THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 180/2012/TT-BTC
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Hanoi, October 24th 2012
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CIRCULAR
GUIDING THE FINANCIAL SETTLEMENT OF
REDUNDANCY PAYS GIVEN TO EMPLOYEES
Pursuant to the Labor Code dated June 23rd 1994, the Law on
amending and supplementing a number of articles of the Labor Code dated April
02nd 2002; the Law on amending and supplementing a number of
articles of the Labor Code dated November 19th , 2006;
Pursuant to the Labor Code dated June 18th 2012;
Pursuant to the Government's Decree No. 39/2003/NĐ-CP
dated April 18th 2012 detailing the
implementation of a number of articles of the Labor Code applicable to
employments;
Pursuant to the Government's Decree No.
118/2008/NĐ-CP dated November 27th 2008, defining the functions,
tasks, powers and organizational structure of the Ministry of Finance;
Pursuant to the Government's Decree No. 122/2011/NĐ-CP
dated December 27th 2012 amending
and supplementing a number of articles of the
Decree No. 124/2008/NĐ-CP dated December 11th 2008 detailing and
guiding the implementation of a number of articles of the Law on Enterprise income tax;
At the proposal of the Director of the Department of Enterprise Finance
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Article 1. Subjects of application and scope of regulation
1. This Circular guides the financial
settlement of redundancy pays given to employees in the enterprise
established and operated in patients as prescribed by law.
2. For the joint-venture enterprises established based on the Agreements
signed between the Government of the Socialist Republic of Vietnam and another
Government, if the provisions on redundancy pay in such agreements is
inconsistent with this Circular, such Agreements shall apply.
Article 2. The bases for determining that the redundancy pay may be
included in the expense
1. The redundancy pay given to employees when the enterprise changes its
structure or technology as prescribed in Clause 1 Article 17 of the Labor Code
1994, Article 11 of the Government's Decree No. 39/2003/NĐ-CP
dated April 18th 2003 detailing and guiding the implementation of a
number of articles of the Labor Code applicable to employments.
2. The redundancy pay given to the employees that started to work on
December 31st 2008 and earlier is calculated as guided in the
Circular No. 39/2009/TT-BLĐTBXH dated November 18th
2009 of the Ministry of Labor, War Invalids and Social Affairs, guiding the
implementation of Article 12 of the Government's Decree No.
39/2003/NĐ-CP dated April 18th 2003 detailing and guiding the
implementation of a number of articles of the Labor Code applicable to employments.
3. When the Labor Code No. 10/2012/QH13 passed by the
8th National Assembly of the Socialist Republic of Vietnam in the 3rd
session on June 18th 2012 takes effect, and the documents stated
above are superseded, the redundancy pay is calculated as guided in the new
documents.
Article 3. The financial settlement of redundancy pay and the balance of the provision fund for
redundancy pay
1. When the expense on redundancy pay arises, the
enterprise may include the redundancy pay given to employees as prescribed in
this Circular to the enterprise management cost, and may deduct it when
calculating the income subject to enterprise income tax.
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2. When an enterprise changes its structure or technology and make a
massive redundancy, if the enterprise suffer a loss after including the
redundancy pay to the expense (excluding the amount of the provision fund for
redundancy pay being given), then it may distribute the amount used for giving
redundancy pay to employees to the enterprise management cost in the succeeding
years. The distribution period must not exceed 3 years.
Article 4. Methods of recording redundancy pay given to employees
The methods of recording redundancy pay given to employees must comply
with the regime for enterprise accounting promulgated together with the
Decision No. 15/2006/QĐ-BTC dated March 20th
2006 of the Minister of Finance, and this Circular. In particular:
a. When giving redundancy pay to employees from the fund balance on
December 31st 2011, write:
Liability - Account 351 – Fund of Redundancy pay
Asset - Account 111, 112,…
b. The redundancy pay given to employees in the fiscal year being recorded
in the enterprise management cost:
Liability - Account 642 – Enterprise management cost
Asset - Account 111, 112,…
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Liability - Account 242 – Long-term prepaid expenses.
Asset - Account 111, 112,…
When distributing, write:
Liability - Account 642 – Enterprise management cost
Asset - Account 242 – Long-term prepaid
expenses.
d. The balance of the Provision fund for redundancy pay of the enterprise
(if any) when making the annual financial statement 2012 recorded as other
incomes:
Liability - Account 351 – Fund of Redundancy pay
Asset - Account 711 – Other incomes
Article 5. Effects
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2. This Circular supersedes the Circular No. 82/2003/TT-BTC dated
August 14th 2003 of the Ministry of Finance guiding the
establishment, management, use, and accounting of the provision fund for
redundancy pay.
3. Agencies and enterprises are recommended to send
feedbacks on the difficulties arising during the course of implementation to
the Ministry of Finance for consideration and settlement./.
FOR THE MINISTER
DEPUTY MINISTER
Tran Van Hieu