Can director of a single member limited liability company also be chief accountant in Vietnam?

1. Can director of a single member limited liability company also be chief accountant in Vietnam?

Article 52 of the 2015 Accounting Law stipulates that people prohibited from practicing accounting are as follows:

The following people are prohibited from practicing accounting:

1. Minors; people who completely or partly lose their civil capacity as declared by the court; people forcibly sent to reform schools or rehabilitation centers.

2. People banned from practicing accounting under an effective court’s judgment or decision; people undergoing criminal prosecution; people sentenced to imprisonment or were convicted of economic crimes or other crimes related to finance, accounting and have not had their criminal records expunged.

3. Parents, adoptive parents, spouses, children, siblings of the legal representative, head, Director, General Director, deputies of the head, Deputy Director, Deputy General Director in charge of finance – accounting, and the chief accountant of the same accounting unit, except for private enterprises, single-member limited liability companies owned by individuals, and other cases specified by the Government.

4. People holding the position of managers, executive officers, treasurers, warehouse-keepers, buyers or sellers of assets in the same accounting unit except for private enterprises, single-member limited liability companies owned by individuals, and other cases specified by the Government.

According to Clause 1, Article 54 of the 2015 Accounting Law, a chief accountant must meet the standards below:

a) Meet the standards specified in Clause 1 Article 51 of this Law;

b) Have at least an associate degree in accounting;

c) Have a certificate of training in chief accountant’s techniques;

d) The holder of a bachelor’s degree in accounting must have at least 02 years’ experience of accounting works; the holder of an associate degree in accounting must have at least 03 years’ experience of accounting works.

Thus, if you are the director of a single-member limited liability company, you can still be chief accountant if you meet the qualifications and conditions of a chief accountant according to the provisions of the law mentioned above in Vietnam.

2. What are rights and obligations of chief accountants in Vietnam?

Pursuant to Article 55 of the 2015 Accounting Law, rights and obligations of chief accountants are as follows:

1. A chief accountant has the responsibility to:

a) Comply with regulations of law on accounting and finance of accounting units;

b) Organize the operation of the accounting apparatus in accordance with this Law;

c) Make financial statements in accordance with accounting regimes and accounting standards.

2. The chief accountant has the right to perform accounting works independently.

3. Chief accountants of regulatory agencies, organizations and public service agencies using state budget, and enterprises whose over 50% charter capital is held by the State, apart from the rights specified in Clause 2 of this Article, also have the right to:

a) Offer opinions in writing about employment, reassignment, pay raise, commendation, and disciplinary actions for accountants, warehouse-keepers, and treasurers;

b) Request relevant departments of the accounting unit to provide adequate documents related to the chief accountant’s accounting works and financial supervision works in a timely manner;

c) Preserve his/her opinions in writing if they are at odds with that of the decision maker;

d) Submit written reports to the legal representative of the accounting unit on discovered violations against regulations of law on finance and accounting in the unit. If the decision has to be complied with, the report shall be sent to the person superior to the decision maker or a competent authority. In this case the chief accountant is not responsible for the implementation of such decision.

When becoming a chief accountant in Vietnam, you will have the above rights and obligations.

Best Regards!