Resolution 72/2022/QH15 pilot mechanisms and policies for development of Buon Ma Thuot

RESOLUTION

On pilot implementation of a number of special mechanisms and policies for development of Buon Ma Thuot city, Dak Lak province^[1]

THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

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

Pursuant to Law No. 80/2015/QH13 on Promulgation of Legal Documents, which had a number of articles amended and supplemented under Law No. 63/2020/QH14;

RESOLVES:

Article 1. Scope of regulation

This Resolution provides the pilot implementation of a number of special mechanisms and policies applicable to Buon Ma Thuot city, Dak Lak province, regarding finance-state budget management; delegation of powers for state management of planning; incentives in investment attraction; and preferential treatment of experts, scientists and talented people.

Article 2. Subjects of application

1. State agencies, political organizations and socio-political organizations.

2. Socio-political-professional organizations, social organizations and socio-professional organizations.

3. Other related organizations and individuals.

Article 3. Finance-state budget management

1. Dak Lak province may raise loans through issuing municipal bonds, and take loans from other domestic financial resources and loans on-lent from the Government’s foreign loans with the total outstanding balance not exceeding 40% of the province’s budget revenue as assigned. The National Assembly shall decide on the province’s total amount of annual loans and budget deficit in accordance with the Law on the State Budget. The outstanding balance amount exceeding that specified in the Law on the State Budget may be wholly used for investment in projects in Buon Ma Thuot city. The People’s Council of Dak Lak province shall assign revenue sources and spending tasks as appropriate for Buon Ma Thuot city to receive and use the whole of such excessive outstanding balance amount.

2. Dak Lak province may receive an additional amount equal to 45% of the population norm-based expenditure amount for the population of Buon Ma Thuot city according to the principles, criteria and norms for allocation of the state budget’s recurrent expenditure estimates for 2022 when making the state budget’s recurrent expenditure estimates for 2023 and during the time of implementation of this Resolution. The additional amount shall be allocated for assigned spending tasks of Buon Ma Thuot city. The People’s Council of Dak Lak province shall assign revenue sources and spending tasks as appropriate for Buon Ma Thuot city to receive and use the whole of such additional amount.

Article 4. Enterprise income tax incentives in Buon Ma Thuot city

1. Investment projects in Buon Ma Thuot city in the fields of production, preservation and processing of agricultural products (except the investment projects on coffee production, preservation and processing specified in Clause 2 of this Article); cultural tourism, community-based tourism and ecotourism; health, education and training (except projects eligible for investment incentives under socialization promotion policies); manufacture of energy-efficient products and products serving the renewable energy industry; and investment in logistics centers, inland container depots and warehouses are entitled to the enterprise income tax rate of 10% for 15 years, enterprise income tax exemption for 4 years, and 50% reduction of payable enterprise income tax amounts for the subsequent 9 years.

2. Investment projects on coffee production, preservation and processing in Buon Ma Thuot city are entitled to the enterprise income tax rate of 10% for 30 years, enterprise income tax exemption for 4 years, and 50% reduction of payable enterprise income tax amounts for the subsequent 9 years.

3. The time of starting to enjoy, conditions for application of, and incomes eligible for, the incentives specified in Clauses 1 and 2 of this Article must comply with the law on enterprise income tax.

Article 5. Planning management

Based on the function zone construction plan and urban master plan of Buon Ma Thuot city already approved by the Prime Minister, the Prime Minister shall decide to decentralize the People’s Committee of Dak Lak province to approve partial adjustment of the general master plan on function zone construction and partial adjustment of the general master plan on urban areas of Buon Ma Thuot city according to the order and procedures specified by the Prime Minister and report implementation results to the Prime Minister.

Article 6. Preferential treatment of experts, scientists and talented people

1. During the time of implementation of this Resolution, experts, scientists and talented people working in specialized agencies and public non-business units of Buon Ma Thuot city are entitled to personal income tax exemption for 5 years, for incomes from their salaries and wages earned in Buon Ma Thuot city.

2. The People’s Council of Dak Lak province shall promulgate regulations on preferential policies on training, further training, working environment, working equipment, planning, appointment, salary, wage and welfare and other policies applicable to experts, scientists and talented people; and criteria for identification of experts, scientists and talented people in the fields in which it is needed to attract such people to work in Buon Ma Thuot city.

Article 7. Organization of implementation

1. To assign the Government to direct ministries, sectors, central agencies and localities to monitor, inspect and examine the law observance by enterprises and investment projects eligible for tax incentives in accordance with this Resolution in order to take solutions to prevent the abuse of incentives; and implement solutions to ensure national defense and security upon pilot application of policies as suitable to the strategic location of Buon Ma Thuot city and the Central Highlands region.

2. The Government shall, within the ambit of its tasks and powers, organize the implementation of this Resolution; conduct a 3-year review of the implementation of this Resolution and report thereon to the National Assembly at its year-end session of 2025; and conduct a final review of the implementation of this Resolution and report thereon to the National Assembly at its year-end session of 2027.

3. The Standing Committee, the Ethnic Council, and Committees of the National Assembly, the Delegation of National Assembly deputies of Dak Lak province, and National Assembly deputies shall, within the ambit of their tasks and powers, oversee the implementation of this Resolution.

Article 8. Implementation provisions

1. This Resolution takes effect on January 1, 2023, and shall be implemented for 5 years.

2. The investment projects specified in Article 4 of this Resolution with investment policy approved or investment registration certificates granted in the validity period of this Resolution are entitled to the investment incentives specified in Article 4 of this Resolution until the expiration of project implementation period.

3. If this Resolution and laws or other resolutions of the National Assembly contain different provisions on the same issue, this Resolution shall prevail. If legal documents promulgated after the effective date of this Resolution provide mechanisms and policies that are more preferential or beneficial than those specified in this Resolution, the People’s Council of Dak Lak province may decide which documents shall be applied.

This Resolution was adopted on November 15, 2022, by the XV^th National Assembly of the Socialist Republic of Vietnam at its 4^th session.-

Chairman of the National Assembly
VUONG DINH HUE