Instruction on Implementing Articles 9, 10, 11, and 15 of the Law on Investment Promotion (No. 14/NA, November 17, 2016) – Determining Lists of Investment Promotion Activities and Zones, and Preferential Policies on Profit Tax and State Land Rent or Concession Fees
关于落实《投资促进法》（第14/国会号，2016年11月17日颁布）第9、10、11、15条的指示——确定投资促进经营活动清单及区域、利润税与国有土地租金或特许金优惠政策
ຄຳແນະນຳ ກ່ຽວກັບ ການຜັນຂະຫຍາຍ ມາດຕາ 9, 10, 11 ແລະ 15 ຂອງກົດໝາຍວ່າດ້ວຍການສົ່ງເສີມການລົງທຶນ ສະບັບເລກທີ 14/ສພຊ, ລົງວັນທີ 17 ພະຈິກ 2016 (ການກຳນົດບັນຊີກິດຈະການສົ່ງເສີມການລົງທຶນ ແລະ ເຂດ, ນະໂຍບາຍດ້ານອາກອນກຳໄລ ແລະ ຄ່າເຊົ່າ ຫຼື ຄ່າສຳປະທານທີ່ດິນຂອງລັດ)
Summary
This instruction is formulated to implement Articles 9, 10, 11, and 15 of the Law on Investment Promotion No. 14/NA dated November 17, 2016, aiming to determine the list of investment promotion activities and investment promotion zones, stipulating principles, procedures, and measures for granting profit tax exemptions and reductions in state land rent or concession fees, and is accompanied by two annexes: the list of investment promotion activities (including industry codes and specific conditions) and the list of investment promotion zones.
Articles
Article 1
This Instruction is formulated to implement Articles 9, 10, 11, and 15 of the Law on Investment Promotion No. 14/NA, dated November 17, 2016, to determine the list and areas of investment promotion business activities, and to determine the principles, procedures, and measures for granting investment promotion incentives in terms of profit tax and state land rent or royalty collection, aiming to ensure the correct, transparent, effective, and unified organization and implementation of investment promotion work nationwide. This Instruction applies to enterprises that invest in investment promotion business activities in the Lao People's Democratic Republic in accordance with the Law on Investment Promotion No. 14/NA, dated November 17, 2016, and have obtained investment licenses.
Article 2
Content 1. Interpretation of Terms. The terms used in this Directive have the following meanings: 1) Profit tax incentive policy means the reduction or exemption of profit tax granted to investment enterprises in accordance with the Law on Investment Promotion; 2) State land rent or concession fee incentive policy means the reduction or exemption of state land rent or concession fees collected from enterprises investing in promoted business activities in accordance with the Law on Investment Promotion; 3) Promoted business activities means business activities that receive promotion policies under the sectoral plan in accordance with the Law on Investment Promotion, and are specified in detail in the list in Appendix 1 of this Directive. This Appendix may be amended from time to time to suit actual circumstances; 4) Regional promotion policy means the classification of areas receiving investment promotion policies, determined in accordance with the Law on Investment Promotion and specified in detail in the list in Appendix 2 of this Directive. This Appendix may be amended from time to time to suit actual circumstances; 5) Investment Promotion Certificate means a document confirming the granting of investment promotion policies in accordance with the Law on Investment Promotion, issued by the planning and investment sector.
Article 3
II. Investment promotion policies granting profit tax and state land rent or concession fees. ;2.1 Conditions for granting investment promotion policies. Enterprises investing in the Lao People’s Democratic Republic and intending to apply for incentives on profit tax and state land rent or concession fees must meet the following conditions: 1) They must invest in business activities eligible for investment promotion in accordance with the Law on Investment Promotion and comply with the specific conditions stipulated in Annex 1 of this Instruction; 2) The investment amount must be at least 1.2 billion kip, or they must employ more than 30 Lao technical personnel, or employ more than 50 Lao workers holding labor contracts of at least 1 year; 3) They must fully pay the registered capital, verified by the Bank of the Lao People’s Democratic Republic, and proceed in accordance with Articles 53 and 54 of the Law on Investment Promotion; 4) They must conduct business normally and fully fulfill customs, tax, and other obligations in accordance with relevant laws and regulations; 5) They must strictly and fully fulfill environmental obligations in accordance with laws and regulations.
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