Process for applying for a Certificate of eligibility to provide accounting services
According to the provisions of Clause 13, Article 3 of the Law Accountant 2015, accounting service business is the provision of accounting and accounting services accountant Manager, prepare financial reports, provide accounting consultancy and other tasks within the scope of accounting work according to the provisions of this Law for organizations and individuals in need. Accounting services are a service industry with great demand in the economy, especially in the context that the majority of businesses in Vietnam are small and medium enterprises. Finding and using accounting services will help businesses reduce costs and simplify their organizational structure. However, accounting service business is a conditional business. For the convenience of customers who need to find out information about establishing an accounting service business, Dao Viet Law Firm (DaviLaw) would like to synthesize and send to customers a number of related regulations. as follows:
Condition open a company accounting service business:
- Company form: For businesses providing accounting services, this is only possible establish a business in the following forms:
- Limited liability company with two or more members;
- Partnerships;
- Private enterprise.
- Conditions for company members: There are at least two partners/capital contributing members who are practicing accountants
- Conditions for legal representation: The legal representative, director or general director must be a practicing accountant
- Conditions for capital contribution: For limited liability company If there are two or more members, the capital contribution ratio is determined as follows:
- For organizational members: maximum contribution of 35% of charter capital. If there are many organizational members, the maximum capital contribution of organizational members is 35% of charter capital;
- At least 02 capital contributing members are practicing accountants at the company. The capital contribution of practicing accountants at the company is over 50%.
Procedure open a company accounting service business:
Company establishment documents include:
- Application for business registration;
- Enterprise's regulations;
- List of members of a limited liability company with two or more members or list of partnership members;
- Notarized copy of ID card or valid passport of individual member; Notarized copy of Certificate business registration of organizational members; Notarized copy of ID card or valid passport of the legal representative of that organization;
- Power of attorney form Dao Viet Law Firm (DaviLaw);
- Some other documents (in case necessary).
Place to submit company establishment documents: Department of Planning and Investment where the enterprise is headquartered.
Time limit for completing company establishment procedures: 03 working days with a written response from the Department of Planning and Investment.
Result: Business registration certificate.
Seal engraving: From January 1, 2021, the Enterprise Law 2020 takes effect, Enterprises can decide whether or not to use the seal. In case of using a seal, the enterprise decides on the form, quantity and content of the seal and can authorize Dao Viet Law Firm (DaviLaw) to engrave the seal for the enterprise.
Process for applying for a Certificate of eligibility to provide accounting services
Conditions for providing accounting services for two-member limited liability companies and partnerships:
- Have a Business Registration Certificate, Investment Registration Certificate or other documents of equivalent value;
- Have at least two partners/capital partners who are practicing accountants;
- The legal representative, director or general director must be a practicing accountant;
- Particularly for limited liability companies with two or more members, the capital contribution ratio is prescribed as follows:
- For organizational members: maximum contribution of 35% of charter capital. If there are many organizational members, the maximum capital contribution of organizational members is 35% of charter capital;
- At least 02 capital contributing members are practicing accountants at the company. The capital contribution of practicing accountants at the company is over 50%.
Conditions for providing accounting services for private enterprises:
- Have a Business Registration Certificate, Investment Registration Certificate or other documents of equivalent value;
- Have at least two practicing accountants;
- Owner private enterprise is a practicing accountant and also a director.
Application dossier for issuance of Certificate of eligibility to conduct business in accounting services:
- Application for issuance of Certificate of eligibility to provide accounting services;
- Copy of Business Registration Certificate, Investment Registration Certificate or other documents of equivalent legal value;
- Copy of the practicing accountant's certificate of registration to practice accounting services;
- Labor contract between the enterprise and the practicing accountant;
- Documents proving capital contribution for two-member limited liability companies;
- Charter of a partnership or two-member limited liability company;
Place of application: Ministry of Finance.
Time limit: Within 15 days from the date of receiving the valid dossier, the Ministry of Finance will decide whether or not to issue a Certificate of eligibility to conduct business in accounting services. If the grant is refused, the Ministry will respond in writing clearly stating the reason.
Attention:
- When establishing an accounting service company, the application does not require the provision of accounting practice certificates of accountants.
- When submitting an application for a certificate of eligibility to conduct business in accounting services, at the same time submit an application for a Certificate of registration to practice accounting services for accountants practicing at the accountant's company
