Which enterprise is required to have a plan accounting?

1. Which businesses are required to have an accountant? In what cases is it not required?

According to Article 20 of Decree 174/2016/ND-CP stipulating the position of chief accountant and person in charge of accounting as follows:

– Accounting units must arrange chief accountants except for the units specified in Clause 2 of this Article. In case the unit cannot immediately appoint a chief accountant, arrange a person in charge of accounting or hire a service to be the chief accountant according to regulations. The maximum time to arrange a person in charge of accounting is 12 months, after this time the accounting unit must arrange a person to work as chief accountant.

– In charge of accounting:

+ Accounting units in the state sector include: Accounting units have only one accountant or one person working part-time; The budget accounting and finance units of communes, wards and towns do not appoint chief accountants but only appoint chief accountants.

+ Micro-enterprises according to the law on supporting small and medium-sized enterprises are assigned to be in charge of accounting but are not required to appoint chief accountants.

– Time limit for appointing chief accountants of accounting units in the field of state accounting, The term of appointment of the chief accountant of the units specified in Point a, Clause 2 of this Article is 5 years, after which the procedures for reappointing the chief accountant and chief accountant must be carried out.

– When changing the chief accountant, in charge of accounting, the legal representative of the accounting unit or the manager or operator of the accounting unit, it is necessary to organize the handover of work and accounting documents between the chief accountant, in charge of old accounting and the chief accountant, in charge of new accounting, and at the same time notify relevant departments in the unit and the agencies where the unit opens transaction accounts of the accountant’s full name and signature sample. New chief, in charge of accounting. The new chief accountant, in charge of accounting, is responsible for his or her own accounting work from the date of work handover. The former chief accountant, in charge of accounting, must still be responsible for accounting work during the time he or she is in charge.

In which, the accounting unit specified in Clause 4, Article 3 of the 2015 Accounting Law is an agency, organization, and unit including: Agencies responsible for collecting and spending state budget at all levels; State agencies, organizations, and public service units using state budget; Organizations and public service units that do not use state budget; The enterprise is established and operates under Vietnamese law; branches and representative offices of foreign enterprises operating in Vietnam; Cooperatives, cooperative unions and these units prepare financial reports.

Based on the above regulations, the unit must have an accountant as follows:

– Newly established enterprises are assigned a person in charge of accounting for a maximum period of 12 months. At the end of 12 months, businesses must arrange a chief accountant.

– Enterprises must arrange a chief accountant, except for micro enterprises.

– Micro enterprises according to the provisions of the Law on Support for Small and Medium Enterprises are allowed to arrange a person in charge of accounting in place of the chief accountant

So, no enterprise is allowed to do without an accountant. math.

2. Must accountants be employees of the enterprise or can they be hired from outside?

According to the provisions of Clause 1, Article 49 of the Accounting Law 2015:

The accounting unit must organize the accounting apparatus, arrange accountants or hire accounting services.

We see that the enterprise is responsible for organizing the accounting apparatus and can arrange or hire accounting services.

Accordingly, hiring accounting services, chief accountant services, and in charge of accounting is stipulated in Article 22 of Decree 174/2016/ND-CP as follows:

– Accounting unit in the business sector; Organizations and public service units that do not use the state budget and other accounting units specified in Clause 3, Article 3 of this Decree may hire an accounting service business unit to act as accountant or to act as chief accountant and in charge of accounting. Public service organizations that use the state budget can hire an accounting service business unit to act as accountant or chief accountant, in charge of accounting as decided by the legal representative of the unit.

– Accounting service business units, when appointing people to do accounting services for customers, must ensure the provisions in Clause 1, Article 51, Article 56, Article 58 of the Law on Accounting and not fall into the cases where this is not allowed. work as an accountant or are not allowed to provide accounting services as prescribed in Articles 19 and 25 of this Decree.

– Accounting service business units, when appointing people to perform chief accounting services or in charge of accounting for customers, must ensure the provisions in Articles 56, 58 of the Accounting Law, Article 21 of this Decree and not fall into the cases of not being allowed to work as accountants or not being able to provide accounting services as prescribed in Article 19. and Article 25 of this Decree.

– The person hired to provide accounting services has the rights and responsibilities of an accountant specified in Clauses 2 and 3, Article 51 of the Accounting Law 2015. The person hired to serve as chief accountant and in charge of accounting has the rights and responsibilities of the chief accountant specified in Article 55 of the Accounting Law 2015.

– Representative According to the law, the accounting unit must be responsible for hiring accounting services, hiring services as chief accountant, and in charge of accounting.

3. If an enterprise does not arrange someone to be in charge of accounting work, will the enterprise be punished?

According to point a, clause 2, Article 17 of Decree 41/2018/ND-CP stipulating penalties for violations of regulations on organizing the accounting apparatus, arranging accountants or hiring accountants as follows:

Fine from 10,000,000 VND to 20,000,000 VND for one of the acts of not organizing 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.

Accordingly, the above fine level is the fine level applicable to individuals. For organizations that commit the same violation, the fine is 2 times higher than the fine for individuals (Clause 2, Article 5 of Decree 102/2021/ND-CP).

Thus, businesses are required to arrange a chief accountant or person in charge of accounting according to the provisions of law. Enterprises can appoint a chief accountant, person in charge of accounting or hire outside accounting services. In case an enterprise fails to arrange someone to do accounting work or hire an accountant, the enterprise will be subject to the above fine.