Can the deputy director of a joint stock company be the chief accountant? or not? What is the responsibility of the chief accountant of a joint stock company?

Can the deputy director of a joint stock company be the chief accountant?

Pursuant to Clause 3, Article 19 of Decree 174/2016/ND-CP has the following provisions:

People who cannot work as accountants

1. Cases specified in Clauses 1 and 2, Article 52 of the Accounting Law.

2. Biological father, biological mother, adoptive father, adoptive mother, wife, husband, biological children, adopted children, siblings of the legal representative, of the head, of the director or general director and of the deputy of the head, deputy director or deputy general director in charge of finance – accounting, chief accountant in the same accounting unit, except for private enterprises, limited liability companies owned by an individual, or enterprises of other types. has state capital and is a micro-enterprise according to the provisions of law on supporting small and medium-sized enterprises.

3. People who are managers, administrators, storekeepers, treasurers, and people assigned to regularly buy and sell assets in the same accounting unit, except in the case of the same private enterprise, limited liability company owned by an individual and other types of enterprises that do not have state capital and are micro enterprises according to the provisions of law on support for small and medium enterprises.

In Clause 24, Article 4 of the 2020 Enterprise Law, there are regulations on enterprise managers who are private enterprise managers and company managers, including private enterprise owners, general partners, Chairman of the Board of Members, members of the Board of Members, Company President, Chairman of the Board of Directors, members of the Board of Directors, Director or General Director and individuals holding other management positions as prescribed in the company Charter.

According to the above regulations, if the company charter stipulates that the deputy director is the manager of the joint stock company, the deputy director cannot be the chief accountant of the joint stock company.

If the company’s charter does not stipulate that the deputy director holds a management position, he or she can be the chief accountant if qualified.

The chief accountant of a joint stock company is the head of the company’s accounting apparatus, right?

Pursuant to Article 53 of the 2015 Accounting Law, it is stipulated as follows:

Chief Accountant

1. The chief accountant is the head of the unit’s accounting apparatus and is responsible for organizing and carrying out accounting work in the accounting unit.

2. Chief accountants of state agencies, organizations, public service units using the state budget and enterprises in which the State holds more than 50% of charter capital, in addition to the duties specified in Clause 1 of this Article, are also responsible for helping the legal representative of the accounting unit monitor finances at the accounting unit.

3. The chief accountant is under the leadership of the legal representative of the accounting unit; In case there is a superior accounting unit, it is also subject to the direction and inspection of the chief accountant of the superior accounting unit in terms of expertise and operations.

4. In case the accounting unit appoints a person in charge of accounting to replace the chief accountant, the person in charge of accounting must meet the standards and conditions specified in Clause 1, Article 54 of this Law and must perform the responsibilities and rights prescribed for the chief accountant specified in Article 55 of this Law.

Thus, according to the above regulations, the chief accountant of a joint stock company is the head of the joint stock company’s accounting apparatus and is responsible for organizing the implementation of accounting work in the accounting unit.

What are the responsibilities of the chief accountant of a joint stock company?

Pursuant to Clause 1, Article 55 of the 2015 Accounting Law, it is stipulated as follows:

Responsibilities and rights of the chief accountant

1. The Chief Accountant has the following responsibilities:

a) Implement the provisions of law on accounting and finance in the accounting unit;

b) Organize and operate the accounting apparatus according to the provisions of this Law;

c) Prepare financial reports in compliance with accounting regimes and accounting standards.

2. The chief accountant has the right to independence in terms of expertise and accounting operations.

3. Chief accountants of state agencies, organizations, public service units using the state budget and enterprises in which the State holds more than 50% of charter capital, in addition to the rights specified in Clause 2 of this Article, also have the following rights:

a) Provide written opinions to the legal representative of the accounting unit on the recruitment, transfer, salary increase, rewards, and discipline of accountants, storekeepers, and treasurers;

b) Request relevant departments in the accounting unit to provide complete and timely documents related to accounting work and financial supervision of accountants Chief;

c) Reserve professional opinions in writing when opinions differ from those of the decision maker;

d) Report in writing to the legal representative of the accounting unit when detecting violations of financial and accounting laws in the unit; In case you still have to comply with the decision, report it to the immediate superior of the person who made the decision or the competent state authority and will not be responsible for the consequences of implementing that decision.

Thus, according to the above regulations, the chief accountant of a joint stock company has the following responsibilities:

– Implement legal regulations on accounting and finance in the accounting unit;

– Organize and operate the accounting apparatus according to the provisions of this Law;

– Prepare financial reports in compliance with accounting regimes and accounting standards.