Official Dispatch 3199 regarding the handover and accounting when dissolving, merging, or consolidating trade unions in Vietnam promulgated?
Official Dispatch 3199 regarding the handover and accounting when dissolving, merging, or consolidating trade unions in Vietnam promulgated?
On January 15, 2025, the Vietnam General Confederation of Labor issued Official Dispatch 3199/TLD-TC 2025 to guide the handover and accounting processes in cases of dissolution, merger, or consolidation of units.
For grassroots trade unions that carry out accounting and bookkeeping according to Guideline No. 22/HD-TLD 2021 and Guideline No. 86/HD-TLD 2023 of the General Confederation, the handover should be carried out as for trade unions directly above the grassroots level.
For grassroots trade unions conducting accounting and bookkeeping according to Guideline 47/HD-TLD 2021 of the General Confederation, the implementation is as follows:
* At the dissolved, merged, or consolidated grassroots trade union
- The grassroots trade union finalizes financial receipts and expenditures up to the point of activity cessation.
- Submit financial statements of receipts and expenditures, financial accumulation (balance of funds in cash, bank deposits, Treasury, remaining amount to be submitted to higher levels, amount to be allocated by higher levels) up to the activity cessation point, seal to the superior trade union that has been decentralized financial management of the grassroots trade union (recording minutes signed by representatives of both parties).
* At the grassroots trade union receiving the merged or consolidated unit
The receiving unit shall proceed to receive the financial and asset handover from the merged or consolidated unit.
- Receive the handover of all accounting documents from the merged or consolidated unit.
- Receive the handover of all accounting data from the merged or consolidated unit.
- Details of some handover contents are as follows:
+ For cash: The unit issues a receiving slip for the entire cash balance handed over from the merged or consolidated unit.
+ For payment deposits: The unit records an increase in deposits corresponding to the amount handed over by the merged or consolidated unit.
+ For receivables and payables: The unit follows receivables and payables handed over to continue monitoring and fulfilling obligations regarding receivables and payables.
+ For trade union funds: The unit receives the handover of funds to continue monitoring.
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Official Dispatch 3199 regarding the handover and accounting when dissolving, merging, or consolidating trade unions in Vietnam promulgated? (Image from the Internet)
Is trade union support deducted when calculating CIT in Vietnam?
According to clause 2.31 of Article 6 of Circular 78/2014/TT-BTC (amended by Article 4 of Circular 96/2015/TT-BTC, Article 1 of Circular 151/2014/TT-BTC, clause 4 of Article 3 of Circular 25/2018/TT-BTC), it is stipulated as follows:
Expenses that are deductible and non-deductible when determining taxable income
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- Non-deductible expenses when determining taxable income include:
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2.30. Expenses that do not correspond to taxable revenue, except for the following expenses:
- Actual expenses for activities to combat HIV/AIDS at the workplace, including: Training costs for HIV/AIDS prevention staff of the enterprise, costs of organizing communication activities on HIV/AIDS prevention for workers of the enterprise, fees for providing counseling, testing, and examination for HIV, support costs for HIV-positive workers.
- Actual expenses for carrying out national defense and security education, training, activities of the self-defense militia, and other national defense and security tasks as stipulated by relevant laws.
- Actual expenses to support Communist Party organizations and socio-political organizations within the enterprise.
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Additionally, according to Article 1 of the Trade Union Law 2012, it is stipulated:
Trade Union
The Trade Union is a broad socio-political organization of the working class and laborers, established voluntarily, a member within the political system of Vietnamese society, under the leadership of the Communist Party of Vietnam; representing officials and public employees, workers, and other laborers (collectively referred to as laborers), alongside state agencies, economic organizations, social organizations to care for and protect the legitimate and legal rights and interests of laborers; participate in state management, socio-economic management, participate in inspection, supervision of state agencies, organizations, units, enterprises; advocate and encourage laborers to study and improve their professional skills, abide by the law, and build and defend the Socialist Republic of Vietnam.
Based on the two provisions above, it can be seen that support costs for the trade union are regarded as support costs for socio-political organizations within the enterprise and are therefore deductible when calculating CIT.
What is the current CIT rate in Vietnam?
According to Article 10 of the Enterprise Income Tax Law 2008 as amended and supplemented by clause 6 of Article 1 of the Amendment Law on Corporate Income Tax 2013, it is stipulated:
Tax Rates
- The corporate income tax rate is 22%, except for cases specified in clauses 2 and 3 of this Article and subjects eligible for tax rate incentives as stipulated in Article 13 of this Law.
Cases subject to the 22% tax rate as specified in this clause are subject to a 20% tax rate from January 1, 2016.
- Enterprises with an annual total revenue not exceeding twenty billion VND apply a 20% tax rate.
The revenue basis to determine enterprises eligible for the 20% tax rate as specified in this clause is the previous year's revenue.
- The corporate income tax rate for activities of searching, exploring, and extracting oil, gas, and other rare and precious resources in Vietnam ranges from 32% to 50%, depending on each project and business establishment.
The Government of Vietnam shall provide detailed regulations and guidance for the implementation of this Article.
Thus, the current CIT rate is 20%, however, for the activities of searching, exploring, and extracting oil, gas, and other rare resources in Vietnam, the CIT rate ranges from 32% to 50%, depending on each project and business establishment.
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