“Hello, Lawyer. My name is X, currently, my agency is a specialized agency under the Provincial People’s Committee, the agency’s accountant has quit and we have not found a suitable person, I wonder if the agency Can the government hire an external accounting service? Looking forward to your lawyer’s answer. Thank you.” Thank you for submitting your question. To answer the above problem, today, LSX Lawfirm will give you an article about “Can Vietnamese state agencies hire outside accounting services?“, as follows:
Legal grounds
Decree 174/2016/ND-CP
Accounting Law 2015
What is a state agency?
State organs are part of the state apparatus. Usually, the results of state agencies’ activities are decisions that are binding on the people involved. In case the decision not implemented or not fully implemented, the person responsible for the implementation must take responsibility before the state and society. The power of each State agency depends on the position and function of that agency in the system of state agencies and institutionally harmonized with specific tasks and powers in the law. The organization and operation of state agencies depend on their nature, tasks, and functions, but all follow common and unified principles then.
Therefore, a state agency defined: as “a part (agency) constituting the state apparatus (including cadres, civil servants and tools, and means of operation …) with relative independence. , has the authority and established in accordance with the law, in the name of the State to perform the functions and tasks of the State then”.
What are accounting services?
Accounting services are understood as activities of performing accounting operations for enterprises or organizations. This accounting service will handle all the work related to finalization, printing, and handing over books, financial statements, bookmaking, and tax reports… accurately and reliably for customers then.
Startups and small and medium-sized businesses often do not have a lot of budgets, and accounting work to deal with is not much. So hiring an accountant with an amount of money (about 8-10 million) per month will sometimes be a waste. Therefore, many companies choose to look to accounting service providers to replace the work of general accountants to save money and ensure more professionalism.
Some notes when using accounting services
After the end of the fiscal year (December 31 of each year); the deadline for submitting financial statements will be the 90th day from December 31 then. Tax accounting services must hand over to your company the following documents:
Id and password to login to the website of the General Department of Taxation Print; and hand over the set of financial statements to submit to the district statistics office; where your company is located. Tax accounting services must hand over all accounting books, general table of import-export – inventory; detailed table of import-export – inventory, receipt – payment, cash book, bank deposit book, depreciation book of fixed assets; allocation book of tools and equipment, etc., by soft file (excel file) and hard file (paper file) within 60 days; from the deadline for submission of annual financial statements to the company you host.
Can state agencies hire outside accounting services?
Pursuant to Clause 1, Article 22 of Decree 174/2016/ND-CP has the following provisions:
So Accounting units in the field of business; organizations, non-business units not using the state budget, and other accounting units specified in Clause 3, Article 3 of this Decree may hire accounting service providers to act as accountants or chief accountants. accountant. Non-business organizations using state budgets may hire accounting service providers to act as accountants or chief accountants or in charge of accounting, as decided by their legal representatives then.
Thus, only non-business organizations and units that do not use the state budget can hire accounting services to do accounting. If your agency uses the state budget, it not allowed to hire accounting services
In what cases are not provided accounting services?
According to Article 68 of the Law on Accounting 2015, an accounting service business enterprise or a household providing accounting services may not provide accounting services to another accounting unit when the person responsible for managing and operating the business not allowed to provide accounting services. an accounting service business, the representative of an accounting service business household, or a person directly providing accounting services of an accounting service business or household in the following cases:
– Being the natural father, mother, adoptive father, adoptive mother, wife, husband, biological child, adopted child, brother then, sister, or younger brother of the person responsible for management, administration, or chief accountant of the accounting unit, except where the accounting unit is a private enterprise, a limited liability company owned by an individual and other cases prescribed by the Government then;
– Having economic and financial relations with that accounting unit;
– Insufficient professional capacity or ineligibility to perform accounting services then;
– Currently providing services as chief accountant for clients who are organizations that have economic and financial relations with that accounting unit then;
– The accounting unit requests to perform jobs that are not; in accordance with professional ethical standards or in accordance with the requirements of accounting and financial expertise;
– Other cases as prescribed by law.
Consulting service of LSX Lawfirm
Above is LSX Lawfirm’s advice on the content of the problem “Can Vietnamese state agencies hire outside accounting services?”. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.
- FB: www.facebook.com/luatsux
- Tiktok: https://www.tiktok.com/@luatsux
- Youtube: https://www.youtube.com/Luatsux
Related article
- Foreign investors establish accounting companies in Vietnam
- Procedures for setting up an accounting service business in Vietnam
- Legal regulations on business accounting in Vietnam
Related questions
According to the advice of experts, you should choose an outsourced accounting service which is the wisest thing, to have the most correct and sufficient accounting process and save a considerable amount of money with a new business establish.
Pursuant to Article 12 of Decree 174/2016/ND-CP, accounting documents must be kept for at least 5 years
– Firstly, Accounting vouchers that are not used directly to record accounting books and prepare financial statements such as receipts, payment slips, warehouse receipts, and warehouse release notes are not stored in the accounting records of the accounting department.
– Secondly, Accounting documents are used for management and administration of the accounting unit that does not directly record in accounting books and prepare financial statements.
– Thirdly, In case the accounting documents specified in Clauses 1 and 2 of this Article are required to be archived by other laws for more than 5 years, they shall be archived according to such provisions.
Pursuant to Article 8 of Decree 174/2016/ND-CP, types of accounting documents that must be kept include:
– Firstly, Financial paper
– Secondly, Detailed accounting books, general accounting books
– Thirdly, the Financial report; budget settlement report; budget finalization report
– Finally, Other documents related to accounting.
Contact LSX Lawfirm
Finally, hope this article is useful for you; answer the question: “ Can Vietnamese state agencies hire outside accounting services? “. If you need more information, please contact LSX Law firm: at +84846175333 or Email: [email protected].
Conclusion: So the above is Can Vietnamese state agencies hire outside accounting services?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
