Conditions for Business in Accounting Services of an Enterprise

 Legal Based:

• Law on Accounting 2015;

• Circular 297/2016/TT-BTC on granting, management and usage of certificates of eligible for providing accounting services.

1. Form of business

a. An accounting firm may be established in the form as follows:

• A multi-member limited liability company;

• A partnership;

• A private enterprise.

The accounting firm must not contribute capital to establishment of another accounting firm, except for contribution of capital together with a foreign accounting firm to establishment of an accounting firm in Vietnam.

b. A foreign accounting firm is allowed to provide accounting services in Vietnam as follow manners:

• Contributing capital together with an existing accounting firm in Vietnam to establish an accounting firm;

• Establishing branches of the foreign accounting firm;

• Provide accounting services across the border as prescribed by the Goverment.

2. Conditions for granting Certificate of eligibility to provide accounting services

a. For a multi-member limited liability company

• Having an Enterprise Registration Certificate, Investment Registration Certificate or an equivalent document as prescribed by law;

• Having at least two capital contributors (members) are accounting practitioners;

• The legal representative, director or general director of the company is an accounting practitioner;

• Ensuring the proportion of capital contribution by accounting practitioners over 50%; Ensuring the maximum proportion of captital contribution of organization members equal to 35% of charter of an accounting firm.

b. For a partnership

• Having an Enterprise Registration Certificate, Investment Registration Certificate or an equivalent document as prescribed by law;

• Having at least two general partners are accounting practitioners;

• The legal representative, Director or General Director of the partnership is an accounting practitioner.

c. For a private enterprise

• Having an Enterprise Registration Certificate, Investment Registration Certificate or an equivalent document as prescribed by law;

• Having at least two accounting practitioners in the enterprise;

• The owner of the private company, who holds the position of Director, is an accounting practitioner.

d. A branch in Vietnam of a foreign accounting firm

• The foreign accounting firm is permitted to provide accounting services according to regulations of law of its home country;

• Having at least two accounting practitioners, including the Director or General Director of the branch;

• The Director or General Director of the branch does not concurrently hold the position of manager or executive officer of another enterprise in Vietnam;

• The foreign accounting firm has submitted a document to the Ministry of Finance that it is responsible for every obligations and commitments of the branch in Vietnam.

3. Granting Certificate of eligibility for business in accounting services

a. Preparation of Dossier

• An application form for the Certificate of eligibility to provide accounting services;

• Copies of the Certificate of Enterprise Registration, Investment Registration Certificate, or an equivalent document;

• Copies of Certificates of Accounting Practice Registration of accounting practitioners;

• Employment contracts between the accounting firm and accounting practitioners;

• Documents proving capital contribution (for limited liability companies);

• The company’s charter (for partnerships and limited liability companies);

• A written commitment to take responsibility by the foreign firm; documents proving the foreign firm is permitted to provide accounting services (for branches in Vietnam of foreign accounting firms).

b. Order and procedure

• Enterprises submit dossier to Ministry of Finance;

• Within 15 days form the day of receiving valid dossier. Ministry of Finance shall issue the Certificate of eligibility to provide accounting services to enterprises;

• In case need to clarify the matters related to the dossier. Ministry of Finance shall request enterprises to explain and then granting Certificate to enterprise within 15 days form the day of receiving the valid additional document.