27 April 2021
A recent decision issued by the Prime Minister on the changes in criteria for determining high-tech enterprises provides more clarity on whether an entity could be deemed as a high-tech enterprise and thus be able to enjoy incentives provided under the laws of Vietnam.
Some of the incentives that high-tech enterprises are eligible for include but not limited to exemption and/or reduction of income tax, import and export taxes. Decision No.10/2021/QĐ-TTg (“Decision 10”) on criteria for determining high-tech enterprises will become effective on 30 April 2021 thereby replacing decision No.19/2015/QĐ-TTg (“Decision 19”).
Several salient similarities and differences between the two decisions are as follows:
No. |
Criteria |
Decision 10 |
Decision 19 |
1 |
Revenue |
Revenues generated from hi-tech products must account for at least 70% of the total annual net revenue of enterprises. |
Revenues generated from hi-tech products must account for at least 70% of the total annual net revenue of enterprises. |
2 |
Expenses on research and development |
Percentage of expenses on research and development of enterprises (including depreciation of investment for infrastructures, fixed assets, recurrent expenditure on research and development; expenditure on training and training assistance for research and development of enterprises, science and technology organisations, training facilities in Vietnam; fees for copyrights…) over total net revenue less input value (including materials and components serving import and domestic procurement) of each year:
(i) Enterprises with total funding sources of VND 6,000 billion or more and 3,000 workers or more must achieve at least 0.5%; (ii) Enterprises not specified under point (i) above with total funding sources of VND 100 billion or more and 200 workers or more must achieve at least 1%; and (iii) Other enterprises must achieve at least 2% |
Total expenses for research and development activities conducted in Vietnam must account for at least 1% of its total annual net revenue, for small-and-medium-sized enterprises, or 0.5%, for enterprises with a total capital of over VND 100 billion and more than 300 employees. |
3 |
Worker |
Percentage of workers participating in research and development having at least college-level education of enterprises over the total number of workers:
(i) Enterprises with total funding sources of VND 6,000 billion or more and 3,000 workers or more must achieve at least 1%; (ii) Enterprises not specified under point (i) above with total funding sources of VND 100 billion or more and 200 workers or more must achieve at least 2.5%; and (iii) Other enterprises must achieve at least 5% |
The number of research and development staff members holding a university or higher degree must account for at least 5% of the enterprise’s total number of employees, for small and medium-sized enterprises. For enterprises with a total capital of over VND 100 billion and more than 300 employees, the number of research and development staff members holding a university or higher degree must account for at least 2.5% of the total number of employees and be not less than 15. |
Phuong Nguyen, Managing Partner, ZICOlaw
phuong.nguyen@zicolaw.com