To answer the above question, it is necessary to consider the following legal provisions:

Pursuant to Articles 15 and 16 of Decree No. 218/2013/ND-CP dated December 26, 2018 of the Government detailing and guiding the Law on Corporate Income Tax (CIT), which stipulates preferential tax rates tax exemption and reduction of CIT;

Pursuant to Clause 16, Article 1 of Decree No. 12/2015/ND-CP dated February 12, 2015 amending and supplementing Point a, Clause 1, Article 16 of Decree No. 218/2013/ND-CP dated December 26, 2018 of the Government ;

Pursuant to Clause 4, Article 10 of Circular No. 96/2015/TT-BTC dated June 22, 2015 amending and supplementing a number of contents in Clause 6, Article 18 of Circular No. 78/2014/TT-BTC dated June 18 2014 of the Ministry of Finance stipulates on open investment as follows:

“6. About investment expansion

tax reduction for the additional income brought by expansion investment (not enjoying the preferential tax rate) is equal to the tax exemption or reduction period applicable to new investment projects in the same area or field. corporate income tax incentives. In case an enterprise chooses to enjoy corporate income tax incentives under an operating project for the remaining time, such expansion investment project must be in the field or geographical area eligible for corporate income tax incentives under the provisions of law. Decree No. 218/2013/ND-CP is also in the field or area with the project being operated.

The expansion investment project specified at this point must satisfy one of the following criteria:

– The additional historical cost of fixed assets when the investment project is completed and put into operation reaches a minimum of 20 billion VND, for an expansion investment project in the field eligible for corporate income tax incentives under the provisions of law. Decree No. 218/2013/ND-CP or from VND 10 billion for expansion investment projects implemented in areas with difficult or extremely difficult socio-economic conditions under the provisions of Decree No. Decree No. 218/2013/ND-CP.

– The proportion of the cost of fixed assets increased by at least 20% compared to the total cost of fixed assets before investment.

– The design capacity when investing in expansion increases by at least 20% compared to the designed capacity according to the technical and economic justification before the initial investment.

In case an enterprise chooses to enjoy incentives under the expanded investment category, the additional income resulting from the expansion investment shall be accounted separately. In case the enterprise cannot separately account the additional income brought by the expansion investment, the income from the expansion investment is determined according to the ratio between the historical cost of the newly invested fixed assets and put into use. for production and business on the total cost of fixed assets of the enterprise.

…”;

Pursuant to the Investment Law No. 76/2014/QH13 dated November 26, 2014 of the National Assembly of the Socialist Republic of Vietnam (effective from July 1, 2015) stipulates as follows:

“Article 17. Procedures for application of investment incentives

For projects granted an Investment Registration Certificate, the investment registration agency shall write down the contents of investment incentives, grounds and conditions for application of investment incentives in the Investment Registration Certificate.
For projects not subject to the issuance of an Investment Registration Certificate, investors are entitled to investment incentives if they meet the conditions for enjoying investment incentives without having to carry out procedures for issuance of an Investment Registration Certificate. invest. In this case, the investor shall base himself on the conditions for enjoying investment incentives specified in Articles 15 and 16 of this Law and other relevant provisions of law to determine investment incentives by himself and carry out procedures. continue to enjoy investment incentives at tax offices, financial offices and customs offices corresponding to each type of investment incentives.”;

“Article 36. In case of carrying out procedures for issuance of Investment Registration Certificate

Cases in which the procedures for issuance of an Investment Registration Certificate must be carried out:
a) Investment projects of foreign investors;
b) Investment projects of economic organizations specified in Clause 1, Article 23 of this Law.
Cases in which the procedures for issuance of an Investment Registration Certificate are not required:
a) Investment projects of domestic investors;

…”;

“Article 40. Adjustment of Investment Registration Certificate

When there is a need to change the contents of the Investment Registration Certificate, the investor shall carry out the procedures for adjusting the Investment Registration Certificate.
Dossier for adjustment of Investment Registration Certificate includes:

…”;

From the above grounds, in case investors sublease land associated with investment infrastructure in Dinh Vu Industrial Park, in Dinh Vu – Cat Hai economic zone to implement a new investment project. In the course of operation, investors wishing to implement investment projects to develop active investment projects such as expanding production scale, increasing capacity, renewing production technology (collectively referred to as is an expansion investment project) in the field or area eligible for CIT incentives under the provisions of Decree No. 218/2013/ND-CP if it meets one of the three criteria specified in Clause 4, Article 10 of Circular No. 96/2015/TT-BTC, they can choose to enjoy CIT incentives according to the project in operation for the remaining time (including tax rates, exemption and reduction period if any) or apply tax exemption period, tax reduction for the additional income generated by the expansion investment (not enjoying the preferential tax rate) equal to the tax-free period,

An expansion investment project entitled to CIT incentives under the guidance above is an investment project to develop an operating project by expanding its scale, increasing capacity, renewing technology, reducing pollution or reducing pollution. improve the environment while meeting the provisions of the Investment Law and its guiding documents. In which, for cases where the procedures for issuance of an Investment Registration Certificate must be carried out (such as investment projects of foreign investors, investment projects of economic organizations specified in Clause 1 of this Article). 23 of the Investment Law), when implementing an expansion investment project, the investor must make adjustments to the information in the issued Investment Registration Certificate.