In case the agency has only 01 acting chief accountant, is it eligible to appoint a chief accountant?
What is acting chief accountant?
Pursuant to Article 20 of Decree 174/2016/ND-CP of Vietnam on acting chief accountant:
- An accounting unit must have a chief accountant, except for those specified in Clause 2 of this Article. In the cases where a unit is not able to appoint a chief accountant at the time, it may appoint an acting chief accountant or outsource chief accountant works. An acting chief accountant will hold the position for up to 12 months, after which a chief accountant shall be appointed.
- Acting chief accountant:
+ An accounting unit that has only one accountant or part-time accountant, budget accounting and finance units of communes shall appoint only acting chief accountants, not chief accountants.
+ Extra-small enterprises defined by the law on provision of assistance for small and medium enterprises may appoint acting chief accountants without having to appoint chief accountants.
- Time limit for appoint chief accountants of state accounting units and acting chief accountant of the unit mentioned in Clause 2a of this Article is 5 years; regulations of law on reappointment of chief accountants and acting chief accountants shall be complied with after such time.
- When replacing a chief accountant or acting chief accountant, the legal representative or manager of the accounting unit shall transfer the tasks and accounting documents from the old chief accountant or acting chief accountant to the new one; inform relevant departments of the unit; inform the organizations where its accounts are opened of the full name and specimen signature of the new chief accountant or acting chief accountant. The new chief accountant or acting chief accountant shall take over the accounting tasks from the transfer date. The old chief accountant or acting chief accountant is still responsible for the accounting tasks they performed.
- The Ministry of Home Affairs shall provide instructions on tasks, power of chief accountants and acting chief accountants of state accounting units, procedures for appointment, reappointment, dismissal and replacement thereof.
Acting chief accountant
Who is chief accountant?
Pursuant to Article 53 of the Law on Accounting 2015 of Vietnam on chief accountant:
“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.”
According to the regulations, the chief accountant is the head of a unit’s accounting apparatus and in charge of execution of accounting works therein. 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; 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.
In case the agency has only 01 acting chief accountant, is it eligible to appoint a chief accountant?
Pursuant to Clause 2 Article 20 of Decree 174/2016/ND-CP of Vietnam on acting chief accountant:
“Article 20. Chief accountants and acting chief accountant
[…]
2. Acting chief accountant:
a) An accounting unit that has only one accountant or part-time accountant, budget accounting and finance units of communes shall appoint only acting chief accountants, not chief accountants.
b) Extra-small enterprises defined by the law on provision of assistance for small and medium enterprises may appoint acting chief accountants without having to appoint chief accountants.
[…]”
Simultaneously, Clause 2 Article 3 of Decree 174/2016/ND-CP of Vietnam specifies:
“Article 3. Definitions
[…]
2. A state accounting unit means state budget authority (State Treasuries, tax authorities, customs authorities); budget accounting and finance units of communes, regulatory bodies, public service agencies, units using state budget; project management boards having legal status established by regulatory bodies or public service agencies; organizations managing off-budget financial fund; organizations funded by the State to pursue certain political – social objectives.”
According to the above regulations, in case your agency which has 01 acting chief accountant is not eligible to appoint a chief accountant.
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