Chương III Luật Kế toán 2015: Tổ chức bộ máy kế toán và người làm kế toán

Chapter III

ORGANIZATION OF ACCOUNTING APPARATUS AND ACCOUNTANTS

Article 49. Organization of accounting apparatus

1. Every accounting unit must organize the accounting apparatus, appoint accountants, or purchase external accounting services.

2. The organization of the accounting apparatus, appointment of accounting, the chief accountant, accounting practitioners, or purchase of accounting services or chief accountant’s services shall comply with regulations of the Government.

Article 50. Responsibilities of accounting unit’s legal representative

1. Organize the accounting apparatus, appointment of accountants, or decide to hire accounting firms or accounting households in accordance with this Law.

2. Appoint the chief accountant or purchase chief accountant’s services in accordance with this Law, unless otherwise prescribed by other laws.

3. Organize and direct accounting works in the accounting unit in accordance with regulations of law on accounting and take responsibility for the damage caused by the legal representative’s misconduct; take joint responsibility for misconduct by others people under the legal representative’s management.

4. Organize internal accounting inspection and accounting inspection of inferior units.

Article 51. Standards, rights and obligations of accountants

1. Every accountant must meet the standards below:

a) Comply with professional ethics, be truthful, integrated, and abide by law.

b) Have professional accounting knowledge and skills.

2. Accountants have the right to perform accounting works independently.

3. Accountants must comply with regulations of law on accounting, perform given tasks, and take responsibility for their performance. When an accountant is replaced, the replaced accountant shall hand over his/her works and documents to the replacing accountant. The replaced accountant is still responsible for the accounting works done during his/her practice.

Article 52. People prohibited from practicing accounting

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.

Article 53. Chief accountant

1. The chief accountant is the head of a unit’s accounting apparatus and in charge of execution of accounting works therein.

2. 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 tasks specified in Clause 1 of this Article, are also responsible for assisting the accounting units’ legal representatives in financial supervision of the accounting units.

3. The chief accountant is subject to direction by the accounting unit’s legal representative and also direction and inspection by the chief accountant of the superior accounting unit, if any, in terms of professional works.

4. Where the chief accountant is replaced by another accountant, such accountant must satisfy the standards and conditions specified in Clause 1 Article 54 of this Law, and perform the chief accountant’s rights and obligations specified in Article 55 of this Law.

Article 54. Standards and conditions for chief accountants

1. 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.

2. The Government shall specify standards and conditions for chief accountants that suit each type of accounting units.

Article 55. Rights and obligations of chief accountants

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.

Article 56. Purchase of accounting services and chief accountant’s services

1. An accounting unit may enter into a contract with an accounting firm or accounting household to provide accounting services or chief accountant’s services in accordance with law.

2. The purchase of accounting services or chief accountant’s services must be made into a contract in accordance with law.

3. The accounting unit that purchases accounting services or chief accountant’s services shall provide adequate and accurate information and documents related to such services and fully pay for the services as agreed in the contract.

4. The hired chief accountant must satisfy the standards and conditions specified in Article 54 of this Law.

5. Accounting firms, accounting households, hired accountants, and hired chief accountants are responsible for accounting information and data as agreed in the contracts.