During the waiting period for the issuance of the Decree guiding the detailed provisions of the Accounting Law, the Ministry of Finance continues to solicit opinions on the Draft Circular regarding the order and procedures for issuing, revoking, and managing the practice registration certificate for accounting services, thereby contributing to the efficient implementation of the current Accounting Law.
According to the provisions in Clause 2, Article 58 of the Accounting Law 2015, individuals holding a practicing certificate as an accountant or auditor who meet the following conditions, upon registration, are issued a Practicing Certificate for Accounting Service Practice:
- Having full civil act capacity;- Having at least 36 months of practical experience in finance, accounting, auditing from the time of university graduation;- Having participated in the complete knowledge update program as prescribed.
The Draft Circular stipulates the application dossier for registration to practice accounting services, including the following documents:
- Application form for a Practicing Certificate for Accounting Service Practice as specified in Appendix No. 01/DKHN issued together with this Circular.- A copy of the full-time labor contract at the accounting service business enterprise, accounting service household business (except for individuals not required to have a labor contract under labor law).- A copy of the practicing certificate as an accountant or auditor.- 02 color photos (3x4cm) taken on a white background, not exceeding six (06) months from the date of application submission.- A copy of the Resignation Decision or Termination Decision of the labor contract at the previous workplace before registering for the practice of accounting services.- A copy of the work permit in Vietnam for foreign applicants registering for accounting service practice (except for cases where Vietnamese labor law does not require a work permit).- Documents proving the knowledge update hours of the applicant for accounting service practice at professional organizations for accountants in cases where the knowledge update hours are counted.
Regarding the labor contract, the Draft clarifies that individuals holding practicing certificates as accountants or auditors are considered to have a full-time labor contract at an accounting service business enterprise or accounting service household business when:
- The labor contract signed between the certificate holder and the accounting service business enterprise or accounting service household business must ensure compliance with the Labor Code provisions;- The working hours stipulated in the contract and actual daily and weekly working hours of the certificate holder must be appropriate and consistent with the daily and weekly working hours of the accounting service business enterprise or accounting service household business where the certificate holder is registered for practice;- Not simultaneously acting as a legal representative, director (general director), chairman of the board of directors, chairman of the members' council, chief accountant (or in charge of accounting), accountant staff, internal auditor, or holding other titles at different units or organizations during the actual daily and weekly working hours at the accounting service business enterprise or accounting service household business as specified above.
As a principle, individuals registering for accounting service practice must take responsibility for the information declared in the application dossier for accounting service practice. Additionally, the accounting service business enterprise, representative of the accounting service household business, or authorized representative of the legal representative of the accounting service business enterprise, authorized representative of the accounting service household business, and other related organizations and individuals confirming information in the application dossier for accounting service practice, must be jointly responsible for the accuracy of the confirmed information.