Question:
My company is a newly established joint-stock company and currently does not have an accountant. I would like to ask, who is not allowed to work as an accountant in a business?
Lawyer Thai Thi Phuong from YouMe Law Firm answers:
Article 19 of Decree No. 174/2016/ND-CP detailing some provisions of the Accounting Law (Decree No. 174/2016/ND-CP) stipulates those who are not allowed to work as accountants, including:
- The cases stipulated in Clauses 1 and 2 of Article 52 of the Accounting Law.
- The biological father, biological mother, adoptive father, adoptive mother, spouse, biological child, adopted child, siblings of the legal representative, head, director or general director, and deputy head, deputy director or deputy general director in charge of finance and accounting, and chief accountant in the same accounting unit, except for private enterprises, limited liability companies owned by a single individual, enterprises of other types without state capital, and micro-enterprises as defined by the law on supporting small and medium-sized enterprises.
- Individuals working as managers, executives, warehouse keepers, cashiers, or those regularly assigned the task of buying and selling assets within the same accounting unit, except in the case of private enterprises, limited liability companies owned by a single individual, and other types of enterprises without state capital and classified as micro-enterprises according to the law on supporting small and medium-sized enterprises.
Clauses 1 and 2 of Article 52 of the 2015 Accounting Law stipulate the following individuals who are prohibited from working as accountants:
- Minors; persons declared by the Court to have limited or no civil capacity; persons currently undergoing compulsory education or compulsory rehabilitation.
- Individuals who are prohibited from practicing accounting by a legally effective court judgment or decision; individuals who are currently under criminal investigation; individuals who are serving a prison sentence or have been convicted of one of the crimes against economic management order, or crimes related to official duties concerning finance and accounting, and whose criminal record has not yet been expunged.
