Law on Personal Income Tax 2025, No. 109/2025/QH15

LAW

ON PERSONAL INCOME TAX

Pursuant to the Constitution of the Socialist Republic of Vietnam, as amended and supplemented under Resolution No. 203/2025/QH15;

The National Assembly promulgates the Law on Personal Income Tax.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for taxpayers, taxable income, incomes eligible for personal income tax exemption or reduction, and personal income tax bases.

Article 2. Taxpayers

1. Personal income taxpayers are residents who earn taxable income as prescribed in Article 3 of this Law arising within and outside the territory of Vietnam, and non-residents who earn taxable income as prescribed in Article 3 of this Law arising within the territory of Vietnam.

2. Resident means a person who satisfies one of the following conditions:

a) Being present in Vietnam for 183 days or more within one calendar year or within a period of 12 consecutive months counted from the first day of presence in Vietnam;

b) Having a habitual place of residence in Vietnam, including having a place of permanent residence registered in Vietnam or having a rented house for residence in Vietnam under a lease contract with a definite term.

3. Non-resident means a person who does not satisfy the conditions prescribed in Clause 2 of this Article.

4. The Government shall provide detailed regulations on this Article.

Article 3. Taxable income

Incomes liable to personal income tax include the following kinds of income, except for income eligible for tax exemption as prescribed in Article 4 of this Law:

1. Income from business, including:

a) Incomes from goods production or trading or service provision;

b) Income from independent professional activities of individuals possessing practice licenses or certificates in accordance with law;

c) Income from activities of agency, brokerage, or business cooperation with organizations;

d) Income from e-commerce business activities and digital platform-based business activities.

2. Income from salaries and wages, including:

a) Salaries, wages and amounts of similar nature;

b) Remuneration, and benefits in cash or in kind in all forms;

c) Allowances, subsidies, and other income, excluding the following amounts: allowances and subsidies in accordance with the law on preferential treatment for persons with meritorious services; national defense and security allowances; hazard or danger allowances for persons working in branches, occupations or jobs at places where exist hazardous or dangerous elements; attraction allowances and regional allowances in accordance with law; allowances, subsidies, and living expenses paid by Vietnamese agencies abroad; allowances for sudden difficulties, allowances for occupational accidents, occupational disease, lump-sum maternity or child adoption allowances, allowances due to diminished working capacity, lump-sum retirement allowances, monthly survivorship allowances and other allowances in accordance with the law on social insurance; severance and job-loss allowances; social assistance allowances; and other allowances, subsidies, and income not of a salary- or wage-like nature as prescribed by the Government.

3. Income from capital investment, including:

a) Interest from loans;

b) Dividends;

c) Income from capital investment in other forms.

4. Income from capital transfer, including:

a) Income from the transfer of capital holdings in economic organizations;

b) Income from the transfer of securities;

c) Income from capital transfer in other forms.

5. Income from real estate transfer, including:

a) Income from the transfer of rights to use land and land-attached assets;

b) Income from the transfer of right to own or use residential houses;

c) Income from the transfer of right to lease land or water surface;

d) Other income received from real estate transfer in all forms.

6. Income from won prizes, including:

a) Lottery winnings;

b) Winnings from promotional activities;

c) Winnings from betting activities;

d) Winnings from games, prize-bearing contests, and other forms of winnings, excluding winnings from casinos.

7. Income from royalties, including:

a) Income from the transfer or licensing of objects of intellectual property rights;

b) Income from technology transfer.

8. Income from commercial franchising.

9. Income from inheritance and gifts being securities, capital holdings in economic organizations, business establishments, real estate, and other assets subject to ownership registration or use registration.

10. Other income, including:

a) Income from the transfer of the national Internet domain name of Vietnam “.vn”;

b) Income from the transfer of greenhouse gas emission reduction results and carbon credits;

c) Income from the transfer of vehicle license plates won through auction in accordance with law;

d) Income from the transfer of digital assets;

dd) Income from the transfer of gold bar.

The Government shall prescribe the value threshold of gold bar subject to tax, the time of application of tax collection, and the adjustment of personal income tax rates applicable to the transfer of gold bar in accordance with the roadmap for management of the gold market.

11. The Government shall provide detailed regulations on this Article and on the conversion of taxable income received in kind or not in Vietnam Dong.

Article 4. Tax-exempt incomes

1. Incomes from the transfer of, receipt of inheritance of, or receipt of gifts being real estate between husband and wife; biological father, biological mother and biological children; adoptive father, adoptive mother and adopted children; father-in-law, mother-in-law and daughters-in-law; father-in-law, mother-in-law and sons-in-law; paternal grandfather, paternal grandmother and paternal grandchildren; maternal grandfather, maternal grandmother and maternal grandchildren; biological siblings.

2. Incomes from the transfer of residential houses, rights to use residential land and assets attached to residential land received by individuals who have only one residential house or land plot each.

3. Incomes from the value of land use rights of individuals who are allocated land by the State.

4. Incomes of households and individuals directly engaged in the production of crops, planted forests, livestock, aquaculture products, and captured aquatic products that have not been processed into other products or have only undergone ordinary preliminary processing; salt production; income from dividends of members of agricultural cooperatives and agricultural cooperative unions, income of individuals who are farmers entering into contracts with enterprises to participate in the “Large-scale Field” scheme; production forests cultivation; and aquaculture.

5. Incomes from the conversion of agricultural land allocated by the State to households and individuals for production.

6. Incomes from interest on government bonds, interest on local government bonds, interest on deposits at credit institutions, interest from life insurance contracts.

7. Incomes from remittances.

8. Wages for night shift, overtime work, and salaries and wages paid for days not taken as leave in accordance with the law.

9. Retirement pensions paid by the Social Insurance Fund; income paid by supplementary pension funds and voluntary pension funds.

10. Incomes from scholarships, including:

a) Scholarships received from the state budget;

b) Scholarships received from domestic and foreign organizations under their scholarship support programs.

11. Incomes from compensation under life insurance contracts and non-life insurance contracts, compensation for occupational accidents, state compensation, and other compensation in accordance with the law.

12. Incomes received from charitable organizations and funds established or recognized by competent state agencies, operating for charitable and humanitarian purposes and not for profit.

13. Incomes received from foreign aid sources for charitable and humanitarian purposes in the form of governmental and non-governmental aid approved by competent state agencies.

14. Incomes from salaries and wages of seafarers who are Vietnamese citizens working for foreign shipping companies or Vietnamese shipping companies engaged in international transport.

15. Incomes of individuals who are shipowners, individuals having the right to use ships, and individuals working on ships from activities of providing goods and services directly serving offshore fishing and aquatic resource exploitation.

16. Incomes from the first transfer of greenhouse gas emission reduction results of individuals whose emission reduction results are recognized, from carbon credits of individuals granted carbon credits; incomes from interest on green bonds; incomes from the first transfer of green bonds after issuance.

17. Incomes from salaries and wages arising from the performance of scientific, technological, and innovation tasks.

18. Incomes from copyright of scientific, technological, and innovation tasks when the results of tasks are commercialized in accordance with the law on science, technology, and innovation and the law on intellectual property.

19. Incomes of individual investors and experts from innovative startup projects, founders of innovative startup enterprises, individual investors contributing capital to venture capital funds.

20. Incomes from salaries and wages of foreign experts working in programs and projects funded by non-refundable ODA, foreign non-governmental programs and projects in Vietnam; incomes of Vietnamese individuals working at representative offices of international organizations within the United Nations System in Vietnam; and incomes of individuals participating in United Nations peacekeeping forces.

21. Incomes after payment of corporate income tax of individuals who are owners of private enterprises and individuals who are owners of single-member limited liability companies.

22. The Government shall provide detailed regulations on this Article.

Article 5. Other cases of tax exemption and tax reduction

1. Where a taxpayer encounters difficulties due to natural disasters, epidemics, fires, accidents, or serious illnesses affecting the tax payment ability, he/she/it shall be entitled to a tax deduction corresponding to the extent of the damage but not exceeding payable tax amounts.

2. Personal income tax shall be exempted for a period of 05 years for income from salaries and wages of individuals who are high-quality digital technology industry human resources in the following cases:

a) Incomes from projects engaging in digital technology industry activities within centralized digital technology zones;

b) Incomes from projects for research and development, production of key digital technology products, semiconductor chips, and artificial intelligence systems;

c) Incomes from activities of training human resources for the digital technology industry.

3. Personal income tax shall be exempted for a period of 05 years for income from salaries and wages of individuals who are high-tech human resources carrying out research and development activities in high technology or strategic technology falling under the List of high technologies prioritized for investment and development, or the List of strategic technologies and the List of strategic technology products in accordance with the law on high technology.

4. Personal income tax shall be exempted for the transfer of open-end fund certificates established in accordance with the law on securities, which are held for 02 years or more from the date of purchase.

5. A 50% reduction of personal income tax shall apply to dividends distributed to individual investors from securities investment funds and real estate investment funds established in accordance with the Law on Securities, for the duration as prescribed by the Government.

6. The Government shall provide detailed regulations on this Article.

Article 6. Tax administration on personal income tax

Based on the provisions of this Law, the Government shall stipulate the annual tax period applicable to income from business and income from salaries, wages of residents; the tax period applicable to each occurrence for other income of residents and non-residents; the time for determination of taxed income; tax finalization; tax refund in cases where an individual has paid tax in excess of the tax payable or has not reached the threshold for tax payment; and responsibilities for withholding, declaring on behalf of, and paying on behalf of taxpayers in accordance with the Law on Tax Administration.

Chapter II

TAX BASES FOR RESIDENTS

Article 7. Personal income tax on income from business

1. Residents engaged in production or business activities with annual revenue of VND 500 million or less shall not be required to pay personal income tax. The Government shall submit to the National Assembly Standing Committee the adjustment of the revenue threshold not subject to personal income tax in accordance with the socio-economic situation in each period.

2. Personal income tax on income from businesses of residents with annual revenue exceeding the threshold prescribed in Clause 1 of this Article shall be determined as taxed income multiplied (x) by the tax rate. In which:

a) Taxed income shall be determined as the revenue from goods and services sold minus (-) the expenses related to production and business activities in the tax period;

b) Individual conducting business with annual revenue exceeding the threshold prescribed in Clause 1 of this Article up to VND 03 billion: tax rate of 15%;

c) Individual conducting business with annual revenue exceeding VND 03 billion up to VND 50 billion: tax rate of 17%;

d) Individual conducting business with annual revenue exceeding VND 50 billion: tax rate of 20%.

Incomes from the leasing of real estate as prescribed in Clause 4 of this Article shall not apply the tax calculation method prescribed in this Clause.

3. Individual conducting business with annual revenue exceeding the threshold prescribed in Clause 1 of this Article up to VND 03 billion may choose to pay tax in accordance with Point a and Point b, Clause 2 of this Article or to pay tax calculated as the tax rate multiplied (x) by taxable revenue. Taxable revenue and tax rates shall be determined as follows:

a) Taxable revenue shall be determined as the portion of revenue exceeding the threshold prescribed in Clause 1 of this Article;

b) Distribution and supply of goods: tax rate of 0.5%;

c) Services and construction without supply of raw materials: tax rate of 2%. Asset leasing activities, insurance agency, lottery agency, and multi-level marketing sales agency: tax rate of 5%;

d) Production, transportation, services associated with goods, and construction with supply of raw materials: tax rate of 1.5%;

dd) Activities of providing digital information content products and services for entertainment, electronic games, digital films, digital images, digital music, and digital advertising: tax rate of 5%;

e) Other business activities: tax rate of 1%.

4. Individuals leasing real estate, excluding accommodation business activities, shall pay personal income tax determined as the portion of revenue exceeding the threshold prescribed in Clause 1 of this Article multiplied (x) by the tax rate of 5%.

5. The Government shall provide detailed regulations on this Article.

Article 8. Personal income tax on income from salaries and wages

1. Personal income tax on income from salaries and wages of residents shall be determined as taxed income prescribed in Clause 2 of this Article, regardless of the place of income payment, multiplied (x) by the tax rates set out in the Partially progressive tariff prescribed in Article 9 of this Law.

2. Taxed income for income from salaries and wages is the total taxable income prescribed in Clause 2, Article 3 of this Law received by the taxpayer during the tax period, minus (-) contributions to social insurance, health insurance, unemployment insurance, professional liability insurance for certain occupations and professions subject to compulsory insurance participation, contributions to supplementary pension insurance in accordance with the Law on Social Insurance, premiums for voluntary pension insurance and life insurance not exceeding the limits prescribed by the Government, and the deductions prescribed in Article 10 and Article 11 of this Law.

3. The time for determination of taxed income from salaries and wages is the time when the organization or individual pays income to the taxpayer or the time when the taxpayer receives the income.

Article 9. Partially progressive tariff

1. The partially progressive tariff shall apply to taxed income prescribed in Clause 2, Article 8 of this Law.

2. The partially progressive tariff shall be prescribed as follows:

Article 10. Family circumstance-based deductions

1. Family circumstance-based deduction is the amount deducted from taxed income before tax calculation for income from salaries and wages of a taxpayer who is a resident. Family circumstance-based deductions include:

a) The deduction amount for the taxpayer is VND 15.5 million per month (VND 186 million per year);

b) The deduction amount for each dependent is VND 6.2 million per month.

2. Based on fluctuations in prices and income, the Government shall submit to the National Assembly Standing Committee the regulation of the family circumstance-based deduction amount prescribed in Clause 1 of this Article in accordance with the socio-economic conditions in each period.

3. The determination of family circumstance-based deduction amount for dependents shall comply with the principle that each dependent is entitled to only one deduction claimed by one taxpayer.

4. A dependent is a person for whom the taxpayer has a duty of care and support, including:

a) Minor children; children who lack legal capacity, children with disabilities, and children who are unable to work;

b) Individuals having no income or having income not exceeding the amount prescribed by the Minister of Finance, including adult children studying at universities, colleges, professional secondary schools, or vocational institutions; a spouse who is incapable of working; parents who are beyond the working age or incapable of working; and other persons without means of support whom the taxpayer is directly responsible for supporting.

Article 11. Deductions for charitable and humanitarian contributions and other deductions

Residents shall be entitled to deduct from taxable income before tax calculation for income from salaries and wages the following amounts:

1. Charitable and humanitarian contributions, including:

a) Contributions to organizations and establishments caring for and nurturing children in especially difficult circumstances, persons with disabilities, and elderly persons without means of support;

b) Contributions to charitable funds, humanitarian funds, and study promotion funds;

c) Contributions to organizations with the function of mobilizing sponsorship established and operating in accordance with the law.

The organizations, establishments, and funds prescribed in this Clause shall be permitted to be established or recognized by competent state agencies, operate for charitable, humanitarian, or study promotion purposes, and not for profit.

2. Expenditures on healthcare and education and training of the taxpayer and the taxpayer’s dependents shall be deducted from taxable income before tax calculation at the amount prescribed by the Government.

3. The expenditures prescribed in this Article shall comply with the requirements on invoices and supporting documents in accordance with the law and must not be paid from other sources.

4. The Government shall provide detailed regulations on this Article.

Article 12. Personal income tax on income from capital investment

1. Tax on income from capital investment of residents shall be determined as taxable income multiplied (x) by the tax rate of 5%.

2. Taxable income from capital investment is the total amount of taxed income from capital investment prescribed in Clause 3, Article 3 of this Law that the taxpayer receives on each occurrence.

3. The time for determination of taxable income from capital investment is the time when the organization or individual pays income to the taxpayer or the time when the taxpayer receives the income.

4. The Government shall provide detailed regulations on this Article.

Article 13. Personal income tax on income from capital transfer

1. Personal income tax on income from capital transfer of residents shall be determined as taxed income multiplied (x) by the tax rate of 20% for each transfer. In which, taxed income from capital transfer shall be determined as the transfer price minus (-) the purchase price and reasonable expenses related to the generation of income from capital transfer.

Where the purchase price and expenses related to the capital transfer cannot be determined, personal income tax shall be determined as the transfer price multiplied (x) by the tax rate of 2%.

2. Personal income tax on income from securities transfer shall be determined as the transfer price multiplied (x) by the tax rate of 0.1% for each transfer.

3. The time for determination of taxed income from capital transfer is the time when the transaction is completed in accordance with the law.

4. The Government shall provide detailed regulations on this Article.

Article 14. Personal income tax on income from real estate transfer

1. Personal income tax on income from real estate transfer of residents shall be determined as the transfer price multiplied (x) by the tax rate of 2%.

2. The time for determination of taxed income from real estate transfer is the time when the transfer contract takes effect in accordance with the law or the time of registration of land use rights or ownership of real estate.

3. The Government shall provide detailed regulations on this Article.

Article 15. Personal income tax on income from won prizes

1. Personal income tax on income from won prizes of residents shall be determined as taxed income multiplied (x) by the tax rate of 10%.

2. Taxed income from won prizes is the portion of the prize value exceeding VND 20 million that the taxpayer receives on each winning occurrence.

3. The time for determination of taxed income from won prizes is the time when the organization or individual pays income to the taxpayer.

Article 16. Personal income tax on income from royalties

1. Personal income tax on income from royalties of residents shall be calculated as taxed income multiplied (x) by the tax rate of 5%.

2. Taxed income from royalties is the portion of income exceeding VND 20 million that the taxpayer receives upon the transfer or licensing of objects of intellectual property rights or the transfer of technology under each contract.

3. The time for determination of taxed income from royalties is the time when the organization or individual pays income to the taxpayer.

Article 17. Personal income tax on income from commercial franchising

1. Personal income tax on income from commercial franchising of residents shall be calculated as taxed income multiplied (x) by the tax rate of 5%.

2. Taxed income from commercial franchising is the portion of income exceeding VND 20 million that the taxpayer receives under each commercial franchising contract.

3. The time for determination of taxed income from commercial franchising is the time when the organization or individual pays income to the taxpayer.

Article 18. Personal income tax on income from inheritance and gifts

1. Personal income tax on income from inheritance and gifts of residents shall be determined as taxed income multiplied (x) by the tax rate of 10%.

2. Taxed income from inheritance and gifts is the portion of the value of inherited assets or gifts exceeding VND 20 million that the taxpayer receives on each occurrence.

3. The time for determination of taxed income shall be as follows:

a) For income from inheritance, the time when the taxpayer receives the inheritance;

b) For income from gifts, the time when the organization or individual gives the gift to the taxpayer or the time when the taxpayer receives the income.

4. The Government shall provide detailed regulations on this Article.

Article 19. Personal income tax on other incomes

1. Personal income tax on other incomes of residents prescribed at Points a, b, and c, Clause 10, Article 3 of this Law shall be determined as taxed income multiplied (x) by the tax rate of 5%. In which, taxed income is the portion of income exceeding VND 20 million that the taxpayer receives on each occurrence.

2. Personal income tax on other incomes of residents prescribed at Point d and Point dd, Clause 10, Article 3 of this Law shall be determined as the transfer price multiplied (x) by the tax rate of 0.1%.

3. The time for determination of taxed income is the time when the organization or individual pays income to the taxpayer or the time when the taxpayer receives the income.

4. The Government shall provide detailed regulations on this Article.

Chapter III

TAX BASES FOR NON-RESIDENTS

Article 20. Personal income tax on income from business

1. Personal income tax on income from business of non-residents shall be determined as revenue from business activities prescribed in Clause 2 of this Article multiplied (x) by the tax rates prescribed in Clause 3 of this Article.

2. Revenue is the total amount of proceeds from the sale of goods, processing fees, and service provision fees, including subsidies, surcharges, and extra charges to which the individual is entitled, regardless of whether payment has been received, including expenses paid on behalf of the non-resident by the purchaser of goods or services that are not reimbursed.

Where the contractual agreement does not include personal income tax, taxed revenue must be grossed up to include the entire amount that the non-resident receives in any form from the provision of goods or services in Vietnam, regardless of the place where business activities are conducted.

3. Tax rates:

a) Distribution and supply of goods: 1%;

b) Services and construction without supply of raw materials: 5%;

c) Production, transportation, services associated with goods, and construction with supply of raw materials: 2%;

d) Activities of providing digital information content products and services for entertainment, electronic games, digital films, digital images, digital music, and advertising: 5%;

dd) Other business activities: 2%.

Article 21. Personal income tax on income from salaries and wages

Personal income tax on income from salaries and wages of non-residents shall be determined as the total amount of salaries and wages that the non-resident receives for performing work in Vietnam multiplied (x) by the tax rate of 20%, regardless of the place of income payment.

Article 22. Personal income tax on income from capital investment

Personal income tax on income from capital investment of non-residents shall be determined as the total amount of income that the non-resident receives from capital investment in organizations or individuals in Vietnam multiplied (x) by the tax rate of 5%.

Article 23. Personal income tax on income from capital transfer

1. Personal income tax on income from capital transfer of non-residents shall be determined as taxed income multiplied (x) by the tax rate of 20% for each occurrence, regardless of whether the transfer is carried out in Vietnam or abroad. In which, taxed income from capital transfer shall be determined as the transfer price minus (-) the purchase price and reasonable expenses related to the generation of income from the transfer of capital portions in Vietnamese organizations or individuals.

Where the purchase price and expenses related to the capital transfer cannot be determined, personal income tax shall be determined as the transfer price of the capital portion in Vietnamese organizations or individuals multiplied (x) by the tax rate of 2%.

2. Personal income tax on income from securities transfer of non-residents shall be determined as the transfer price multiplied (x) by the tax rate of 0.1%.

3. The Government shall provide detailed regulations on this Article.

Article 24. Personal income tax on income from real estate transfer

1. Personal income tax on income from real estate transfer of non-residents shall be determined as the transfer price multiplied (x) by the tax rate of 2%.

2. The Government shall provide detailed regulations on this Article.

Article 25. Personal income tax on income from royalties and commercial franchising

1. Personal income tax on income from royalties of non-residents shall be determined as the portion of income exceeding VND 20 million under each contract for the transfer or licensing of objects of intellectual property rights or the transfer of technology in Vietnam multiplied (x) by the tax rate of 5%.

2. Personal income tax on income from commercial franchising of non-residents shall be determined as the portion of income exceeding VND 20 million under each commercial franchising contract in Vietnam multiplied (x) by the tax rate of 5%.

Article 26. Personal income tax on income from won prizes, inheritance, and gifts

Personal income tax on income from won prizes, inheritance, and gifts of non-residents shall be determined as the portion of value exceeding VND 20 million for each occurrence of won prizes, inheritance, or gift receipt in Vietnam multiplied (x) by the tax rate of 10%.

Article 27. Personal income tax on other incomes

1. Personal income tax on other incomes of non-residents prescribed at Points a, b, and c, Clause 10, Article 3 of this Law shall be determined as taxed income multiplied (x) by the tax rate of 5%. Taxed income is the portion of income exceeding VND 20 million that the taxpayer receives on each occurrence.

2. Personal income tax on other income of non-residents prescribed at Point d and Point dd, Clause 10, Article 3 of this Law shall be determined as the transfer price multiplied (x) by the tax rate of 0.1%.

3. The Government shall provide detailed regulations on this Article.

Article 28. Time for determination of taxed income

1. The time for determination of taxed income for income prescribed in Article 20 of this Law is the time when the non-resident receives the income or the time of issuance of invoices for the sale of goods or provision of services.

2. The time for determination of taxed income for income prescribed in Articles 21, 22, 25, 26, and 27 of this Law is the time when organizations or individuals in Vietnam pay income to the non-resident or the time when the non-resident receives the income.

3. The time for determination of taxed income for income prescribed in Article 23 of this Law is the time when the transaction is completed in accordance with the law.

4. The time for determination of taxed income for income prescribed in Article 24 of this Law is the time when the transfer contract takes effect in accordance with the law or the time of registration of land use rights or ownership of real estate.

5. The Government shall provide detailed regulations on this Article.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 29. Effect

1. This Law takes effect on July 01, 2026, except the case specified in Clause 2 of this Article.

2. Provisions relating to income from business, salaries, wages of residents shall apply from the tax period of the year 2026.

3. The Law on Personal Income Tax No. 04/2007/QH12, as amended and supplemented under Law No. 26/2012/QH13, Law No. 71/2014/QH13, Law No. 31/2024/QH15, Law No. 43/2024/QH15, Law No. 48/2024/QH15, Law No. 56/2025/QH15, Law No. 71/2025/QH15, and Law No. 93/2025/QH15, shall cease to be effective from the date this Law takes effect; provided that the provisions relating to income from business, salaries and wages of residents shall cease to be effective from the tax period of the year 2026.

4. Where there are different provisions on tax incentives between this Law and the Law on the Capital, resolutions of the National Assembly, and the measures prescribed at Point h, Clause 8, Article 10 of the Law on Organization of the Government, the provisions of the Law on the Capital, the resolutions of the National Assembly, and the measures prescribed at Point h, Clause 8, Article 10 of the Law on Organization of the Government shall apply. Where the provisions of this Law are more preferential, the taxpayer may choose to apply the most favorable incentive.