article shall be counted from the date the enterprise receives the expense support amount to the date the enterprises reimburse the expense support amount, the excess expense support amount, interest, and penalty (if any) to the state budget.

5. The deadline for the reimbursement of expense support amount, the excess expense support amount, interest, and penalty (if any) shall be based on the decision of the authority issuing the support decision. In case where the enterprise fails to reimburse to the state budget within the time limit prescribed in the decision of the authority issuing the support decision, the authority issuing the support decision has the right to request the competent authority to apply the law on tax administration to compel the enterprise to reimburse the expense support amount.

6. The statute of limitations for requesting reimbursement and penalties shall be 05 years from the date the enterprise receives the expense support amount.

7. In case of reimbursement arising from the enterprise's self-discovery before the competent state authority announces the decision to inspect or check the enterprise or before the competent authority's discovery other than through check or inspection at the enterprise, the enterprise shall submit an adjustment dossier to the dossier-receiving authority and simultaneously reimburse and interest to the state budget. Detailed procedures shall be implemented according to the Fund's regulations.

8. Enterprises shall be responsible for fully reimburse the expense support amount, the excess expense support amount, interest, and penalty (if any) to the state budget as prescribed.

9. The currency of reimbursement shall be Vietnamese Dong (VND).

Article 5. Language used in dossiers for expense support procedures

1. Dossiers for expense support procedures, documents, and reports sent to competent state authorities shall be made in Vietnamese.

2. In case where a dossier for expense support procedures contains documents in a foreign language, the investor must provide a Vietnamese translation accompanying the foreign language documents.

3. In case where documents in a dossier for expense support procedures are made in both Vietnamese and a foreign language, the Vietnamese version shall be used for carrying out the support request.

4. Enterprises shall be responsible in case of discrepancies between the content of the translation or copy and the original, and in case of discrepancies between the Vietnamese version and the foreign language version.

Article 6. Receipt of dossiers for expense support procedures and the process of procedures related to expense support

1. The receipt of dossiers for expense support procedures and the process of procedures related to expense support activities shall be carried out as follows:

a) Enterprises shall be responsible before the law for the legality, accuracy, and truthfulness of the content of dossiers for carrying out expense support procedures;

b) The authority receiving dossiers for expense support procedures shall be responsible for checking the validity of the dossiers and may not request enterprises to submit additional documents not directly related to the determination of conditions, criteria, and supported expenses;

c) In case where there is a request to amend or supplement the dossier, the dossier-receiving authority shall notify the enterprise once in writing of the entire content to be amended or supplemented. The notice must clearly state the basis, content, and deadline for amending or supplementing the dossier. Enterprises shall be responsible for amending or supplementing the dossier within the time limit prescribed in Clause 2 of Article 30 of this Decree;

d) When requesting enterprises to explain the content in the dossier as prescribed in Clause 5 of Article 30 of this Decree, the dossier-receiving authority shall notify the enterprise in writing and specify the deadline for explanation. In case where the enterprise fails to provide an explanation within the time limit prescribed in Clause 5 of Article 30 of this Decree, the dossier-receiving authority shall consider notifying the enterprise in writing of the termination of dossier processing.

2. The consultation between state authorities during the processing of dossiers for expense support procedures shall be carried out as follows:

a) The authority requesting consultation must determine the content of the consultation request in accordance with the functions and tasks of the consulted authority and the deadline for response as prescribed in this Decree;

b) Within the time limit prescribed at Point a of this Clause, the consulted agency shall be responsible for responding and shall be responsible for the content of the opinion within the functions and tasks of that authority; if the time limit expires without a response, it shall be considered to have agreed with the content within the scope of management of that authority.

3. Competent authorities and persons shall be only responsible for the content assigned for approval, or processing other procedures related to expense support activities as prescribed in this Decree based on the dossier submitted by the enterprise; they shall be not responsible for the content that has been approved, appraised, or processed by other competent authorities or persons before.

Article 7. Handling of falsified dossiers and illegal documents

1. When determined by competent authorities, organizations, or persons as prescribed by law to have falsified content in the dossiers for expense support procedures or to have used illegal documents to determine supported expenses, the authority issuing the support decision shall carry out the following procedures:

a) Notifying the enterprise in writing of the violation;

b) Cancelling or reporting to the competent agency or person to consider cancelling the decision on expense support and other related documents (hereinafter referred to as documents) that have been issued or cancelling the content of documents issued on the basis of falsified information and illegal documents;

c) Restoring the documents issued on the basis of the most recent valid dossier, recalculate the expense support amount on the basis of valid dossiers and documents, requesting the enterprise to reimburse the received expense support amount in connection with the falsified dossier and illegal documents, including interest and penalties as prescribed in Article 4 of this Decree, and simultaneously handle or report to the competent authority or person for handling in accordance with the law.

2. Enterprises shall be responsible in accordance with the law and bear all losses arising from the act of falsifying the content of dossiers, documents, and using illegal documents.

Chapter II

INVESTMENT SUPPORT FUND

Article 8. Legal status and legal entity status

1. The Investment Support Fund is a national fund established by the Government, assigned to the Ministry of Planning and Investment for management; operating on a non-profit basis, not for the purpose of preservation of the Fund's financial resources.

2. The Fund is under the Ministry of Planning and Investment, operating in a model similar to a public non-business unit, in accordance with the specific regulations on organization and operational mechanism prescribed in this Decree.

3. The Fund has legal entity status, its own seal, and may open a budget estimate account at the State Treasury to receive funding from the state budget and open accounts at the State Treasury and commercial banks for non-state budget sources.

Article 9. Functions, tasks, and power of the Fund

1. Functions of the Fund

The Fund has the function of managing and coordinating the Fund's financial resources to provide support to the subjects prescribed in this Decree.

2. Tasks of the Fund

a) To receive, manage, and use state budget allocations and other legal sources, as prescribed in this Decree and regulations related to the Fund's operations;

b) To provide support to enterprises according to the subjects, conditions, content, and support levels prescribed in this Decree;

c) To implement the regime of reporting, financial management, accounting, auditing, and regulations related to the Fund's operations as prescribed in this Decree and related legal regulations.

3. Power of the Fund

a) To organize activities in accordance with the Fund's objectives and scope of operation;

b) To hire organizations, experts, scientists, and other individuals to assist in the performance of the Fund's tasks;

c) The Fund's non-state budget financial resources may be deposited at commercial banks or the State Treasury.

4. The Fund shall be exempt from enterprise income tax on the Fund's revenues.

Article 10. Organizational structure of the Fund

The organizational structure of the Fund consists of:

1. The Fund Management Council.

2. The Fund Executive Office.

Article 11. Organization and powers of the Fund Management Council

1. The Fund Management Council shall be established by decision of the Prime Minister with a term of 05 years and shall be eligible for reappointment.

2. The Fund Management Council consists of the Chairperson, Vice Chairperson, and members. The composition and organization of the Fund Management Council shall comply with the Prime Minister's Decision.

3. The Fund Management Council shall have the tasks and powers according to the Prime Minister's Decision, including the following tasks and powers:

a) To decide on the Fund's 5-year and annual strategies and operational plans;

b) To issue the Fund's operational regulations in accordance with this Decree;

c) To approve the Fund's annual financial plan;

d) To report to the Government for approval of the total expense support amount for enterprises based on socio-economic development orientations, investment attraction in each period, and the annual state budget balancing capacity; based on that, to assign expense support plans to each locality for implementation, and concurrently send them to the State Treasury where transactions are made for expenditure control;

dd) To approve the Fund's periodic reports and annual final accounts;

e) To supervise and inspect the activities of the Fund Executive Office in complying with the law and implementing the resolutions and decisions of the Council;

g) To issue Decisions on investment support for enterprises that have not yet commenced operations and enterprises eligible for initial investment expense support as prescribed in Section 2, Chapter III of this Decree.

h) Other tasks and powers as decided by the Prime Minister.

4. A meeting of the Fund Management Council shall be considered valid when at least 50% of its members attend (including authorized persons), chaired by the Chairman or an authorized Vice Chairman. Council members may not be absent for more than 02 consecutive meetings. The meetings of the Council shall be recorded in minutes, signed by the person chairing the meeting, and sealed. The minutes of the Council meeting serve as the basis for issuing resolutions, decisions, and other documents of the Council.

5. The Fund Management Council may invite representatives of related agencies and organizations to attend the Council meeting when necessary. Representatives of these agencies and organizations shall have the right to speak but not to vote.

6. The Fund Management Council shall work on the collective basis under the direction of the Chairman of the Council. The conclusions shall be agreed upon by majority vote, except for the cases prescribed in Clause 7 of this Article. In case of a tie vote, with 50% of the Council members (including members present at the meeting and members voting by written document sent to the Council), the decision shall be made according to the vote of the Chairman or the authorized person chairing the meeting.

7. The conclusion to approve the report submitted to the Prime Minister and the Government on the total expense support amount for enterprises and the support limit for localities must be approved by at least two-thirds of the members of the Fund Management Council. The opinions of the Council members shall be expressed by voting at the meeting or by written document sent to the Council.

In case the report submitted to the Government on the total expense support for enterprises and the support limit for localities is not approved by at least two-thirds of the members of the Fund Management Council in 02 consecutive meetings but is approved by at least 50% of the members of the Fund Management Council, the Chairman of the Fund Management Council shall report to the Prime Minister for consideration and decision on the approval of the report submitted to the Government.

In case where the report submitted to the Government on the total expense support amount for enterprises and the support limit for localities is approved by less than 50% of the members of the Fund Management Council in 02 consecutive meetings, the Chairman of the Fund Management Council shall instruct the Fund Executive Office to notify the enterprise of the return of the support request dossier or report to the Prime Minister for consideration and decision.

Article 12. Responsibilities and powers of the Chairman of the Fund Management Council

1. On behalf of the Fund Management Council, to approve the quarterly and annual operational plans of the Fund Management Council.

2. On behalf of the Fund Management Council, to sign documents under the authority of the Council.

3. To decide to convene meetings of the Fund Management Council and chair the meetings.

4. To authorize a Vice Chairman of the Council to convene and chair Council meetings.

5. To direct the Fund Executive Office to perform other tasks to meet the requirements of managing the Fund.

6. To organize the implementation of the Council's tasks.

7. To direct the Fund Executive Office to perform the tasks of the Fund.

8. To organize supervision, directly supervise and assess the results of implementing strategic objectives, operational plans, performance results of the Fund, the Fund Executive Office, and the management performance results of the Fund Director.

9. Other responsibilities and powers as decided by the Prime Minister.

Article 13. Responsibilities and powers of members of the Fund Management Council

1. To perform tasks as assigned or authorized by the Chairman of the Council and be responsible to the Chairman of the Council and before the law for the assigned tasks.

2. To mobilize manpower, working facilities, and research facilities under the management authority of the Council member to fulfill the assigned tasks.

3. To fully attend the meetings of the Council, provide opinions on the contents considered, assessed, and vote on the conclusions of the Council. In special case where a member is unable to attend the meeting, the Council member must authorize a competent representative to attend the meeting of the Council and must provide written opinions on the consulted content.

4. To be responsible for their opinions, assessments and votes.

5. Other responsibilities and powers as decided by the Prime Minister.

Article 14. Organization and powers of the Fund Executive Office

1. The Fund Executive Office shall be the standing body of the Fund Management Council, established by decision of the Minister of Planning and Investment, with the following tasks and powers:

a) To perform the tasks of the standing body of the Fund as prescribed in this Decree;

b) To compile reports proposing investment support from localities and reports assessing enterprise's dossiers for expense support procedures as prescribed at Point b, Clause 2, Article 29 of this Decree to report to the Fund Management Council;

c) To organize the implementation of the Council's resolutions and decisions;

d) To lead the assessment of dossiers requesting expense support from enterprises that have not yet commenced operations and enterprises eligible for initial investment expense support as prescribed in Section 2, Chapter III of this Decree.

dd) To perform other tasks assigned by the Chairman of the Council.

e) To prepare dossiers requesting payment according to regulations and send them to the State Treasury.

2. The Fund Executive Office consists of:

a) The Fund Director;

b) The Deputy Directors of the Fund;

c) The Chief Accountant and a number of members who are officials, civil servants, and public employees of the Ministry of Planning and Investment working on a part-time basis, appointed by the Minister of Planning and Investment.

3. The Fund Director shall be the legal representative of the Fund, the Fund's account holder, with the responsibility to organize and administer the operations of the Executive Office; assign tasks to the Deputy Directors, the Chief Accountant, and members of the Executive Office in performing the tasks and powers of the Executive Office; sign reports, final accounts, financial disclosures of the Fund, and documents under the authority of the Executive Office.

4. The Deputy Director of the Fund shall assist the Fund Director and performs tasks as assigned or authorized by the Fund Director.

5. The Fund's Chief Accountant performs tasks as assigned by the Fund Director, shall be responsible for accounting, financial reporting, and final accounts of the Fund in accordance with the law and this Decree.

6. Members of the Executive Office perform tasks as assigned by the Fund Director.

Chapter III

INVESTMENT SUPPORT POLICIES

Section 1

EXPENSE SUPPORT

Article 15. Method of expense support

The Fund shall directly disburse funds to support expense categories as prescribed in Clause 1 of Article 16 of this Decree.

Article 16. Expense support categories and eligible beneficiaries

1. Expense support categories of the Fund shall include:

a) Training and human resource development expenses;

b) Research and development expenses;

c) Expenses for fixed asset formation investment;

d) Expenses for high-tech product production;

dd) Expenses for investment in social infrastructure projects;

e) Other cases as decided by the Government.

2. Eligible beneficiaries of expense support shall include:

a) High-tech enterprises;

b) Enterprises with investment projects for high-tech product production;

c) Enterprises with projects applying high technology;

d) Enterprises with investment projects for research and development centers.

Article 17. Investment project for high-tech product production

1. Criteria for determining investment projects for high-tech product production shall be implemented according to the guidance of the Minister of Science and Technology.

2. Procedures for certification of investment projects for high-tech product production:

a) The dossier shall include:

An application for a Certificate of investment project for high-tech product production, following the guidance of the Minister of Science and Technology;

A copy of the Business Registration Certificate or Investment Registration Certificate;

An explanatory statement of the enterprise's project meeting the criteria prescribed in Clause 1 of this Article, following the guidance of the Minister of Science and Technology.

The application dossier shall be made in Vietnamese and prepared in 02 sets to be submitted directly or sent by post to the Ministry of Science and Technology.

b) Procedures for granting a Certificate of investment project for high-tech product production:

Within 05 working days from the date of receiving the dossier, the Ministry of Science and Technology shall be responsible for examining the completeness and validity of the dossier;

In case where the dossier is incomplete or invalid, within 05 working days, the Ministry of Science and Technology shall issue an official letter requesting supplementation and completion of the dossier, sent directly or by post to the enterprise. Within 10 working days from the date of receiving the official letter requesting supplementation and completion of the dossier, the enterprise shall be responsible for supplementing and amending the dossier and sending it back to the Ministry of Science and Technology. If, after the aforementioned time limit, the enterprise fails to supplement or complete the dossier or the supplementation or completion does not meet the requirements, the Ministry of Science and Technology shall issue a written refusal to grant the Certificate to the enterprise;

Within 30 working days from the date of receiving the complete and valid dossier, the Minister of Science and Technology shall decide to establish a Dossier Appraisal Council and organize the appraisal of the dossier. The funding for dossier appraisal shall be taken from the science and technology budget managed by the Ministry of Science and Technology. The composition and operation of the Appraisal Council shall follow the guidance of the Minister of Science and Technology.

Within 15 working days from the date of the appraisal conclusion minutes, the Minister of Science and Technology shall issue the Certificate and send it to the enterprise. In case of refusal to issue the Certificate, the reasons must be notified in writing to the enterprise.

The form of the Certificate of investment project for high-tech product production shall follow the guidance of the Minister of Science and Technology

c) Revocation of the Certificate in the following cases:

The project is inactive within 12 months from the date of issuance of the Certificate;

Falsification of the application dossier for the Certificate;

Violation of one of the prohibited acts prescribed in Article 8 of the Law on High Technology;

During the operation process, the project fails to meet the provisions of this Decree;

According to decisions or requests of competent authorities when the enterprise commits acts of law violation during the operation process.

3. The Minister of Science and Technology has the authority to grant and revoke the Certificate of investment project for high-tech product production.

4. The Certificate of investment project for high-tech product production shall be valid from the date of issuance and remains valid until the end of the investment project for high-tech product production.

Article 18. Criteria and conditions for expense support

1. Enterprises eligible for expense support as prescribed at Points a, b, and c, Clause 2 of Article 16 of this Decree must meet one of the following conditions:

a) High-tech enterprises with investment projects having a minimum capital of VND 12,000 billion or achieving a minimum project revenue of VND 20,000 billion per year;

b) Enterprises with investment projects for high-tech product production or enterprises with projects applying high technology having a minimum project capital of VND 12,000 billion or achieving a minimum project revenue of VND 20,000 billion per year;

c) High-tech enterprises, enterprises with investment projects for high-tech product production, or enterprises with projects applying high technology investing in the fields of semiconductor chip and integrated circuit industry, artificial intelligence data centers having a minimum project capital of VND 6,000 billion or achieving a minimum project revenue of VND 10,000 billion per year;

d) High-tech enterprises, enterprises with investment projects for high-tech product production, or enterprises with projects applying high technology where the high technology or high-tech products are on the List of breakthrough high technologies and high-tech products prioritized for research and development promulgated by the Prime Minister shall not be required to meet the criteria on capital size or revenue prescribed in this Decree;

dd) Enterprises with projects for designing integrated circuits shall be not required to meet the criteria on capital size or revenue as prescribed in this Decree but must commit to employing a minimum of 300 Vietnamese engineers and managers after 5 years of operation in Vietnam and annually supporting the training of at least 30 high-quality engineers in the field of integrated circuit design.

2. Enterprises eligible for support based on the investment capital size conditions prescribed at Points a, b, and c of Clause 1 of this Article must meet or commit to meeting the following investment capital disbursement conditions:

a) For investment projects granted Investment Registration Certificates, Investment Policy Approval Decisions, or Investor Approval Decisions from the effective date of this Decree, they must complete the disbursement of at least VND 12,000 billion within 05 years or VND 10,000 billion within 03 years from the date of being granted for the first time the Investment Registration Certificate or Investment Policy Approval Decision, Investor Approval Decision.

In case of investment in the fields of semiconductor chip and integrated circuit industry, artificial intelligence data centers, they must complete the disbursement of at least VND 6,000 billion within 05 years or VND 4,000 billion within 03 years from the date of being granted for the first time the Investment Policy Approval Decision, Investor Approval Decision, or Investment Registration Certificate.

b) For investment projects that have registered investment capital below the minimum threshold of VND 12,000 billion before the effective date of this Decree and adjust to increase investment capital from the effective date of this Decree to reach the minimum threshold of VND 12,000 billion or VND 6,000 billion for the fields of semiconductor chip and integrated circuit industry, artificial intelligence data centers:

In case where the adjusted increase in investment capital is less than VND 10,000 billion, the total investment capital of the entire project must be disbursed to reach at least VND 10,000 billion within 03 years from the date of adjustment of the Investment Policy Approval Decision or Investment Registration Certificate.

In case where the adjusted increase in investment capital is VND 10,000 billion or more, the total investment capital of the entire project must be disbursed to reach at least VND 12,000 billion within 05 years from the date of adjustment of the Investment Policy Approval Decision or Investment Registration Certificate.

For investment projects in the fields of semiconductor chip and integrated circuit industry, artificial intelligence data centers, if the adjusted increase in investment capital is less than VND 4,000 billion, the total investment capital of the entire project must be disbursed to reach at least VND 4,000 billion within 03 years from the date of adjustment of the Investment Policy Approval Decision or Investment Registration Certificate; in case where the adjusted increase in investment capital is VND 4,000 billion or more, the total investment capital of the entire project must be disbursed to reach at least VND 6,000 billion within 05 years from the date of adjustment of the Investment Policy Approval Decision or Investment Registration Certificate.

c) For investment projects that have registered a minimum investment capital of VND 12,000 billion or VND 6,000 billion for the fields of semiconductor chip and integrated circuit industry, artificial intelligence data centers as prescribed in the Investment Certificate,

Investment Registration Certificate, Investment Policy Approval Decision, Investor Approval Decision, or other legally equivalent documents granted for the first time or adjusted before the effective date of this Decree but have not completed disbursement, the time limit for completing disbursement shall comply with the granted documents or complete the disbursement of at least VND 12,000 billion or VND 6,000 billion for the fields of semiconductor chip and integrated circuit industry, artificial intelligence data centers within 05 years from the date of being granted for the first time or adjusting investment capital in the aforementioned documents at the latest adjustment before the effective date of this Decree;

d) For investment projects that have registered a minimum investment capital of VND 12,000 billion or VND 6,000 billion for the fields of semiconductor chip and integrated circuit industry, artificial intelligence data centers as stipulated in the Investment Certificate, Investment Registration Certificate, Investment Policy Approval Decision, or other legally equivalent documents granted for the first time or adjusted before the effective date of this Decree and have completed disbursement before the effective date of this Decree, they shall be supported for the expenses stipulated in Clause 1 of Article 16 of this Decree.

3. Enterprises eligible for support based on the revenue conditions prescribed at Points a, b, and c of Clause 1 of this Article must meet the revenue conditions of high-tech enterprises, revenue of high-tech application projects, revenue of high-tech product production projects in the fiscal year for which support is requested. The revenue of the project receiving support according to this Decree must be accounted for separately.

4. Enterprises prescribed in Clause 2 of Article 16 of this Decree must not have any overdue tax debts or overdue state budget debts at the time of dossier submission.

5. The determination of high-tech enterprises, investment projects for high-tech product production, and high-tech application projects shall comply with the law on high technology and this Decree.

6. The enterprise's research and development center project prescribed at Point d, Clause 2 of Article 16 must meet the following conditions:

a) The enterprise's research and development center shall be established and register its operation as a science and technology organization in accordance with the law on science and technology;

b) Its science and technology operation field shall include research and development activities aimed at creating high technologies on the List of high technologies prioritized for investment and development, high-tech products on the List of high-tech products encouraged for development issued together with the Prime Minister's Decision;

c) It shall have a minimum investment capital of VND 3,000 billion and must complete the disbursement of at least VND 1,000 billion within 03 years from the date of being granted the Investment Policy Approval Decision, Investor Approval Decision, Investment Registration Certificate, or legally equivalent documents.

Article 19. Support for training and human resource development expenses

Enterprises eligible for expense support as prescribed in Clause 2 of Article 16 and meeting the criteria and conditions for expense support as prescribed in Article 18 of this Decree shall be supported for training and human resource development expenses as follows:

1. Support level

a) To support up to 50% of the expenses incurred in the project's fiscal year and actually spent on training and developing human resources who are Vietnamese employees;

b) To ensure compliance with the principles prescribed in Article 27 of this Decree.

2. Eligible training and human resource development expenses shall include:

a) Training expenses, including long-term or short-term training in Vietnam or abroad;

b) Training support expenses;

c) Other training and human resource development expenses;

d) Salary expenses for Vietnamese engineers and managers;

dd) Expenses for implementing training, research, and business incubation programs for Vietnam at universities, innovation centers, and enterprises.

Article 20. Support for research and development expenses

Enterprises eligible for expense support as prescribed in Clause 2 of Article 16 and meeting the criteria and conditions for expense support as prescribed in Article 18 of this Decree shall be supported for research and development expenses as follows:

1. Support level

a) Annual support, calculated according to the rates below, shall be provided for expenses of the project that are incurred during the fiscal year and actually spent on research and development activities;

b) To ensure compliance with the principles prescribed in Article 27 of this Decree.

Annual research and development expense support shall be calculated using a progressive tiered system, applied to each eligible entity based on the support rates provided below:

2. Calculation of research and development expense support shall be carried out as follows:

The total amount of expense support shall be the sum of the support amounts calculated for each tier. The support amount for each tier shall be determined by multiplying (x) the expenses within that tier by the corresponding support rate of that tier.

3. Eligible research and development expenses shall include:

a) Annual recurring expenses for research and development activities;

b) Expenses for training support, provision of equipment and machinery, and funding for state management agencies, science and technology organizations, and educational institutions in Vietnam. These expenses shall not include training expenses already supported under training and human resource development as prescribed in Article 19 of this Decree;

c) Expenses for research and development cooperation or funding for organizations and individuals implementing the enterprise's research and development projects;

d) Royalties, transfer of ownership, right to use industrial property objects for research and development activities; fees for registration for recognition or protection of inventions and utility solutions in Vietnam; Royalties and licenses under high technology transfer contracts applied in high technology application projects and granted a Technology Transfer Registration Certificate by a competent state authority (unless the law on technology transfer prescribes that registration is not required);

dd) Depreciation of infrastructure investment and fixed assets for research and development activities;

e) Expenses for renting capacity of data centers and technology infrastructure provided by enterprises in Vietnam;

g) Other expenses for research and development activities.

Article 21. Support for fixed asset investment expenses

Enterprises eligible for expense support as prescribed in Clause 2 of Article 16 and meeting the criteria and conditions for expense support as prescribed in Article 18 of this Decree shall be supported for fixed asset investment expenses as follows:

1. Enterprises shall be supported for fixed asset investment expenses according to the rate prescribed in Clause 4 of this Article, calculated on the original cost of additional fixed assets that the enterprise has actually invested in during the fiscal year for which support is requested.

2. Support level:

a) The support amount shall be calculated according to the Clause 4 of this Article, but the maximum support amount in a year shall not exceed 0.5% of the total investment capital prescribed in the Investment Policy Approval Decision or Investment Registration Certificate of projects meeting the criteria and conditions for expense support as prescribed in Article 18 of this Decree;

b) To ensure compliance with the principles prescribed in Article 27 of this Decree.

3. The additionally invested fixed assets eligible for support must meet the following conditions:

a) Fixed assets must be committed to being used for the enterprise's high-tech production, application, and business activities for at least 03 consecutive years from the year the fixed assets are put into use;

b) Fixed assets must not be sold, transferred, or assigned to other organizations or enterprises for use within 03 years from the year the fixed assets are put into use.

4. The annual support for fixed asset investment expenses shall be calculated using a progressive tiered system applied to each eligible entity based on the support rates provided below:

5. The calculation of support for fixed asset investment expenses shall be carried out according to the Clause 2 of Article 20 of this Decree.

Article 22. Support for high-tech product production expenses

Enterprises eligible for expense support as prescribed in Clause 2 of Article 16 and meeting the criteria and conditions for expense support as prescribed in Article 18 of this Decree shall be supported for high-tech product production expenses as follows:

1. Enterprises shall be supported for high-tech product production expenses annually, at a rate calculated based on the added value of production as follows:

a) Enterprises prescribed at Points a and c, Clause 2 of Article 16 of this Decree shall be supported with 1% of the added value of high-tech product production in the fiscal year. Enterprises shall be supported up to a maximum of 3% of the added value of high-tech product production in the fiscal year if they meet one of the following conditions:

Achieving a minimum revenue of VND 200,000 billion, a minimum workforce of 10,000 employees, and the rate of added value of high-tech product production reaching at least 30%;

The enterprise operates in the fields of semiconductor chip and integrated circuit industry, or artificial intelligence data centers.

b) Enterprises prescribed at Point b, Clause 2 of Article 16 of this Decree shall be supported with 0.5% of the added value of high-tech product production in the fiscal year. Enterprises shall be supported with 1% of the added value of high-tech product production in the fiscal year if they simultaneously meet all the following conditions:

Achieving a minimum revenue of VND 200,000 billion, a minimum workforce of 10,000 employees, and the rate of added value of high-tech product production reaching at least 30%.

c) Ensuring compliance with the principles prescribed in Article 27 of this Decree.

2. High-tech products applied in this Article shall include products on the List of high-tech products encouraged for development according to the Law on High Technology and related guiding documents.

Article 23. Support for investment expenses in social infrastructure projects

Enterprises eligible for expense support as prescribed in Clause 2 of Article 16 and meeting the criteria and conditions for expense support as prescribed in Article 18 of this Decree shall be supported for investment expenses in social infrastructure projects as follows:

1. Enterprises shall be supported up to a maximum of 25% of the actual expenses incurred in the fiscal year and actually spent on the construction of social infrastructure projects as prescribed in Clause 2 of this Article and ensure compliance with the principles prescribed in Article 27 of this Decree.

2. Social infrastructure projects shall be projects directly serving the employees of enterprises receiving support as prescribed in this Decree, including: social housing for workers to rent, schools, kindergartens, medical facilities, cultural facilities, and sports facilities.

Section 2

INITIAL INVESTMENT EXPENSE SUPPORT

Article 24. Subjects eligible for initial investment expense support

Subjects eligible for initial investment expense support shall be enterprises with investment projects for research and development centers in the fields of semiconductor industry and artificial intelligence.

Article 25. Criteria and conditions for initial investment expense support

1. Enterprises prescribed in Article 24 of this Decree must not have any overdue tax debts or overdue state budget debts at the time of dossier submission and must meet the conditions prescribed at Points a, b, and c of Clause 6 of Article 18 of this Decree.

2. The investment project for the research and development center must have positive impacts on the innovation ecosystem and the development of new technologies and new breakthrough products of the country.

Article 26. Level of initial investment expense support

1. Enterprises prescribed in Article 24 of this Decree shall be entitled to support up to a maximum of 50% of the project's initial investment expenses and must ensure compliance with the principles prescribed in Article 27 of this Decree.

2. The Government shall consider and decide on a support level different from the Clause 1 of this Article.

Chapter IV

DOSSIER, PROCEDURES, AND CONTENT OF ASSESSMENT FOR EXPENSE SUPPORT

Article 27. Principles for reviewing expense support requests

1. The Fund shall provide support for the expenses of enterprises that meet the conditions prescribed in this Decree.

2. The Fund shall provide support to enterprises ensuring that it does not exceed the Fund's financial resources as prescribed in Article 35 of this Decree.

3. Based on the request for expense support proposal reports from the provincial People's Committees and enterprises, and the estimated budget balance of the Fund in the fiscal year, the Fund Management Council shall conduct an assessment and report to the Government for consideration and decision on the total expense support amount for enterprises based on socio-economic development orientations, investment attraction in each period, and the Fund's budget.

4. The provincial People's Committees and the Fund Management Council, according to their authority as prescribed in this Decree, shall consider and decide the support amount for each enterprise within the allocated budget.

Article 28. Dossier for expense support procedures

The dossier for expense support procedures for enterprises eligible for expense support as prescribed in Clause 2 of Article 16 shall include:

1. A written request for expense support.

2. A valid copy of the Investment Policy Approval Decision, Investment Registration Certificate (if any), or documents of equivalent legal validity.

3. A valid copy of one of the following documents: Certificate of High-Tech Enterprise, Certificate of High-Tech Application Operation, Certificate of Enterprise Newly Established from a High-Tech Product Manufacturing Project, Certificate of Investment Project for High-Tech Product Manufacturing, Certificate of Investment Project for a Research and Development Center, or a written confirmation from a competent authority before the effective date of the Law on High Technology regarding the recognition of high-tech enterprise information.

Enterprises with investment projects operating in high-tech activities within a high-tech park shall be not required to submit the documents prescribed in this clause.

4. A report on the project implementation status according to the law on investment during the period for which expense support is requested.

5. A copy of the audited financial statements for the year for which support is requested, audited by an independent auditing firm listed in the list of auditing firms approved to audit public-interest entities in the securities sector announced by the State Securities Commission in the year preceding the year of preparing the financial statements. The report on supported expenses audited by an independent auditing firm, along with a detailed list of the expenses for which support is requested as prescribed in this Decree. Expenses for which support is requested must have lawful invoices and supporting documents and be archived at the enterprise according to the law on accounting.

6. A valid copy of the periodic inspection results of the operations of organizations that have been granted a Certificate of High-Tech Enterprise, Certificate of High-Tech Application Operation, Certificate of Enterprise Newly Established from a High-Tech Product Manufacturing Project, Certificate of Investment Project for High-Tech Product Manufacturing, Certificate of Investment Project for a Research and Development Center, or a Technology Transfer Registration Certificate if the enterprise requests expense support as prescribed at Point d, Clause 3 of Article 30 of this Decree.

In case where the enterprise does not have the periodic inspection results at the time of dossier submission as prescribed in Article 30 of this Decree, the enterprise shall supplement the documents to the dossier-receiving agency no later than January 15 of the calendar year following the year of submitting the dossier for expense support procedures.

For cases where the enterprise has been issued a written confirmation by a competent authority before the effective date of the Law on High Technology regarding the recognition of high-tech enterprise information, it shall be not required to submit the documents prescribed in this clause.

7. A list of employees currently employed by the enterprise, accompanied by the original or a copy of the social insurance agency's confirmation of insurance participation for the employees.

8. The original or a valid copy of the confirmation of tax obligation fulfillment from the tax authority directly managing the enterprise.

9. A written commitment that the support shall be implemented according to the principles prescribed in Articles 3 and 4 of this Decree, waiving the right to international claims (if any) related to expense support activities under this Decree.

10. Other related documents as prescribed by law (if any).

Article 29. Content of assessment for expense support requests

1. The content of the assessment for expense support requests shall include:

a) Assessment of conformity with the criteria and conditions of the subjects eligible for support;

b) Assessment of conformity with the principles of applying support policies;

c) Assessment of criteria for meeting the conditions to determine the level of expense support;

d) Assessment of the consistency between the expenses for which the enterprise requests support and the expense support categories prescribed in this Decree;

dd) Assessment of the implementation status of the commitment to disburse investment capital of the project;

e) Assessment of the situation of labor utilization and compliance with regulations on social insurance contributions for employees; the situation of fulfilling the enterprise's tax obligations;

g) Assessment of the implementation status of other commitments made by the enterprise to be eligible for support as prescribed in this Decree.

2. Dossier-receiving agency and processing of dossiers for expense support procedures:

a) For enterprises with projects currently in production and business operations, they shall submit the dossier for expense support procedures to the Management Board of the Economic Zone, Industrial Park, or High-Tech Park (for projects in Economic Zones, Industrial Parks, or High-Tech Parks) or the provincial Department of Planning and Investment (for projects outside Economic Zones, Industrial Parks, or High-Tech Parks). The dossier-receiving agency shall lead the assessment of the enterprise's expense support request and report to the provincial People's Committee for consideration and decision;

b) For enterprises that have not yet commenced operations and enterprises eligible for initial investment expense support as prescribed in Section 2 of Chapter III of this Decree, they shall submit the dossier for expense support procedures to the Ministry of Planning and Investment. The Fund Executive Office shall be the agency that receives, processes the dossier, and leads the assessment of the enterprise's expense support request.

Article 30. Procedures for assessment for expense support requests

1. Enterprises shall submit 08 sets of dossiers for expense support procedures (including 01 original set) directly at the Single-window section at the dossier-receiving agency or through the postal system before July 10 of the year following the fiscal year for which support is requested.

2. In case where the dossier is invalid or contains content that needs clarification, within 05 working days from the date of receiving the enterprise's expense support request dossier, the dossier-receiving agency shall be responsible for notifying the enterprise, detailing the reasons for requesting amendment, supplementation, or rejection. Within 10 days, the enterprise shall be responsible for amending or supplementing as requested.

3. Within 03 working days from the date of receiving the valid dossier, the dossier-receiving agency shall send the dossier to obtain opinions from units at the same level at the Department or Ministry corresponding to the cases prescribed in Clause 2 of Article 29 regarding the contents prescribed in Clause 1 of Article 29 of this Decree. If necessary, the dossier-receiving agency shall send a written request for opinions to related units at other levels.

4. Within 15 days from the date of receiving the dossier, the consulted agency shall provide its opinion on the content within its state management scope, and send it to the dossier-receiving agency.

5. In case where the consulted agency requests the enterprise to explain the content in the request dossier, the dossier-receiving agency shall summarize the explanation requests and send them to the enterprise within 03 working days from the date of receiving the opinions. Within 30 days from the date of receiving the request from the dossier-receiving agency, the enterprise shall be responsible for explaining, supplementing related documents, and amending the expense support request (if any).

6. Based on receiving all expense support request dossiers from enterprises, feedback from consulted agencies, and the enterprise's explanation document (if any), the dossier-receiving agency shall prepare an assessment report on the expense support requests of enterprises according to the contents prescribed in Clause 1 of Article 29 of this Decree.

7. In case where prescribed at Point a, Clause 2 of Article 29 of this Decree, the provincial People's Committee shall summarize investment support requests from enterprises and report to the Fund Executive Office no later than October 1 annually.

8. The Fund Executive Office shall compile and prepare an assessment report on the expense support requests of enterprises received by the Executive Office and investment support requests from the provincial People's Committee, and report to the Fund Management Council no later than October 15 annually.

9. Within 15 days from the date the Fund Executive Office submits the dossier, the Fund Management Council shall organize the assessment and report to the Government for consideration and decision on the total expense support amount for enterprises according to the principles prescribed in Article 27 of this Decree.

10. The procedure for disbursing expense support shall comply with the Clause 2 of Article 39 of this Decree.

Article 31. Content of investment support decision

The written decision on investment support for enterprises shall include the following contents:

1. Information about the enterprise receiving support.

2. The fiscal year in which the supported expenses occurred.

3. The expense support category and the support amount.

4. The method of expense support disbursement.

5. The content of the commitment to meet the conditions for receiving support as prescribed in this Decree.

Article 32. Selection of consultants to support the assessment of dossiers for expense support procedures

1. In case of selecting a consultant to support the assessment of dossiers for expense support procedures, the Fund Management Council or the provincial People's Committee shall decide on hiring a consultant with sufficient capacity and experience as prescribed by law to perform the consulting work.

2. The procedures for selecting a consultant shall comply with the law on bidding.

Article 33. Dossier, procedures for assessing initial investment expense support requests

1. The dossier requesting initial investment expense support shall include:

a) A written request for expense support;

b) A certified copy of the Investment Policy Approval Decision, Investment Registration Certificate (if any), or documents of equivalent legal validity;

c) The original or a certified copy of the confirmation of tax obligation fulfillment from the tax authority directly managing the enterprise, except for newly established enterprises to implement the project;

d) Documents determining the initial investment expenses;

dd) A written commitment that the support shall be implemented according to the principles prescribed in this Decree;

e) Other related documents as prescribed by law (if any).

2. The procedures for assessing initial investment expense support requests shall comply with the Article 30 of this Decree.

Article 34. Disbursement schedule of initial investment expense support and fulfilment of commitments by supported enterprises

1. Enterprises shall explain and propose a schedule for receiving initial investment expense support amount in the support request dossier in the form of a lump-sum payment or annual payments over several years.

2. Enterprises receiving initial investment support must carry out the operations of the research and development center in accordance with the investment project approved by the competent authority, implement the criteria and conditions prescribed in Article 24 of this Decree, and the contents negotiated and committed with the State of Vietnam.

3. During the implementation of the research and development center investment project, if an enterprise that has received initial investment expense support fails to meet the conditions and commitments in Clause 2 of this Article, it must reimburse the support amount to the State of Vietnam according to the principles prescribed in Article 4 of this Decree.

4. At the end of the fiscal year, the enterprise must report on the implementation of the commitments to receive support. The report shall be sent to the provincial People's Committee where the enterprise is headquartered and to the Fund Executive Office.

Chapter V

FINANCIAL MANAGEMENT AND SUPERVISION

Article 35. Financial resources of the Fund

1. Central budget sources, including:

a) Other development investment expenditure estimates as prescribed at Point c, Clause 1, Article 36 of the Law on State Budget (corresponding to the entire additional enterprise income tax revenue collected under the regulations on combating global tax base erosion);

b) Additional central budget sources according to balancing capacity;

2. Non-state budget sources, including:

a) Contributions, aids, and sponsorships from domestic and foreign organizations, enterprises, and individuals, and other lawful sources;

b) Interest earned on deposit accounts.

3. Annual residual funds of the Fund.

Article 36. Expenditure tasks of the Fund

1. Expense support to enterprises as prescribed in this Decree.

2. Expenditure on the Fund's management operations, including:

a) Allowance regime as prescribed for part-time employees;

b) Conferences;

c) Business trips;

d) Office supplies, document printing;

dd) Hiring of organizations, experts, scientists, and other individuals;

e) Purchase and outsourcing of goods and services;

g) Transportation;

h) Hiring of assessment consultants;

i) Other expenses.

The funding for the Fund's management operations shall be arranged in the recurrent expenditure estimates of the Ministry of Planning and Investment.

Article 37. Financial planning of the Fund

1. Annually, at the time of state budget estimate preparation according to the Law on State Budget, based on the situation and results of task performance in the previous year and the projected task requirements for the planned year, the Fund Director shall prepare the Fund's financial plan to submit to the Fund Management Council for consideration and approval, including the following contents:

a) Assessment of the results and situation of the Fund's revenue and expenditure in the current year, including: the status of receiving state budget allocations; interest earned on the Fund's deposits; mobilization of other lawful revenue sources; the status of the Fund's expense support and the projected Fund balance until the end of the current year, including the remaining balance of the allocated budget from state budget sources and the balance of deposits in accounts opened at commercial banks;

b) Projected revenue of the Fund from non-state budget sources as prescribed in Clause 2 of Article 35 of this Decree;

c) Projected additional enterprise income tax revenue collected under the regulations on combating global tax base erosion;

d) Projected expenditure of the Fund in the estimated year, including expense support for enterprises and expenses for ensuring the Fund's operations.

2. Based on the approval of the Fund Management Council, the Fund Director shall send the Fund's financial plan to the budget planning unit of the Ministry of Planning and Investment to prepare the budget estimate according to the Law on State Budget, and consolidate it into the annual state budget estimate of the Ministry of Planning and Investment. The Ministry of Planning and Investment shall send it to the Ministry of Finance for general consolidation into the central budget expenditure estimate and submission to competent authorities for consideration and decision according to the law on state budget.

3. The Prime Minister shall assign other development investment expenditure estimates and annual recurrent expenditure estimates of the Fund in the annual state budget estimate of the Ministry of Planning and Investment.

4. Based on the budget estimate assigned by the Prime Minister, the Minister of Planning and Investment shall allocate and assign the budget estimate to the Fund for implementation, detailing the expense support estimate for enterprises and the budget estimate for the Fund's management operations.

Article 38. Preparation and assignment of the Fund's annual state budget estimate

1. For the state budget expenditure estimate of the Fund in 2025 and 2026, based on expenditure needs and budget balancing capacity, the Government shall report to competent authorities to allocate the state budget in 2025 and 2026 to the Ministry of Planning and Investment to assign to the Fund.

2. For the state budget expenditure estimate from 2027 onwards, it shall be developed based on the following bases:

a) The actual state budget revenue in 2025 and subsequent years from the source of additional enterprise income tax revenue collected under the regulations on combating global tax base erosion. The Ministry of Finance shall determine the state budget revenue estimate prescribed at this point;

b) Projected non-state budget sources (if any);

c) Projected expenditure of the Fund in the estimated year.

3. In case where the Fund does not have sufficient financial resources to ensure support for enterprises as prescribed in this Decree in the budget year, the Ministry of Planning and Investment shall consolidate and send to the Ministry of Finance to report to the Prime Minister, and the Government shall submit to competent authorities to supplement the annual estimate or decide to supplement the budget according to the principles prescribed in Article 39 of this Decree.

Article 39. Principles of state budget allocation management and Process for implementing support disbursement

1. Principles of state budget allocation management

a) Expense support for enterprises shall be within the assigned budget estimate limit;

b) In case where the Fund's financial resources in the year are not sufficient to support eligible projects that have not yet commenced operations, the use of the state budget in the public investment plan for support shall be considered. The arrangement of medium-term and annual public investment plans for the Fund shall comply with the Law on Public Investment.

Based on the support needs of eligible projects according to this Decree, the Ministry of Planning and Investment shall consolidate and submit to competent authorities for consideration and decision on supplementing the medium-term and annual public investment plan with state budget funds for implementation.

2. Process for implementing support disbursement to enterprises

a) Based on the document approving the total expense support amount of the Government, the Fund Executive Office shall send a notice of the support limit to the provincial People's Committees that have proposed expense support for enterprises at Point a, Clause 2, Article 29 of this Decree and concurrently send the notice of the support limit to the State Treasury;

b) Based on the approved support limit notice, the provincial People's Committees shall check and compare documents, carry out procedures according to the law on state budget, and issue a written decision on investment support for eligible enterprises, and concurrently send the written decision on investment support to the Investment Support Fund;

c) Based on the support limit for each locality and the written decision on investment support for enterprises, the Investment Support Fund shall prepare a payment dossier and send it to the State Treasury where transactions are made to implement support payment according to regulations;

d) The State Treasury shall disburse the expense support to enterprises within 03 working days from the date of receiving the complete dossier as prescribed;

dd) The dossier sent to the State Treasury for disbursing support to enterprises from the state budget shall include: Notice of the approved annual support limit of the locality (original); Decision on investment support for enterprises; State budget expenditure withdrawal form (Form No. 16a1 issued together with the Government’s Decree No. 11/2020/ND-CP dated January 20, 2020) (2 original copies). For dossiers submitted via the State Treasury's Public Service Information Page, the dossier components must be digitally signed according to the regulations on transaction methods at the State Treasury as prescribed in Decree No. 11/2020/ND-CP;

e) For the cases prescribed at Point b, Clause 2 of Article 29, the Fund Executive Office shall check, compare documents, carry out procedures according to the law on state budget, and submit to the Fund Management Council to issue a written decision on investment support for eligible enterprises; at the same time, prepare a payment dossier and send it to the State Treasury to implement investment support payment to enterprises.

3. Handling of surplus and shortage

a) In case of a shortage of funds during the year, it shall be handled according to the Clause 3, Article 38 of this Decree;

b) At the end of the budget year, any remaining budget allocated to the Fund shall be handled according to the carry-forward provisions of the Law on State Budget and the Law on Public Investment;

c) No later than February 10 of the following year, the budget-using unit shall reconcile the budget estimate balance and advance balance with the State Treasury where transactions are made as a basis for carrying forward the balance to the following year.

Article 40. Management of the Fund's accounts opened at commercial banks

1. The Fund's accounts opened at commercial banks as prescribed in Clause 3, Article 8 of this Decree shall be for receiving the financial amounts prescribed at Point a, Clause 2, Article 35 of this Decree.

2. Every 6 months, the Fund Director shall coordinate with the commercial bank where the account is opened to review and reconcile the revenue from the financial amounts prescribed at Point a, Clause 2, Article 35 of this Decree arising in the account, revenue from deposit interest paid by the bank (if any), and carry out procedures to transfer the entire amount of this revenue to the Fund's deposit account opened at the State Treasury for centralized management.

Article 41. Accounting, auditing, settlement, and financial reporting regime of the Fund

1. The accounting regime shall be implemented as follows:

a) The Fund shall organize the implementation of revenue, expenditure, and accounting work according to the law on accounting, the guidance of the Ministry of Finance, and other related legal regulations;

b) The Fund's operational revenues and expenditures must be strictly managed, ensuring accuracy, truthfulness, and legality; must have complete dossiers and documents as prescribed by law and fully reflected in the accounting books according to the applicable accounting regime and related legal regulations;

c) The Fund must close the accounting books and prepare annual financial statements to send to competent authorities and related units as prescribed. The Fund's annual financial statements must be submitted within 90 days from the end of the fiscal year.

2. The reporting regime shall be implemented as follows:

The Fund shall be responsible for reporting on the implementation of revenue, expenditure, financial settlement, and financial disclosure to the Ministry of Finance to consolidate and report to the Government and the National Assembly in documents on socio-economics and the state budget.

3. The operating expenses of the Fund Management Council, the Fund Executive Office, and allowances for the Chairman, Vice Chairmen, and members of the Fund Management Council and the Fund Executive Office shall be accounted for in the Fund's operating expenses.

4. Settlement

a) The settlement of the Fund's capital shall be carried out according to the law on state budget;

b) The budget estimate and the Fund's account balance not used up in the year (if any) shall be carried forward to the following year for continued use.

Article 42. Check, inspection, auditing, and supervision of operations

1. The Fund shall be subject to check, inspection, and auditing by state agencies according to the law.

2. The Ministry of Planning and Investment shall supervise the Fund's operations on the following contents:

a) Preparation of estimates, management, use, and settlement of support funds;

b) Performance results of the Fund;

c) Other supervision contents as required.

3. The provincial People's Committee where the enterprise with a project receiving support is located shall inspect the enterprises receiving support as prescribed in this Decree from the date of issuing the decision on expense support. The check content shall include:

a) Checking the full compliance with the conditions prescribed in Article 18 of this Decree;

b) Checking the full compliance with the commitments made when receiving support by the enterprise as prescribed in Articles 19, 20, 21, 22, 23, and 25 of this Decree.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 43. Responsibilities of central ministries, sectors, and local authorities

1. The Ministry of Planning and Investment

a) To assume the prime responsibility for, and coordinate in, formulating and allocating expense support estimates in the annual central budget's development investment expenditure estimates; to consolidate the Fund's management expenditure estimates in the recurrent expenditure estimates of the Ministry of Planning and Investment and send them to the Ministry of Finance for consolidation in the annual central budget allocation plan to be submitted to competent authorities for consideration and decision;

b) To assume the prime responsibility for, and coordinate with the Ministry of Finance and related ministries, sectors, and agencies in, assessing the support rates prescribed in this Decree, and report and propose to the Government for decision on adjustments if necessary;

c) To guide the receipt of contributions, aids, and sponsorships from domestic and foreign organizations, enterprises, and individuals, and other lawful sources of the Fund;

d) To provide opinions on the Fund's annual operational plans; periodic reports, and annual final accounts;

dd) To assess the Fund's performance results and operational effectiveness; to assess the level of task fulfilment in management and administration of the managers;

e) To provide detailed guidance on the dossier and implementation of procedures prescribed in Chapter IV of this Decree.

2. The Ministry of Finance

a) The management of finance, accounting, settlement, and financial disclosure of the Fund shall comply with this Decree and current laws. In case of any difficulties, the Ministry of Finance shall assume the prime responsibility for providing additional guidance;

b) To provide information related to the possibility of collecting additional enterprise income tax collected under the regulations on combating global tax base erosion to prepare annual expense support estimates to be allocated to the Fund; to study the possibility of balancing the central budget to supplement resources for the Fund's expense support activities;

c) Based on the proposal of the Ministry of Planning and Investment, the Ministry of Finance shall assume the prime responsibility for balancing and allocating annual central budget expenditure estimates to the Fund for providing expense support to eligible enterprises as prescribed in this Decree; and for the Fund's management operations.

3. The Ministry of Science and Technology

a) To develop and submit to the Prime Minister for promulgation the Decision on the List of breakthrough high technologies and high-tech products prioritized for research and development; the Decision on Research and Development Centers;

b) To provide detailed regulations on the contents assigned in this Decree.

4. The provincial People's Committees

a) To assume the prime responsibility for, and coordinate with related agencies in, assessing and appraising expense support request dossiers of enterprises operating in the province and disbursing support to enterprises, ensuring the right subjects, conditions, content, and support levels as prescribed in this Decree;

b) To assume the prime responsibility for, and coordinate with related agencies in, consolidating, inspecting, and supervising the implementation of investment support commitments by supported enterprises as prescribed in this Decree, promptly handling any violations according to this Decree, and reporting to the Fund Executive Office.

5. Other related ministries, sectors, ministerial-level agencies, and provincial People's Committees shall be responsible for reviewing, assessing, and providing opinions on the dossiers for expense support procedures according to their functions and tasks; inspecting and supervising the implementation of support within the scope of their functions and tasks.

Article 44. Responsibilities of enterprises receiving support from the Fund

1. To use the support from the Fund in accordance with the law.

2. To properly implement commitments after receiving support during the project implementation process.

3. To report on the implementation status of the previous year's commitments in order to receive support no later than January 31 of the following year.

4. To promptly, fully, accurately, and truthfully provide information and documents related to the use of the Fund's support, and to be responsible before the law for the accuracy, legality, and truthfulness of the information and documents provided.

Article 45. Effect

1. This Decree takes effect from the date of its signing and applies from the fiscal year 2024.

2. Ministers, Heads of ministerial-level agencies, Heads of Government agencies, Chairpersons of People's Councils, Chairpersons of People's Committees of provinces and centrally-run cities, and related agencies shall be responsible for the implementation of this Decree.

* All Appendices are not translated herein.