Key takeaways
1. Functional areas and development objectives
Under Decision 1142/QĐ-TTg, the FTZ encompasses seven designated locations that are identified as core functional areas with the following development objectives:
- Production and logistics: Develop modern production and logistics centers with advanced infrastructure and digitalization, focusing on high-value manufacturing and connectivity with global supply chains.
- Commercial-service: Create international-standard commercial spaces for duty-free trade, tourism, resorts, e-commerce, education, healthcare and entertainment to foster a knowledge economy and regional connectivity.
- Tech and innovation: Establish high-tech hubs for digital technology, R&D, startups, and innovations in AI, semiconductors, big data, cloud computing, IoT, blockchain and renewable energy, to enhance global digital competitiveness.
2. Investment incentives and policies
While Decision 1142 does not introduce new investment incentives, it refers to the preferential policies outlined in Resolution 136, which include the following:
- Investment: The People's Committee streamlines project approvals using provincial-level processes. Foreign investors establishing economic organizations in the FTZ are exempt from investment registration certificates, following the same simple steps as local companies.
- Land: Investors in the FTZ can lease or sublease land with rights similar to those in industrial zones. Adjustments to land use plans are managed by the Da Nang People's Committee to support investor certainty.
- Customs and tax: FTZ projects enjoy tax breaks like those in economic zones, including corporate income tax reductions. Goods and services in the FTZ are treated as non-tariff zones, with fast-track customs procedures for exports and imports. Investors can choose the most favorable incentives available.
- Others: Investment projects in the FTZ are eligible for additional incentives, equivalent to those offered in economic zones, covering tax exemptions, land use benefits, favorable credit terms, accounting advantages, and other benefits as stipulated by relevant Vietnamese laws.
3. Development roadmap
Decision 1142 does not specify a detailed development timeline for the FTZ. Instead, it outlines that the FTZ will be developed in alignment with Vietnam's national socioeconomic development strategy, the master plan for Da Nang, and the approved FTZ development orientation.
The Da Nang People's Committee and the Ministry of Finance are designated as the key authorities responsible for implementing and developing the FTZ.
Conclusion
The establishment of the Da Nang Free Trade Zone reflects the city's proactive and forward-thinking approach in initiating transformative policies to foster a dynamic and globally competitive economy. As these developments unfold, our firm stands ready to assist clients in navigating the legal and regulatory landscape, including guidance on Resolution 136 and related implementation frameworks.
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Tuan Linh Nguyen, Senior Government Affairs Manager, and Ngoc Trung Tran, Senior Regulatory Advisor, contributed to this legal update.