Resolution 198/2025/QH15 on certain special mechanisms and policies for the development of the private sector

RESOLUTION

On certain special mechanisms and policies for the development of the private sector

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THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on Organization of the National Assembly No. 57/2014/QH13, which had a number of articles amended and supplemented under Law No. 65/2020/QH14 and Law No. 62/2025/QH15;

Pursuant to Law on Promulgation of Legal Documents No. 64/2025/QH15;

RESOLVES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Resolution provides for certain special mechanisms and policies for the development of the private sector.

Article 2. Subjects of application

This Resolution shall apply to enterprises, household businesses, business individuals, and other related organizations and individuals.

Article 3. Interpretation of terms

1. Innovation start-up enterprises mean those set up to materialize ideas on the basis of exploitation of intellectual assets, technologies, business models which are novel and capable of growing fast.

2. Household business means a form of business established upon registration by an individual or household member in accordance with law, who will bear liability with all of his/her property for the business operations of such household business.

3. Business individual means an individual engaging in business activities and bearing liability with all of his/her property for such business operations.

Chapter II

IMPROVEMENT OF THE BUSINESS ENVIRONMENT

Article 4. Principles of inspection, examination, licensing, certification, competition, and access to resources for enterprises, household businesses, and business individuals

1. The number of examinations conducted on each enterprise, business household, or business individual (if any) shall not exceed once per year, unless there are clear signs of violation.

2. The number of inspections conducted at enterprises, business households, or business individuals (if any), including interdisciplinary inspections, shall not exceed once per year, unless there are clear signs of violation.

3. With respect to the same state management content, if an examination has been conducted, no inspection shall be conducted, or if an inspection has been conducted, no examination shall be conducted on the same enterprise, business household, or business individual within the same year, unless there are clear signs of violation.

4. Inspection and examination plans and conclusions with respect to enterprises, business households, and business individuals must be disclosed in accordance with legal regulations.

5. Any act of abusing or misusing inspection and examination activities to harass or cause difficulties for enterprises, business households, or business individuals shall be strictly handled.

6. Strong application of digital transformation in inspection and examination activities with respect to enterprises, business households, and business individuals shall be promoted. Priority shall be given to remote inspection and examination based on electronic data; direct inspection and examination shall be reduced.

7. Exemption from on-site inspections shall be granted to enterprises, business households, and business individuals that are in good compliance with legal regulations.

8. Improvement of the legal system, removal of barriers to market access, and assurance of a business environment that is open, transparent, clear, consistent, stable in the long term, easy to comply with, and low in cost.

9. Implementation of a strong shift from pre-inspection to post-inspection, associated with enhancing the effectiveness and efficiency of inspection and supervision. The management of business conditions shall shift from licensing and certification to announcement of business conditions and post-inspection, except for a limited number of sectors in which licensing procedures are mandatory under regulations and international practices.

10. There shall be no discrimination among entities of various economic sectors in the mobilization, allocation, and use of resources such as capital, land, natural resources, assets, technology, human resources, data, and other resource types.

11. Acts that restrict competition, constitute unfair competition, or involve abuse of dominant or monopolistic positions shall be strictly handled in accordance with the law.

12. Acts of harassment, negativity, dissemination of misleading or inaccurate information affecting enterprises, entrepreneurs, business households, or business individuals by media agencies, journalists, organizations, or individuals are strictly prohibited.

Article 5. Principles of handling violations and settling cases in business activities

1. Clear distinction must be made between the responsibilities of legal entities and those of individuals in handling violations; between criminal liability and administrative or civil liability; and between administrative liability and civil liability.

2. With respect to civil and economic violations and cases, priority shall be given to the application of civil, economic, and administrative measures first; enterprises, business households, and business individuals shall be allowed to proactively remedy violations and damages. In cases where the application of law in practice may lead to criminal prosecution or not, criminal liability shall not be applied.

3. For violations subject to criminal liability, priority shall be given to proactive, timely, and comprehensive remedies of economic consequences, which shall serve as important grounds for proceeding-conducting agencies to consider when deciding on initiation of proceedings, investigation, prosecution, trial, and subsequent handling measures.

4. Retroactive application of legal provisions to the detriment of enterprises, business households, or business individuals shall not be permitted.

5. In cases where information, documents, and evidence are not sufficiently clear to conclude that there is a violation of law, a conclusion must be promptly issued in accordance with the provisions of procedural law, and such conclusion must be publicly disclosed.

6. The principle of presumption of innocence shall be ensured during investigation, prosecution, and adjudication of cases.

7. The sealing, inventory, temporary seizure, and freezing of assets related to a case or matter must be carried out in accordance with the competence, order, procedures, and scope prescribed by law, without infringing upon the lawful rights and interests of organizations and individuals; the value of the sealed, inventoried, seized, or frozen assets must correspond to the estimated damages in the case. Necessary measures shall be reasonably applied to ensure the value of assets related to the case, minimizing the impact of investigation on business operations, after obtaining the consensus of proceeding-conducting agencies and provided that such measures do not affect the investigation.

8. Clear distinction must be made between lawfully formed assets and assets or incomes derived from violations of law, as well as other assets related to the case; and between the assets, rights, and obligations of enterprises and those of individual managers of enterprises in handling violations and settling cases.

9. Exhibits and assets must be handled promptly and effectively without affecting the verification and settlement of the case or matter; damages shall be remedied as soon as possible, and assets shall be put into operation and use in order to unlock development resources, avoid losses and waste, ensure the interests of the State, and the lawful rights and interests of organizations and individuals, and be consistent with treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 6. Settlement of enterprise bankruptcy

1. The cases and grounds for the Court to consider and decide on the settlement of bankruptcy under simplified procedures for enterprises shall be expanded.

2. The settlement of bankruptcy under the simplified procedures specified in Clause 1 of this Article must ensure a reduction of at least 30% in time and a simplification of the order and procedures for settlement compared to standard procedures.

Chapter III

SUPPORT FOR ACCESS TO LAND, PREMISES FOR BUSINESS PRODUCTION, AND RENTAL OF HOUSES AND LAND AS PUBLIC PROPERTY

Article 7. Support for access to land and premises for business production

1. Localities may use local budget funds to partially support investment in the construction of infrastructure systems in industrial parks, industrial clusters, and technology incubators. The support items include: support for land recovery, compensation, and resettlement; support for investment in infrastructure works for transport, electricity supply, water supply, drainage, wastewater treatment, and telecommunications.

2. Project owners engaged in the business of infrastructure for industrial parks, industrial clusters, and technology incubators supported for investment pursuant to Clause 1 of this Article must allocate a portion of the land area with invested infrastructure for lease or sublease to high-tech enterprises in the private economic sector, small- and medium-sized enterprises, and innovative start-up enterprises. The provisions of the law on the management and use of public property shall not apply to assets formed from the investment support funds prescribed in Clause 1 of this Article.

3. Based on the actual situation and the local budget balancing capacity, the provincial-level People’s Committee shall prescribe the principles, criteria, and support norms for investment, and determine the land area with invested infrastructure in industrial parks, industrial clusters, and technology incubators to be reserved for lease or sublease to high-tech enterprises in the private economic sector, small- and medium-sized enterprises, and innovative start-up enterprises as provided in Clauses 1 and 2 of this Article.

4. For industrial parks and industrial clusters newly established after the effective date of this Resolution, the provincial-level People’s Committee shall, based on actual circumstances, determine the land area for each industrial park or industrial cluster that has invested in infrastructure systems, ensuring an average of 20 hectares per industrial park or industrial cluster, or 5% of the land area of industrial parks or industrial clusters within the locality, to be allocated for lease or sublease to high-tech enterprises belonging to the private economic sector, small- and medium-sized enterprises, and innovative start-up enterprises.

5. In case newly established industrial parks or industrial cluster as prescribed in Clause 4 of this Article do not receive investment support from the State for the construction of infrastructure systems of such industrial parks or industrial clusters, and after a period of 2 years from the date the industrial park or industrial cluster completes the investment in the construction of its infrastructure system, no high-tech enterprise in the private economic sector, small- or medium-sized enterprise, or innovative start-up enterprise leases or subleases land, the project owner of the industrial park or industrial cluster infrastructure shall may lease or sublease the land to other enterprises.

6. High-tech enterprises in the private economic sector, small- and medium-sized enterprises, and innovative start-up enterprises shall be entitled to a minimum 30% reduction in land sublease rental for the first 5 years from the date of signing the land lease contract with the project owner of the industrial park, industrial cluster or technology incubator infrastructure. Such rental support shall be reimbursed to the project owner by the State in accordance with Government regulations. The provincial-level People’s Committee shall decide on the reduction rate of land sublease rental as provided in this Clause.

Article 8. Support for leasing houses and land as public property

1. The State shall support small- and medium-sized enterprises, supporting industry enterprises, and innovative enterprises in leasing houses and land being public property that are unused or not in use in the locality.

2. The Government shall stipulate the principles and beneficiaries of the support provided in Clause 1 of this Article.

3. The provincial-level People’s Committee shall provide regulations on the list of public property for lease, criteria, level of support, forms of support, order and procedures for leasing each type of property, and shall publicly disclose such information on the local website.

Chapter IV

SUPPORT FOR FINANCE, CREDIT, AND PUBLIC PROCUREMENT

Article 9. Support for finance and credit

1. Enterprises in the private economic sector, business households, and business individuals shall be entitled to a 2% annual interest rate subsidy from the State when borrowing loans for implementation of green projects, circular projects, and application of environmental, social, and governance (ESG) standards framework.

2. The Small and Medium Enterprise Development Fund shall perform the following functions:

a) Provide loans to small- and medium-sized enterprises;

b) Provide loans for start-ups;

c) Provide seed funding for innovative start-up projects and projects on the construction of incubators;

d) Invest in local investment funds and private investment funds to increase the supply of capital for small- and medium-sized enterprises and innovative start-up enterprises;

dd) Receive and manage capital from loans, grants, aid, contributions, and entrusted capital from organizations and individuals to support small- and medium-sized enterprises.

Article 10. Support for taxes, charges, and fees

1. Enterprise income tax shall be exempted for a period of 2 years and reduced by 50% for the subsequent 4 years for income derived from innovative start-up activities of innovative start-up enterprises, innovative start-up investment fund management companies, and intermediary organizations supporting innovative start-ups. The determination of the tax exemption and reduction period shall be conducted in accordance with the law on enterprise income tax.

2. Personal income tax and enterprise income tax shall be exempted for income derived from the transfer of shares, contributed capital, rights to contribute capital, rights to purchase shares, and rights to purchase contributed capital in innovative start-up enterprises.

3. Personal income tax shall be exempted for a period of 2 years and reduced by 50% for the subsequent 4 years for income from salaries and wages received by experts and scientists from innovative start-up enterprises, research and development centers, innovation centers, and intermediary organizations supporting innovative start-ups.

4. Small- and medium-sized enterprises shall be exempted from enterprise income tax for a period of 3 years from the date of first issuance of the enterprise registration certificate.

5. The costs of training and retraining human resources incurred by large enterprises for small- and medium-sized enterprises participating in the supply chain shall be deductible expenses for the purpose of determining taxable income when calculating enterprise income tax.

6. From January 1, 2026, business households and business individuals shall no longer apply the presumption method. Business households and business individuals shall pay tax in accordance with the law on tax administration.

7. The collection and payment of business license fees shall cease from January 1, 2026.

8. Organizations, individuals, and enterprises shall be exempted from charges or fees for documents that must be re-issued or re-granted due to the reorganization or restructuring of the state apparatus in accordance with legal regulations.

Article 11. Incentives in contractor selection

1. Construction and installation bidding packages, procurement of goods, and mixed bidding packages for supply of goods and construction and installation works that are funded by the state budget and have a package value not exceeding VND 20 billion shall be reserved for small- and medium-sized enterprises, with priority given to enterprises owned by youth, women, ethnic minorities, persons with disabilities, and enterprises located in mountainous, border, and island areas.

2. In cases where bidding has been organized but no small- or medium-sized enterprise meets the requirements, re-bidding may be conducted without having to apply the provisions of Clause 1 of this Article.

Chapter V

SUPPORT FOR SCIENCE, TECHNOLOGY, INNOVATION, DIGITAL TRANSFORMATION, AND HUMAN RESOURCE TRAINING

Article 12. Support for research, development, and application of science and technology, innovation, and digital transformation

1. Enterprises may allocate up to 20% of their enterprise income taxable income to establish enterprise funds for science and technology development, innovation, and digital transformation. Enterprises may use these funds to conduct in-house or outsource research and development of science and technology and innovation activities under a product-based contract mechanism. The use of such funds shall comply with the law on enterprise income tax.

2. Enterprises may calculate deductible expenses for determining taxable incomes for expenses for research and development activities which are equal to 200% of actual costs of such activities when calculating enterprise income tax in accordance with the Government's regulations.

3. The State shall allocate funding to provide free digital platforms and shared-use accounting software for small-sized enterprises, micro-enterprises, business households, and business individuals in accordance with the Government’s regulations.

Article 13. Support for enhancing corporate governance capacity and human resource quality

1. The state budget shall be allocated for the implementation of the Program on training and capacity building for 10,000 chief executive officers by 2030.

2. A number of legal consultancy services and training programs in corporate governance, accounting, taxation, and human resources shall be provided free of charge to small-sized enterprises, micro-enterprises, business households, and business individuals.

Chapter VI

SUPPORT FOR THE FORMATION OF MEDIUM- AND LARGE-SIZED ENTERPRISES AND PIONEERING ENTERPRISES

Article 14. Placement of orders, restricted bidding, and contractor appointment for the implementation of national key and important projects

1. The State shall expand the participation of enterprises in the private economic sector in key projects of significant socio-economic development importance and national important projects through forms of direct investment, investment under the public-private partnership (PPP), or other models of cooperation between the State and the private sector in accordance with the law.

2. Competent persons and project owners may select to apply one of the forms of order placement, restricted bidding, contractor appointment, or other appropriate forms as prescribed by law for implementation in strategic sectors, national key significant projects and tasks of scientific research, high-speed railways, urban railways, foundational industries, spearhead industries, energy infrastructure, digital infrastructure, green transport, national defense, security, and urgent or emergency tasks, based on the principles of ensuring publicity, transparency, quality, progress, efficiency, and accountability.

Article 15. Support for the formation and development of medium- and large-sized enterprises and regional and global private conglomerates

The State shall formulate programs and allocate budget funds to provide support for the formation and development of medium- and large-sized enterprises and regional and global private conglomerates through the following programs:

1. The Program for the development of 1,000 exemplary and pioneering enterprises in science and technology, innovation, digital transformation and green transition, high-tech industries, and supporting industries;

2. The "Go Global" Program to support enterprises in accessing international markets through assistance in market development, financing, technology, branding, distribution channels, logistics, insurance, consulting, legal affairs, mergers and acquisitions, connection with multinational corporations, and resolution of business and commercial disputes.

Chapter VII
IMPLEMENTATION PROVISIONS

Article 16. Implementation organization

1. The Government, the Judicial Council of the Supreme People's Court, the Chief Justice of the Supreme People's Court, the Procurator General of the Supreme People’s Procuracy, and the provincial-level local authorities shall, within their respective jurisdictions, prescribe detailed regulations, provide guidance on the application, and organize the implementation of this Resolution to ensure favorable, feasible, and effective conditions for access to and execution of the mechanisms and policies.

2. The Government, ministries, ministerial-level agencies, other agencies at central and local levels shall uphold their responsibility, especially the responsibility of the heads, in leading and directing the implementation, inspection and examination of the implementation of this Resolution, ensuring publicity, transparency, efficiency, and feasibility, and preventing policy profiteering, loss and waste.

3. By December 31, 2026, the review, amendment, supplementation, and perfection of the laws on land, planning, and investment shall be completed; other laws related to business investment shall continue to be reviewed, amended, supplemented and perfected to fully institutionalize the Political Bureau’s Resolution No. 68-NQ/TW dated May 4, 2025, on the development of the private economy.

4. The Government is assigned to:

a) By December 31, 2025, complete the review and elimination of unnecessary business conditions, overlapping regulations, inappropriate provisions, and those that hinder the development of private enterprises; implement a reduction of at least 30% in administrative procedure processing time, at least 30% in legal compliance costs, and at least 30% in business conditions, and continue to strongly reduce them in the following years;

b) Implement clear assignment, decentralization, and delegation of responsibilities among levels and sectors of each agency and unit, clearly defining the responsibility of the heads in resolving administrative procedures;

c) Establish mechanisms for evaluating and providing feedback on barriers and difficulties in production and business activities;

d) Overcome inconsistencies in policy implementation between the central and local levels, among Ministries and sectors, and among localities themselves.

5. The heads of agencies and units, as well as cadres, civil servants and public employees, and employees involved in the development, promulgation, and implementation of the mechanisms and policies stipulated in this Resolution, shall be considered exempt from responsibility if they have fully complied with the relevant procedures and regulations, and have not engaged in profiteering during the performance of their duties, but damages occurred due to objective risks.

Organizations and individuals with achievements in implementing this Resolution shall be commended in accordance with the law. Acts of corruption, profiteering, and harassment by cadres and civil servants during the implementation of this Resolution shall be strictly handled.

6. The National Assembly, National Assembly Standing Committee, Central Committee of the Vietnam Fatherland Front, Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations, National Assembly deputies and People's Councils at all levels shall, within the ambit of their tasks and powers, supervise the implementation of this Resolution.

Article 17. Effect

1. This Resolution takes effect on the date of adoption.

2. If there are different provisions on the same issue between this Resolution and laws or other resolutions of the National Assembly, this Resolution shall prevail. Where other legal documents prescribe more favorable mechanisms and policies than this Resolution, such documents shall prevail.

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This Resolution was adopted on May 17, 2025, by the XV^th National Assembly of the Socialist Republic of Vietnam at its 9^th session.