Conditions for issuance of the Certificate of eligibility to provide accounting services

Conditions for issuance of the Certificate of eligibility to provide accounting services

dich-vu-thanh-lap-cong-ty-nuoc-ngoai1. A multi-member limited liability company shall be granted the Certificate of eligibility to provide accounting services after all of the conditions below are satisfied:

a) The company has a Certificate of Enterprise Registration, Investment Registration Certificate, or an equivalent document as prescribed by law;

b) At least two capital contributors (members) are accounting practitioners;

c) The legal representative, Director or General Director of the company is an accounting practitioner;

d) The accounting practitioners’ holdings in the enterprise, the holdings of members being organizations are conformable with regulations of the Government.

2. A partnership shall be granted the Certificate of eligibility to provide accounting services after all of the conditions below are satisfied:

a) The partnership has a Certificate of Enterprise Registration, Investment Registration Certificate, or an equivalent document as prescribed by law;

b) At least two general partners are accounting practitioners;

c) The legal representative, Director or General Director of the partnership is an accounting practitioner.

3. A private enterprise shall be granted the Certificate of eligibility to provide accounting services after all of the conditions below are satisfied:

a) The enterprise has a Certificate of Enterprise Registration, Investment Registration Certificate, or an equivalent document as prescribed by law;

b) There are at least two accounting practitioners in the enterprise;

c) The owner of the private company, who holds the position of Director, is an accounting practitioner.

4. A branch in Vietnam of a foreign accounting firm shall be granted the Certificate of eligibility to provide accounting services after all of the conditions below are satisfied:

a) The foreign accounting firm is permitted to provide accounting services according to regulations of law of its home country;

b) There are at least two accounting practitioners, including the Director or General Director of the branch;

c) The Director or General Director of the branch does not concurrently hold the position of manager or executive officer of another enterprise in Vietnam;

b) The foreign accounting firm has submitted a document to the Ministry of Finance that it is responsible for every obligations and commitments of the branch in Vietnam.

5. Within 06 months from the date of accounting service registration, if the accounting firm or branch of a foreign accounting firm is not granted the Certificate of eligibility to provide accounting services, or the Certificate of eligibility to provide accounting services has been revoked, the accounting firm or branch of a foreign accounting firm must promptly request the business registration authority to remove the phrase “dịch vụ kế toán” (“accounting services”) from its name.

Article 61. Application for Certificate of eligibility to provide accounting services

1. An application form for the Certificate of eligibility to provide accounting services.

2. Copies of the Certificate of Enterprise Registration, Investment Registration Certificate, or an equivalent document.

3. Copies of Certificates of Accounting Practice Registration of accounting practitioners.

4. Employment contracts between the accounting firm and accounting practitioners.

5. Documents proving capital contribution (for limited liability companies).

6. The company’s charter (for partnerships and limited liability companies).

Dịch vụ kế toán

Dịch vụ kế toán

7. A written commitment to take responsibility by the foreign firm; documents proving the foreign firm is permitted to provide accounting services (for branches in Vietnam of foreign accounting firms).

Article 62. Deadline for issuance of Certificate of eligibility to provide accounting services

1. Within 15 days from the receipt of the satisfactory application, the Ministry of Finance shall issue the Certificate of eligibility to provide accounting services. If the application is rejected, explanation must be provided in writing.

2. If the application needs clarifying, the Ministry of Finance shall request the applicant to provide explanation. The time limit for issuance of the Certificate of eligibility to provide accounting services begins from the date of receipt of additional documents.