According to the law on penalties When appointing an unqualified chief accountant, what are the conditions?

According to legal regulations, what are the standards, conditions, responsibilities and rights of chief accountants?

In Article 54 and Article 55 of the 2015 Accounting Law, it is specifically stipulated can:

* Standards and conditions of chief accountant

– Chief accountant must have the following standards and conditions:

a) Standards specified in Clause 1, Article 51 of this Law;

b) Have accounting expertise and experience at intermediate level or higher;

c) Have a chief accountant training certificate;

d) Have actual working time in accounting for at least 02 years for people with accounting expertise and skills at university level or higher and actual working time in accounting for at least 03 years for people with accounting expertise and skills at intermediate or college level.

– The Government specifically regulates the standards and conditions of chief accountants appropriate to each type of accounting unit.

* Responsibilities and rights of chief accountant

– Chief accountant has the following responsibilities:

a) Implement legal regulations 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.

– Chief accountant has the right to independence in terms of expertise and accounting operations.

– 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, reward, and discipline of accountants, storekeepers, and treasurers;

b) Request relevant departments in the accounting unit to provide complete and timely documents related to the chief accountant’s accounting work and financial supervision;

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 laws on finance and accounting in the unit; In case you still have to comply with the decision, you must report 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.

According to the law, what are the penalties for appointing an unqualified chief accountant?

According to Article 17 of Decree 41/2018/ND-CP on sanctioning violations of regulations on organizing the accounting apparatus, arranging accountants or hiring accountants as follows:– Fine from 5,000,000 VND to 10,000,000 VND for one of the following acts:

a) Hire organizations or individuals that do not meet the standards and conditions to practice accounting to provide accounting services for your unit;

b) Failure to re-appoint the chief accountant or in charge of accounting within the prescribed time limit;

c) Failure to organize the handover of accounting work when there is a change in the accountant, chief accountant, or in charge of accounting;

d) Failure to notify according to regulations when changing the chief accountant or in charge of accounting.

– Fine from 10,000,000 VND to 20,000,000 VND for one of the following acts:

a) Failure to organize the accounting apparatus of the accounting unit; Do not arrange people to work as accountants or chief accountants or do not hire organizations or individuals providing accounting services to work as accountants or chief accountants according to regulations;

b) Arranging accountants who are not allowed to act as accountants by law;

c) Arranging an accountant, chief accountant, or person in charge of accounting who does not meet the prescribed standards and conditions;

d) Appointing a chief accountant or in charge of accounting without following the prescribed order and procedures.

– Fine from 20,000,000 VND to 30,000,000 VND for one of the following acts:

a) Arranging people to be responsible for managing and operating the accounting unit and also working as an accountant, warehouse keeper, treasurer or buying and selling assets, except for private enterprises, limited liability companies owned by an individual, other types of enterprises that do not have state capital and are micro enterprises according to the provisions of law on supporting small and medium enterprises;

b) Arranging a person as chief accountant who does not meet the prescribed standards and conditions;

c) Hiring someone as chief accountant who does not meet the prescribed standards and conditions.

– Remedial measures:

Appoint or hire people to work as accountants, chief accountants, or people in charge of accounting who meet the prescribed standards and conditions for the cases specified in Points a and b, Clause 1; Points b, c Clause 2; Points b, c Clause 3 of this Article.

How is the Chief Accountant regulated by law?

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

“Article 53. Chief Accountant

1. The Chief Accountant is the head of the accounting apparatus of the unit The unit is responsible for organizing the implementation of 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 tasks specified in Clause 1 of this Article, are also responsible for assisting the legal representative of the accounting unit in monitoring finances at the accounting unit. Accounting.

3. The chief accountant is under the leadership of the legal representative of the accounting unit; in case there is a superior accounting unit, he/she is also subject to the direction and inspection of the chief accountant of the superior accounting unit regarding 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 have the prescribed standards and conditions. specified in Clause 1, Article 54 of this Law and must exercise the responsibilities and rights prescribed for chief accountants specified in Article 55 of this Law.”