1. May a limited liability company provide accounting services?
Under Article 59 of the Law on Accounting 2015 (amended and supplemented by Law 56/2024/QH15) on accounting service businesses:
“Article 59. Accounting service businesses
1. Accounting service businesses may be established in the following forms:
a) Multi-member limited liability companies;
b) Partnerships;
c) Private enterprises.
2. An enterprise may only provide accounting services when it ensures the business conditions under this Law and is granted a Certificate of eligibility to provide accounting services.
3. An accounting service business may not contribute capital to establish another accounting service business, except where it contributes capital with a foreign accounting service business to establish an accounting service business in Vietnam.
4. Foreign accounting service businesses may provide accounting services in Vietnam in the following forms:
a) Contributing capital with an accounting service business established and operating in Vietnam to establish an accounting service business;
b) Establishing a branch of a foreign accounting service business;
c) Providing services across the border as prescribed by the Government.”
Thus, a multi-member limited liability company is among the enterprise forms permitted to provide accounting services.
2. Conditions for a limited liability company to be granted the Certificate of eligibility to provide accounting services?
Under Clauses 1 and 5, Article 60 of the Law on Accounting 2015 (amended and supplemented by Law 56/2024/QH15) on conditions for granting the Certificate of eligibility to provide accounting services:
– A multi-member limited liability company is granted the Certificate of eligibility to provide accounting services when it meets all of the following conditions:
- Having an enterprise registration certificate, an investment registration certificate, or another equivalent document as prescribed by law;
- Having at least two contributing members who are practicing accountants;
- The legal representative, director or general director of the limited liability company must be a practicing accountant;
- Ensuring the capital contribution ratio of practicing accountants in the enterprise and the capital contribution ratio of organizational members as prescribed by the Government.
– Within 06 months from the date of registration for accounting services, if an accounting service business or a branch of a foreign accounting service business in Vietnam is not granted the Certificate of eligibility to provide accounting services, or where the Certificate has been revoked, the business or the branch of the foreign accounting service business in Vietnam must immediately notify the business registration agency to remove the phrase “accounting services” from the name of the business or branch.
3. What does the dossier requesting the Certificate of eligibility to provide accounting services include?
Under Article 61 of the Law on Accounting 2015 (amended and supplemented by Law 56/2024/QH15) on dossiers requesting the Certificate of eligibility to provide accounting services:
- An application for the Certificate of eligibility to provide accounting services.
- A copy of the enterprise registration certificate, investment registration certificate, or another equivalent document.
- Copies of the accounting service practice registration certificates of the practicing accountants.
- Labor contracts with the accounting service business of the practicing accountants.
- Documents proving capital contributions for limited liability companies.
- The company charter for partnerships and limited liability companies.
- The foreign enterprise’s written commitment to bear responsibility and documents certifying the foreign enterprise’s permission to provide accounting services, for branches of foreign accounting service businesses in Vietnam.
4. What is the time limit for granting the Certificate of eligibility to provide accounting services?
Under Article 62 of the Law on Accounting 2015 (amended and supplemented by Law 56/2024/QH15) on the time limit for granting the Certificate of eligibility to provide accounting services:
“Article 62. Time limit for granting the Certificate of eligibility to provide accounting services
1. Within 15 days from the date of receipt of a complete and valid dossier, the Ministry of Finance shall grant the Certificate of eligibility to provide accounting services to the enterprise; where the grant is refused, a written reply stating the reasons must be provided.
2. Where clarification of issues relating to the dossier requesting the Certificate of eligibility to provide accounting services is needed, the Ministry of Finance shall require the enterprise requesting the Certificate to provide explanations. The time limit for granting the Certificate is counted from the date of receipt of the supplementary explanatory documents.”
Notes on applying current legal provisions
This article belongs to the General Knowledge group and is presented for reference, helping readers understand the legal issue at an overview level before preparing dossiers or conducting transactions.
Legal provisions may change depending on timing, locality, dossier type and specific circumstances. Where it is necessary to determine the exact legal basis applicable to your dossier, you should contact an ANT Legal lawyer at 0966.475.966 for review and advice before proceeding.
Common risks to note
- Applying legal texts that have been amended, supplemented or replaced.
- Preparing incomplete dossiers, documents or evidence.
- Misunderstanding the applicable conditions, procedures, time limits or competent authority.
- Signing, filing or conducting transactions without fully assessing legal risks.
How can ANT Legal help?
ANT Legal assists in reviewing specific situations, checking dossiers, identifying the applicable legal basis, advising on handling plans, and representing you in working with individuals, organizations or competent authorities when necessary.
For quick advice, you may contact a lawyer at 0966.475.966.
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