May a Person Serve as Both Director and Accountant of a Single-Member LLC? Who May Not Be an Accountant?

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Short answer: Yes, for a single-member LLC owned by an individual. The Law on Accounting 2015 prohibits managers and executives of an accounting unit from concurrently serving as accountant, storekeeper, or cashier — except for private enterprises and LLCs owned by a single individual (Clause 7, Article 13). A single-member LLC owned by an organization does not fall under this exception.

Legal basis

  • Law on Accounting 2015 (Articles 13, 51, 52), as amended by Law No. 56/2024/QH15.

Principle prohibiting concurrent positions

Under Clause 7, Article 13 of the Law on Accounting 2015, the strictly prohibited act is: a person responsible for managing or operating an accounting unit concurrently serving as accountant, storekeeper, or cashier — except for private enterprises and LLCs owned by a single individual.

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Accordingly:

  • Single-member LLC owned by an individual: the director may concurrently serve as accountant;
  • Single-member LLC owned by an organization; two-member LLCs; joint stock companies: the director may not concurrently serve as accountant, storekeeper, or cashier.

Who may not be an accountant?

Under Article 52 of the Law on Accounting 2015:

  • Minors; persons with limited or lost civil act capacity; persons currently subject to compulsory education or compulsory drug rehabilitation measures;
  • Persons currently banned from accounting practice; persons under criminal prosecution; persons serving prison sentences or convicted of crimes infringing economic management order or position-related crimes concerning finance and accounting whose criminal records have not been expunged;
  • The father, mother, spouse, children, or siblings of the legal representative, the head, the director/general director and deputy in charge of finance-accounting, or the chief accountant within the same accounting unit — except for private enterprises and LLCs owned by a single individual;
  • Persons currently serving as managers, executives, storekeepers, cashiers, or asset traders within the same accounting unit — except for the exception above.

Standards for accountants

Under Article 51 of the Law on Accounting 2015: having professional ethics, honesty, integrity, and legal compliance awareness; having professional accounting qualifications and expertise.

Frequently asked questions

Does a director of a single-member LLC (individually owned) concurrently serving as accountant need an accounting certificate?

An accountant must have professional accounting qualifications and expertise (Article 51). In practice, appropriate degrees/certificates are advisable; where the company is required to appoint a chief accountant, Article 54 additionally applies.

May the director’s spouse serve as the company’s accountant?

In an LLC owned by a single individual (or a private enterprise), the prohibition on relatives serving as accountants is excluded — but governance risks and the independence of accounting data should still be considered.

To arrange accounting personnel in compliance and ensure the independence of financial data, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.

Discuss this matter with ANT Legal Corporate Legal Advisory