Official Letter No. 3601/CT-CS dated September 5, 2025 of the Tax Department regarding the determination of Corporate Income Tax (CIT) incentives

• Pursuant to Clause 12 Article 1 of Law No. 32/2013/QH13 dated June 19, 2013 of the National Assembly (amending and supplementing Article 18 of the 2008 Law on Corporate Income Tax);
• Pursuant to Clause 3 Article 16 of Decree No. 218/2013/ND-CP dated December 26, 2013 of the Government;
• Pursuant to Clause 14 Article 1 of Decree No. 12/2015/ND-CP dated February 12, 2015 of the Government (amending and supplementing a number of articles of Decree No. 218/2013/ND-CP dated December 26, 2013 of the Government detailing and guiding the implementation of certain provisions of the Law on Corporate Income Tax);
• Pursuant to Clause 20 Article 1 of Decree No. 12/2015/ND-CP mentioned above of the Government amending and supplementing Clause 2 Article 20 of Decree No. 218/2013/ND-CP dated December 26, 2013 guiding the Law on Corporate Income Tax;
• Pursuant to Clause 1 Article 17 of the Law on Investment No. 67/2014/QH13 dated November 26, 2014;
• Pursuant to Point b Clause 4 Article 17 of Decree No. 118/2015/ND-CP dated November 12, 2015 of the Government;

Based on the above provisions, in principle, in cases where an enterprise is within the period of enjoying CIT incentives and derives income entitled to CIT incentives under investment location-based conditions or sector-based conditions as prescribed under the legal documents on CIT, while simultaneously satisfying the conditions for income from cultivation, husbandry, and processing activities in the agricultural , forestry, and fishery sectorsas stipulated in Decree No. 12/2015/ND-CP dated February 12, 2015 of the Government, the enterprise is entitled to select and apply the most favorable tax incentive in accordance with Clause 12 Article 1 of Law No. 32/2013/QH13 and as guided in Official Letter No. 3091/BTC-TCT dated March 8, 2017 of the Ministry of Finance to Provincial and Municipal Tax Departments. In cases where the incentive period under sectoral or locational conditions has expired, the enterprise is not permitted to switch to applying CIT incentives for income derived from cultivation, husbandry, and processing activities in the agriculture, forestry, and fishery sectors as provided in Decree No. 12/2015/ND-CP dated February 12, 2015 of the Government.

With respect to enterprises having investment projects that are still within the period of enjoying CIT incentives under sectoral or locational conditions, or have not yet benefited from CIT incentives, and concurrently satisfy the conditions for income derived from cultivation, husbandry, and processing activities in the agriculture, forestry, and fishery sectors under Decree No. 12/2015/ND-CP dated February 12, 2015 of the Government, such enterprises are entitled to select and apply the most favorable tax incentive (either under sectoral or locational incentives, or under incentives applicable to income derived from cultivation, husbandry, and processing activities in the agriculture , forestry, and fishery sectors).

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