Circular 29/2014/ttlt-Bgddt-Btc-Bldtbxh: Regulations On Financial Management, Accounting, Auditing And Tax Cooperation, Foreign Investment In The Fields Of Education, Training And Teaching Fas ...

Original Language Title: Thông tư liên tịch 29/2014/TTLT-BGDĐT-BTC-BLĐTBXH: Quy định về quản lý tài chính, kế toán, kiểm toán và thuế đối với hợp tác, đầu tư của nước ngoài trong lĩnh vực giáo dục, đào tạo và dạy ngh...

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CIRCULAR rules of financial management, accounting, auditing and tax cooperation, foreign investment in the fields of education, vocational training and _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 36/2012/ND-CP dated 18 April 2012 of the Government, functions, tasks, powers and organizational structure of the Ministry , ministerial bodies;
Pursuant to Decree No. 32/2008/ND-CP of March 19, 2008, the Government's regulatory functions, tasks, powers and organizational structure of the Ministry of education and training;
Pursuant to Decree No. 215/2013/ND-CP on December 23, 2013, the Government's regulatory functions, tasks, powers and organizational structure of the Ministry of finance;
Pursuant to Decree No. 106/2012/ND-CP dated 20 December 2012, the Government's regulatory functions, tasks, powers and organizational structure of the Ministry of labor, invalids and Social Affairs;
Pursuant to Decree No. 73/2012/ND-CP dated 26 September 2012 of the Government rules on cooperation, foreign investment in the field of education.
The Minister of education and training, the Minister of finance and the Minister of labor, invalids and Social Affairs issued a circular regulating the financial management, accounting, auditing and tax cooperation, foreign investment in the field of education and vocational training, , chapter I GENERAL PROVISIONS article 1. Scope and objects 1. Scope this circular regulations on financial management, accounting, auditing and taxation for the institution to join the training links with foreign institutions have invested abroad in the collaborations, investing in the field of education, and vocational training.
2. Subjects of application this circular applies to pre-school education establishments, general education, vocational education, higher education and continuing education (hereinafter referred to as the institutions), international organizations are allowed to operate in partnership, investing in the field of education and vocational training, and organizations and individuals concerned.
Article 2. Accounting educational institutions are allowed to operate training links with foreign institutions have invested abroad to perform accounting pursuant to the accounting Act and the text of the current guidelines; apply the accounting mode due to the Ministry of Finance issued match the operating model of each base.
Article 3. Audit of financial activity in the training links with foreign countries, the financial statements of the institutions have invested abroad must be audited by auditing enterprises operating legally in Vietnam under the provisions of the law on the independent audit and the text of the current guidelines. The institution is responsible for sending the attached financial statement audit reports for State administration directly about vocational education.
Article 4. Tax education establishments are allowed to operate training links with foreign institutions have invested abroad are entitled to the tax incentives and responsible implementation of tax obligations under current provisions of the tax legislation.
Chapter II FINANCIAL MANAGEMENT EDUCATIONAL ESTABLISHMENTS PARTICIPATE in TRAINING with FOREIGN article 5. Sources of training activities 1. Revenue from tuition and fees.
2. non-refundable aid, gifts, for institutions and individuals in and outside the country under the rule of law.
3. The other legitimate source of revenue under the provisions of the law.
4. All proceeds to link training (related activities links made in Vietnam) must be transferred to the account of the affiliate base open in Vietnam's credit institutions in Vietnam.
Article 6. The content of training activities 1. Genus regularly for training activities include: salaries, wages, salary, allowances, deductions for social insurance, health insurance, funding unions and other legal rights of teachers, trainers and employees participate in training activities; public services, Office products, business expenses (including raw materials, fuel, power, water, to teach theory and practice), the depreciation of fixed assets, loan interest rate, paying interests on the loan in the form of mobilization of cadres, officers served the training activities.
2. Spending on scientific research, production activities, the provision of services.
3. The genus build, renovate, upgrade the facilities; stores, repair of fixed assets, equipment to maintain and develop training activities.
4. Other expenses under the provisions of the law (if any).
Article 7. Financial management 1. The institutions involved are links to specific income levels decisions under the principle of ensuring sufficient to offset the cost of training activities and has accumulated to reinvest and grow. The level of tuition fees of the entire course must be public with the school before enrollment.
2. educational institutions participated in the link building training costs (of which a minimum of must have content about salaries, remuneration for teachers, lecturers and employees; the investment facility teaching devices; school materials and study materials; to check, read for reviews , quality control for education) on the basis that meets the conditions to ensure the quality of training, in line with the content of the profile link has been approved by the authority in accordance with article 16 of Decree 73/2012/ND-CP dated 26 September 2012 of the Government regulation on cooperation foreign investment in the field of education (hereinafter referred to as the Decree No. 73), ensure the practical requirements, savings, efficiency, ensure the minimum wage for workers to participate in training activities with foreign countries.
3. The level of incomes and expenses, regulations on use of the larger revenue disparity genus; property management regulations in operation links must be reflected in internal spending regulation of participating establishments linked to as the basis for the bar, settlement, inspection and monitoring of financial activities. The content currency, must have bills, vouchers, documents, legal accounting pursuant to the accounting Act and the text of the current guidelines.
4. provide property capital contribution of training the participants link must be managed, the wear and tear or depreciation in accordance with decision No. 32/2008/QD-BTC dated 29/5/2008 of the Ministry of Finance issued a management regime, the wear and tear of fixed assets in State agencies , business units and public organizations have used the State budget, circular No. 45/2013/TT-BTC on 25/4/2013 of the Ministry of finance about the management mode instructions, use and depreciation of fixed assets.
5. The participating institutions training links with foreign countries have a responsibility to make public financial income as specified in circular No. 03/2009/TT-BGDDT on May 7, 2009 by the Minister of education and training issued a regulation made public with regard to the institution of the national education system and other existing regulations on financial publicity.
6. Every year, after the cover the expenses, tax and other regulatory filing, the parties involved links are using the larger income disparity (if any) under the agreement (contract) signed cooperation.
The foreign parties involved links are allowed to move abroad for part of the profit to be divided in accordance with circular No. 186/2009/TT-BTC dated 18/11/2010 of the Ministry of Finance shall guide the implementation of the transfer of profits abroad by organizations and individuals who profit from the foreign direct investment in Vietnam under the provisions of the investment law and comply with the rules on Foreign Exchange Management.
Chapter III FINANCIAL MANAGEMENT EDUCATIONAL ESTABLISHMENTS HAVE FOREIGN INVESTMENT article 8. The institution's revenue invested abroad 1. Revenue from tuition and fees.
2. Revenues from scientific research, technology transfer, production and service.
3. non-refundable aid, gifts, for individual institutions in and outside the country under the rule of law.
4. The interest rate is split from the joint venture activities, links, interest rates on bank deposits.
5. The other legitimate source of revenue under the provisions of the law of Vietnam (if available).
Article 9. Genus content of vocational education foreign-invested 1. Genus frequently for educational activities, training, including salary, wages, salary, allowances, deductions for social insurance, health insurance, funding unions and other interests of teachers, trainers and employees under current rules; public services, Office products, business expenses (including raw materials, fuel, power, water, to teach theory and practice); depreciation of fixed assets; payment of interests on loans and lease expenses.
2. Spending on scientific research, production activities, the provision of services.
3. investment and development Expenditure including investment expenditure to build infrastructure, procurement of fixed assets, equipment, repairs, restoration of infrastructure, the implementation of the investment project to maintain and develop training activities.
4. Payment of interest on loans, interest on capital for educational activities, training in Vietnam;
5. Other expenses under the provisions of the law of Vietnam (if available).
Article 10. Financial management 1. The institution is a foreign-invested unit of autonomy, responsible for finance; allowed to open accounts in foreign currencies and coins to credit institutions in Vietnam are allowed to service operating under the provisions of the law of Vietnam.
2. Educational institutions have invested abroad were to decide the specific income levels under the principle of ensuring sufficient to offset costs and have accumulated to reinvest and grow. The level of tuition fees of the entire course must be public with the school before enrollment.
3. Based on the function, the unit's mission and the potential financial resources, educational institutions have invested abroad is to decide the level of expenditure on the basis of satisfying the conditions to ensure the quality of training, in line with the content of the registration records of the education activity was approved. Costs must be reflected in the spending of the internal regulations of the institution. The content currency, must have bills, vouchers, documents, legal accounting pursuant to the accounting Act and the text of the current guidelines.

4. The institution has invested abroad is responsible for extracting the Scholarship Foundation promotes learning with minimum 2% of the total tuition fees. Every year, when settlement, the funds not expended or improper use of this purpose are added to income disparity greater than expenditure of educational institutions have invested abroad. Only the expenses from the Scholarship Fund to encourage correct learning new purposes are calculated into costs are deducted in determining taxable income business income during the tax period.
5. higher education establishments and vocational education foreign-invested responsibly quoted up science and technology development fund as specified in clause 11 article 1 of law amendments and supplements to some articles of the law on corporate income tax and the writing guide.
6. The institution of foreign-invested responsibly made public financial income as specified in circular No. 03/2009/TT-BGDDT on May 7, 2009 by the Minister of education and training issued a regulation made public with regard to the institution of the national education system and other regulations on financial publicity.
7. foreign investors invest in the facility have foreign capital are allowed to move abroad for part of the profit is split after having fully pay taxes, complete the financial obligations for the State of Vietnam and in compliance with the regulations on Foreign Exchange Management.
Chapter IV IMPLEMENTATION article 11. Responsibility 1. The Ministry of education and training is responsible for: a) proactive, timely detection and coordinated with the Ministry of finance to consider, handle the problems arising in relation to the financial management for collaboration, foreign investment in the field of education specified in this circular; in case of need, the proposed additional amendments.
b) Organization of periodic inspection, testing and training establishments, educational institutions have foreign capital operate in the field of education.
c) presiding, in cooperation with the Ministry of finance, Ministry of labor, invalids and Social Affairs review, reviews the implementation of the regulations on financial management for collaboration, foreign investment in the field of education, and vocational training.
2. The Ministry of labour, invalids and Social Affairs is responsible for: a) proactive, timely detection and coordinated with the Ministry of finance to consider, handle the problems arising in relation to the financial management for collaboration, foreign investment in the field of vocational training provided in this circular. In case of need, the proposed additional amendments.
b) Organization of periodic inspection, testing and training establishments, vocational invested abroad.
c) in collaboration with the Ministry of education and training, the Ministry of finance review, reviews the implementation of the regulations on financial management for collaboration, foreign investment in the field of education, and vocational training.
3. The Ministry of finance is responsible for: coordination with the Ministry of education and training, Ministry of labor, invalids and Social Affairs review, reviews the implementation of the regulations on financial management for collaboration, foreign investment in the field of education, and vocational training.
4. provincial people's Committee, central cities are responsible for: a) the direction, guidance, implementation, periodic reports and six months of every year with the central ministries on the operation of foreign investment cooperation in the fields of education, vocational education and training locally.
b) test, monitoring the implementation of the financial obligations, labour relations in money wages, protection of rights, legitimate interests of workers and employers; in collaboration with the ministries made the investment projects in the fields of education, vocational training, locally.
Article 12. Terms of implementation 1. This circular effect since October 10, 2014.
2. where the reference text in this circular are replaced or modified, supplemented the following replacement text or modify, supplement it.
The problems arising during the implementation of this circular should be reflected in timely about the Ministry of education and training to host, in cooperation with the Ministry of finance, Ministry of labor, invalids and Social Affairs to study the resolution.