Decree No. 69/2008/ND-CP dated May 30, 2008 of the Government on incentive policies for the socialization of educational, vocational, health-care, cultural, sports and environmental activities

DECREE

ON INCENTIVE POLICIESFOR THE SOCIALIZATION OF EDUCATIONAL, VOCATIONAL, HEALTHCARE, CULTURAL, SPORTS AND ENVIRONMENTALACTIVITIES

THE GOVERNMENT

Pursuant to the December 25, 2001 Law or Organization of the Government;
At the proposal of the Minister of Finance,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1- Scope of regulation and subjects of application

1. Scope of regulation of the Decree

Domains encouraged for socialization include education-training, vocational training; healthcare: culture: physical training and sports; and the environment.

2. Subjects of application of the Decree

a/ Non-state establishments established and meeting conditions on operation in the domains encouraged for socialization under regulations of competent state agencies;

b/ Individuals and organizations operating under the Enterprise Law which have investment projects, joint ventures, partnerships or establishments in the domains encouraged for socialization and meet operation conditions prescribed by competent state agencies;

c/ State non-business establishments contributing capital, raising capital, entering into joint ventures or associations according to law to establish financially independent enterprises or enterprises operating in the domains encouraged for socialization under decisions of competent state agencies.

(Below referred to as establishments in question for short)

3. The Prime Minister shall decide on incentive policies prescribed in this Decree for foreign- invested projects operating in the domains encouraged for socialization at the proposal of the Ministry of Planning and Investment and concerned line ministries.

Article 2.- Conditions for enjoying incentive policies

Establishments in question entitled to the incentive policies for socialization coprescribed in this Decree must be those on the list of entities whose t\pes, sizes and criteria are decided by the Prime Minister.

Article 3.- Non-state establishments

1. A non-state establishment is an establishment established and having its material foundations invested by a social, social-professional or economic organization, an individual, a group of individuals or a community and operating on non-state funds according to law.

2. Anon-state establishment is lawfully set up. has the legal person status, independent accounting and own seal and bank account.

Article 4.- Principles for implementation of incentive policies

1. Establishments in question set up or licensed must conform with planning and satisfy prescribed standards on sizes and qualifications in order to develop education-training, healthcare, sports, physical training and the environment.

2. The State and society respect and equally treat all products and services provided by establishments in question.

3. The State shall allot and lease land readied for construction to establishments in question in line with land use planning and plans; support site clearance and compensation for investment projects in the domains encouraged for socialization that have themselves completed this work from the date this Decree takes effect.

4. The State gives enterprise income tax incentives to establishments in question to encourage their investment in improving their material foundations and service quality.

5. The State supports social policy beneficiaries when they use services provided by establishments in question. The mode of support shall be decided by the Prime Minister.

6. Establishments in question may enter into joint ventures or partnerships with domestic and overseas individuals and organizations to raise capital, attract human resources and technologies and improve service quality in accordance with their functions and tasks.

7 Assets supported, donated, presented as gifts or provided as non-refundable aid to establishments in question during their operation must not be divided among individuals and shall only be used for the common interests of the establishments and community.

8. Establishments in question may supply public services funded or ordered by the State; bid for domestically or foreign-funded contracts and projects in accordance with their prescribed functions and tasks.

9. Professionally accredited non-state healthcare establishments and enterprises may provide medical examination and treatment for health insurance buyers at the latter's free choice.

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