Name of recommendations: A recommendation on Problems in the implementation of the Law on Investment and Law on Science and Technology on the application of incentives of corporate income tax.

Status: Has not been responded

Recommended by units: The Minh Long 1 Co., Ltd

Official letter: No 0139A/PTM - VP, dated: 2017-01-23

Recommended contents:

On the issue of enterprises which have enjoyed preferential treatment under the Law on Investment, the preferential tax shall be deducted under the Law on Science and Technology. In the case of Minh Long 1 Co., Ltd, the Company has proposed to the Ministry of Finance and tax authorities about the consideration of preferential tax policies for science and technology enterprises, Technology of the company on "Process technology production of high-grade ceramics to European standards by burning fire once." Minh Long Co., Ltd has implemented guidance and explanation as requested by the Official Letter No. 3613 / BTC-CST dated March 20, 1977 of the Ministry of Finance, has been responded by the Ministry of Finance on the agreement of the policy. However, the Ministry of Finance has no specific comments so the proposal of Minh Long 1 Co., Ltd has not been received consensus from the tax authorities.

The company provided the documents that clearly presented the distinguishment between the Company's projects which were entitled to incentives under the Law on Investment, with the scientific and technological projects of the companies that be considering approvals for incentives under the Law on Science and Technology  are completely independent projects. The term of preferential treatment for projects under the Investment Law of the Company has been terminated (the obligation to pay enterprise income tax has been fulfilled in accordance with the law). Therefore, the view of not considering enjoyment of incentives because the regulation "in the same tax period, if there arise incomes that be subject to the preferential corporate income tax rate and time of tax exemption or reduction in many different cases, businesses choose one of the most favorable incentives of corporate income tax "is not appropriate.

Minh Long 1 Co., Ltd, said that the company should be entitled to full incentives of corporate income tax for science and technology enterprises (apply tax rate of 10% in 15 years, free enterprise income tax 04 years and a 50% tax reduction in the next 9 years), and not deducted from the incentives enjoyed by the Company in accordance with the Law on Investment since its establishment.

In order to ensure the rationality in encouraging enterprises to invest in researching and promoting the application of science and technology in production, the Company needs to amend, supplement and adjust preferential policies. The tax must be applied in accordance with the Law on Science and Technology, so that the policy is suitable with reality and in line with the Party's and State's viewpoints, policies and must be specific and clear.

 Minh Long 1 Co., Ltd would like to propose to the National Assembly Committee of Science, Technology and Environment, 14th National Assembly, Ministry of Finance, Ministry of Science and Technology to review and direct the study and adjustment of the provisions of the Law , to amend the Decrees and Circulars guiding the unbundling of the implementation of the Law on Science and Technology, to create opportunities and motivation for enterprises to apply science and technology into production processes in removing difficulties of the science and technology enterprises in general and Minh Long 1 Co., Ltd. in particular