The above are our advice for your case. Accordingly, employees can absolutely file a request to open bankruptcy proceedings if they are late paying wages according to the deadline prescribed by law.

Determine income subject to corporate income tax?

Pursuant to Article 7 of the 2008 Corporate Income Tax Law (amended and supplemented by Clause 4, Article 1 of the Revised Corporate Income Tax Law 2013), stipulates how to determine taxable income as follows:

“Article 7. Determination of taxable income

1. Taxable income in the tax period is determined by taxable income minus tax-exempt income and losses carried forward from previous years.

2. Taxable income is equal to revenue minus deductible expenses. of production and business activities plus other income, including income received outside Vietnam.

3. Income from transfer of real estate, transfer of investment projects, transfer of rights to participate in investment projects, transfer of rights to explore, exploit, and process minerals must be determined separately for tax declaration and payment. investment projects (except transfer of rights to participate in mineral exploration and exploitation projects), income from real estate transfer, if there is a loss, this loss will be offset against profits from production and business activities in the tax period.

The Government shall detail and guide the implementation of this Article.”

Pursuant to Article 4 of the Law on Corporate Income Tax 2008 (supplemented) by Clause 3, Article 1 of the amended Law on Corporate Income Tax 2013), regulations on cases of corporate income tax exemption are as follows:

– Income from farming, animal husbandry, aquaculture, and salt production of cooperatives; income of cooperatives operating in the fields of agriculture, forestry, fishery, and salt production in areas with difficult socio-economic conditions or in areas with particularly difficult socio-economic conditions; Enterprise income from farming, animal husbandry, and aquaculture in areas with particularly difficult socio-economic conditions; income from fishing activities (amended by Clause 2, Article 1 of Law No. 71/2014/QH13 on tax amendments 2014).

– Income from performing technical services directly serving agriculture.

– Income from the performance of scientific research and technology development contracts, products in the trial production period, products made from new technology applied for the first time in Vietnam.

– Income from production and sales of goods and services of enterprises with 30% or more of the average number of employees in the year being disabled people, people recovering from drug addiction, people infected with the virus that causes acquired immunodeficiency syndrome in humans (HIV/AIDS) and having an average number of employees in the year of twenty people or more, excluding enterprises operating in the field of finance and real estate business. (amended and supplemented by Clause 3, Article 1 of the 2013 Law on Corporate Income Tax)

– Income from vocational training activities reserved for ethnic minorities, disabled people, children in extremely difficult circumstances, and subjects of social evils.

– Income is divided from capital contribution activities, joint ventures, and associations with domestic enterprises, after paying corporate income tax according to the provisions of this Law.

– The grant received is used for educational activities, scientific research, culture, art, charity, humanitarian and other social activities in Vietnam.

– Income from the transfer of emission reduction certificates (CERs) of enterprises that are granted emission reduction certificates.- Income from performing State-assigned tasks of the Vietnam Development Bank in development investment credit and export credit activities; income from credit activities for the poor and other policy beneficiaries of the Bank for Social Policies; income of state financial funds and other state funds operating for non-profit purposes according to the provisions of law; income of organizations whose charter capital is 100% owned by the State established by the Government to handle bad debts of Vietnamese credit institutions.

– The undivided income of an establishment carrying out socialization in the field of education – training, health care and other socialized fields is left to invest in the development of that establishment according to the provisions of specialized laws on the field of education – training, health care and other socialized fields; The income forms undivided assets of cooperatives established and operating according to the provisions of the Law on Cooperatives.

– Income from technology transfer in priority areas for transfer to organizations and individuals in areas with particularly difficult socio-economic conditions.

From the information you provide, it is not clear what percentage of disabled employees is. In cases where 30% or more of the average number of employees per year are disabled and the average number of employees per year is twenty or more people, excluding businesses operating in the field of finance and real estate business, your company will be exempt from corporate income tax.

What incentives do businesses that employ disabled people enjoy?

Pursuant to Article 9 of Decree 28/2012/ND-CP, stipulating preferential policies for production and business establishments that employ 30% or more of the total number of disabled workers, specifically as follows: following:

– Funding support for improving suitable working conditions and environments for people with disabilities according to regulations of the Ministry of Labor, War Invalids and Social Affairs. The level of support depends on the proportion of people with disabilities working stably at production and business establishments, the level of disability of workers and the scale of production and business establishments according to regulations of the Prime Minister.

The Chairman of the People’s Committee of the province and centrally run city (hereinafter referred to as the Provincial People’s Committee) decides on the level of funding to support the improvement of working conditions and environment for production and business establishments that employ 30% or more of the total number of workers with disabilities;

– Exemption from corporate income tax according to tax laws;

– Preferential loans under production and business development projects from the Bank for Social Policies. Loan conditions, loan term, loan amount and loan interest rate comply with current regulations applicable to loan projects to create jobs;

– Priority is given to leasing land, premises, and water surface according to the provisions of law;

– Exemption from renting land, premises, and water surface serving production and business for production and business establishments that employ 70% or more of disabled workers. 50% reduction in rent for land, premises, and water surface serving production and business for production and business establishments that employ from 30% to less than 70% of disabled workers.

During the period of exemption or reduction of land, premises, and water surface rents, production and business establishments are not allowed to convert, transfer, donate, donate, or lease land, premises, and water surface use rights; Do not mortgage, pledge, guarantee, contribute capital to joint ventures or associations with land use rights, premises, or water surface according to the provisions of land law.

In addition, to encourage agencies, organizations, and businesses to accept people with disabilities to work, Article 10 of Decree 28/2012/ND-CP stipulates preferential policies for businesses, administrative agencies, and public service units that employ 10 people with disabilities to work stably, specifically as follows:

– For businesses that employ 10 or more people with disabilities who work stably, they will enjoy preferential policies including:

+Funding support for improving suitable working conditions and environments for people with disabilities according to regulations of the Ministry of Labor, War Invalids and Social Affairs. The level of support depends on the proportion of people with disabilities working stably at production and business establishments, the level of disability of workers and the scale of production and business establishments according to regulations of the Prime Minister.

+ Preferential loans under production and business development projects from the Bank for Social Policies. Loan conditions, loan term, loan amount and loan interest rate comply with current regulations applicable to loan projects to create jobs;

– For administrative agencies and public service units, they enjoy the following policies: Funding support for improving suitable working conditions and environments for people with disabilities according to regulations of the Ministry of Labor, War Invalids and Social Affairs. The level of support depends on the proportion of people with disabilities working stably at production and business establishments, the level of disability of workers and the scale of production and business establishments according to regulations of the Prime Minister.