Are tax agents in Vietnam required to have a bachelor’s degree or higher?

Are tax agents in Vietnam required to have a bachelor’s degree or higher?

Based on the provisions of Clause 3, Article 105 of the Law on Tax Administration 2019, a person with a tax procedure service practice certificate working at a tax agency is called a tax agent employee.

According to Clause 1, Article 105 of the Law on Tax Administration 2019, a person who is granted a tax procedure service practice certificate must meet the following standards:

[1] Fully competent in civil acts;

[2] Have a bachelor’s degree or higher in economics, finance, accounting, auditing, or other specialties as stipulated by the Minister of Finance;

[3] Have actual working experience in finance, accounting, auditing, or taxation for 36 months or more after graduating from university;

[4] Pass the exam for the tax procedure service practice certificate.

The exam for the tax procedure service practice certificate includes subjects on tax laws and accounting.

Thus, one of the four conditions for being granted a tax procedure service practice certificate is that the individual must have a bachelor’s degree or higher in economics, finance, accounting, auditing, or other specialties as stipulated by the Minister of Finance.

Note: Persons holding an auditor certificate or accountant certificate issued by competent authorities as per regulations are granted a tax procedure service practice certificate without taking the exam (According to Clause 2, Article 105 of the Law on Tax Administration 2019).

Are tax agents in Vietnam required to have a bachelor’s degree or higher? (Image from the Internet)

Who is not eligible to be a tax agent employee in Vietnam?

According to Clause 4, Article 105 of the Law on Tax Administration 2019, the following persons are not eligible to be tax agent employees:

[1] Officials and public employees; officers, non-commissioned officers, professional soldiers, and defense workers; public defense employees; police officers, non-commissioned officers, and police workers;

[2] Persons who are prohibited from practicing tax procedure services, accounting, and auditing as per legally effective court judgments or decisions; persons being prosecuted for criminal responsibility;

[3] Persons convicted of economic management offenses related to taxation, finance, or accounting who have not had their criminal records expunged; persons subject to administrative measures of education at the commune, ward, commune-level town, placement in a compulsory educational institution, or compulsory detoxification facility;

[4] Persons subject to administrative fines for tax management, accounting, or auditing offenses who have not completed a 6-month period since the date of fulfilling the fine in case of a warning penalty or a 1-year period since the date of fulfilling the fine for other forms of penalties.

What are the regulations regarding the registration for practicing as a tax agent employee in Vietnam?

Based on Article 15 of Circular 10/2021/TT-BTC, the regulations on the registration for practicing as a tax agent employee are as follows:

[1] Principles of registration for practicing as a tax agent employee:

- The registration for practicing tax procedure services is conducted through the tax agent where the registered person is the legal representative of the tax agent or has an employment contract.

- The tax agent employee can practice from the date the Tax Department announces the eligibility for practicing tax procedure services.

- At a given time, a person with a tax procedure service practice certificate can only practice at one tax agent.

- The tax agent employee is not allowed to practice during the suspension or termination of the practice of tax procedure services.

[2] The legal representative of the tax agent is responsible before the law for verifying the information and documents provided by the person registering for tax procedure services practice; confirming the eligibility as stipulated in Article 14 of Circular 10/2021/TT-BTC for tax agent employees.

[3] The tax agent provides information about the tax agent employees to the Tax Department (where the tax agent’s office is located) when registering for a certificate of eligibility for tax procedure service business as stipulated in Article 22 of Circular 10/2021/TT-BTC or when notifying changes in tax agent employee information as stipulated at point a, Clause 8, Article 24 of Circular 10/2021/TT-BTC.