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MINISTRY OF
FINANCE
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 23/2024/TT-BTC
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Hanoi, April 12,
2024
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CIRCULAR
AMENDMENTS TO
CIRCULARS ON GUIDELINES FOR MANAGEMENT AND INSPECTION OF ACCOUNTING SERVICES
Pursuant to the Law on
Accounting dated November 20, 2015;
Pursuant to Decree No.
174/2016/ND-CP dated December 30, 2016 of the Government on elaboration of the
Law on Accounting;
Pursuant to Government's Decree No. 14/2023/ND-CP
dated April 20, 2023 on functions, tasks, powers and organizational structure
of the Ministry of Finance;
At the request of Director of Department of
Accounting and Auditing Management and Supervision,
The Minister of Finance promulgates a Circular
on amendments to Circulars on guidelines for management and inspection of
accounting services.
Article 1. Amendments to, replacement, annulment
of certain articles of Circular No. 292/2016/TT-BTC dated November 15, 2016 of
the Minister of Finance on guidelines for the annual continuing professional
development (CPD) for practicing accountants and people registered to practice
accounting services (hereinafter referred to as Circular No. 292/2016/TT-BTC)
are as follows:
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a) Amendments to Article 3:
“Article 3. Accountant professionals subject to
CPD
Accountant professionals subject to CPD are
practicing accountants and people registered to practice accounting services.
New accountor or auditor certificate holders may register to practice
accounting services until December 31 of the year following the year of
certification without mandatory CPD. However, to maintain their eligibility to
practice accounting services in the subsequent year, they must complete the
required CPD hours between August 16 of the year of certification and August 15
of the following year, as specified in Article 5 of this Circular.
For example: Nguyen Van A was granted an accountant
certificate or auditor certificate on April 23, 20X0, then Mr. A is not
required to complete CPD to practice accounting services from time of
certification until August 15, 20X0. However, to maintain his eligibility to
practice accounting services from January 1, 20X2 to December 31, 20X2, Mr. A
must complete required hours of CPD in 20X1 (from August 16, 20X0 to 20X0 to
August 15, 20X1) as specified in Article 5 of Circular No. 292/2016/TT-BTC.”
b) Amendments to clause 1 Article 4:
"1. CPD content:
a) Provisions of Vietnam's accounting and tax laws;
code of ethics for professional accountants; experience in accounting practice;
international accounting standards and international financial reporting
standards.
b) Relevant legal provisions on economics, finance,
and auditing; management skills; international auditing standards; other
knowledge and information related to the profession.”
c) Amendments point b clause 1 Article 12:
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d) Amendments point dd clause 1 Article 14:
“dd) Attendance sheet with signatures of each
attending student or photos of the student's participation in the class, or
attendance record sheet or the student's study progress information.”
dd) Amendments to clause 3 Article 15:
“3. Maintain optimal class sizes of 10 to 200
students, and carefully track and record attendance of all attending students
in the class.”
e) Amendments to clause 6 Article 15:
“6. Issue certificates of completion to students
who have completed CPD class(es), clearly stating the name of the class
organizer, the student’s name, and the accountant certificate’s number or
auditor certificate’s number, study topic(s), class duration, number of actual
class hours; issue certificates to accountants or auditors who have taught CPD
class(es), clearly stating the instructor's full name and accounting
certificate’s number or auditor certificate’s number, topics taught, lecture
time, number of lecture hours according to each topic taught.”
2. Replace some phrases and
Appendixes of Circular No. 292/2016/TT-BTC as follows:
a) Replace the phrase "Ministry of
Finance" with the phrase "Department of Management and Supervision of
Accounting and Auditing affiliated to Ministry of Finance" in Clause 3,
Article 7; Article 9; Point c Clause 5 Article 11; Article 12; Point a, Clause
1, Article 14; Article 15; Article 17; Article 18.
b) Replace the phrase "10 working days"
with the phrase "10 days" in Clause 3, Article 7; Article 9.
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d) Replace the phrase "Ministry of Finance
(Department of Accounting and Auditing Regulation)" with the phrase
"Department of Management and Supervision of Accounting and Auditing
affiliated to Ministry of Finance" in Appendix No. 01/CNKT, Appendix No.
05/CNKT issued together with Circular No. 292/2016/TT-BTC.
dd) Replace the phrase "Vietnam's accounting
and tax laws, code of ethics for professional accountants” with the phrase
“Vietnam's accounting and tax laws, code of ethics for professional
accountants, accounting practice experience, international accounting standards
and international financial reporting standards" in Appendix No. 05/CNKT
issued with the Circular No. 292/2016/TT-BTC.
e) Replace Appendix No. 02/CNKT issued with
Circular No. 292/2016/TT-BTC with Appendix No. 02/CNKT issued with this
Circular.
3. Annulment of certain
articles of Circular No. 292/2016/TT-BTC:
a) Clause 2 Article 5.
b) Clause 7 Article 11.
c) Clause 4 Article 13.
Article 2. Amendments to, replacement, annulment
of certain articles of Circular No. 296/2016/TT-BTC dated November 15, 2016 of
the Minister of Finance on guidelines for issuance, revocation and management
of certificates of registration to practice accounting services (hereinafter
referred to as Circular No. 296/2016/TT-BTC), which is amended by Circular No.
44/2019/TT-BTC dated January 19 7 year 2019 of the Minister of Finance on
amendments to Circular No. 292/2016/TT-BTC dated November 15, 2016 of the
Minister of Finance on guidelines for annual CPD for practicing accountants and
people registered to practice accounting services and Circular No.
296/2016/TT-BTC dated November 15, 2016 of the Minister of Finance on
guidelines for issuance, revocation and management of certificates of
registration to practice accounting services (hereinafter referred to as
Circular No. 44/2019/TT-BTC) as follows:
1. Amendments to certain articles of Circular No.
296/2016/TT-BTC:
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“3. Copy of accountant certificate or auditor
certificate. Once accountant certificates or auditor certificates have been
integrated into the specialized database and other information systems, the
Ministry of Finance shall be responsible for extracting and utilizing
information on these accountant certificates or auditor certificates from the
mentioned database and information systems, based on the exchange and provision
of information between regulatory agencies as per the law.”
b) Supplementation of Clause 9 after Clause 8 to
Article 3:
“9. Proof of payment for appraisal fee to issue the
certificate of registration to practice accounting services, unless the
appraisal fee has already been paid when the application is submitted through
the online public service system.”
c) Amendments to clause 3 Article 6:
“3. Accounting service enterprises or accounting
household businesses shall prepare a list to request the Ministry of Finance to
issue certificate of registration to practice accounting services to those who
register to practice at their respective entities using the form in Appendix
No. 03/DKHN issued with this Circular along with each individual's application
for registration to practice accounting services as prescribed in Article 3 or
Article 10 or Article 11 of this Circular. The documentation is submitted
in person at the Single-window division or via public postal services according
to regulations of the Prime Minister, through services from businesses,
individuals or through authorization as per the law; or submitted online at the
national public service portal or public service portal of the Ministry of
Finance.”
d) Amendments to clause 5 Article 6:
“5. Within 15 days of receiving valid
documentation, the Ministry of Finance shall consider issuing a certificate of
registration to practice accounting services to the person registering to
practice accounting services at the accounting service enterprise or accounting
household business. The issuance date of the certificate of registration to
practice accounting services shall not be earlier than the effective date of
the full-time employment contract at the accounting service enterprise or
accounting household business. If the application for certificate of
registration to practice accounting services is rejected, the Ministry of
Finance shall provide explanation in writing.”
dd) Amendments to clause 1 Article 10:
"1. In case the certificate of registration to
practice accounting services is torn, damaged, or lost, the practicing
accountant may request the Ministry of Finance to re-issue the certificate of
registration to practice accounting services and must pay a required fee
according to regulations.”
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“2. Application for issuance of certificate of
registration to practice accounting services for the cases specified in Clause
1 of this Article includes:
a) An application form in Appendix No. 01/DKHN
issued with this Circular;
b) 2 color photos, 3cm x 4cm in size, white
background, taken within six months of the submission date of the application
for issuance of certificate of registration to practice accounting services;
c) Submit any updated documents required under
Clauses 2, 6, and 7 of Article 3 of this Circular, if any changes have occurred
since the latest registration for accounting services practice;
d) The old certificate of registration to practice
accounting services for the case specified in point c Clause 1 of this Article;
e) Proof of payment for appraisal fee to issue the
certificate of registration to practice accounting services, unless the
appraisal fee has already been paid when the application is submitted through
the online public service system.”
g) Amendments to point c, clause 1, Article 12
(amended in clause 1, Article 2 of Circular No. 44/2019/TT-BTC):
“The practicing accountant violates the
responsibilities specified in Clauses 5, 7, 8, Article 15 of this Circular, in
specific: Use of a certificate of registration to practice accounting services
that is expired or no longer valid in professional accounting activities;
failure to provide periodic or ad-hoc information related to their accounting
practice activities as requested by the Ministry of Finance; failure to comply
with regulations on inspection and examination of registration to practice
accounting services of the Ministry of Finance."
h) Amendments to Article 14:
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1. The Ministry of Finance shall update and
disclose on the Ministry of Finance's website before the 10th of every month
the following information:
a) List of practicing accountants at each
accounting service enterprise and accounting household business;
b) List of practicing accountants suspended from
practicing accounting services;
c) List of practicing accountants whose
certificates of registration to practice accounting services have been revoked;
d) List of practicing accountants whose certificate
of registration to practice accounting services have expired or are no longer
valid.
2. The Ministry of Finance will add or remove the
names of practicing accountants in the public list of accountants registered to
practice at each accounting service enterprise or accounting household business
when their certificates of registration to practice accounting services have
been issued, reissued, expired or no longer valid."
i) Amendments to clause 2 Article 15:
“2. Send a written notice to the accounting service
enterprise or accounting household business that they discontinue practicing
accounting services as prescribed in Clause 7, Article 9 of this Circular.”
k) Amendments to clause 3 Article 15:
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l) Amendments to clause 4 Article 15:
“4. Return the old certificate of registration to
practice accounting services to the Ministry of Finance through the accounting
service enterprise or accounting household business when the Certificate
expires or is no longer valid for the cases specified in Clauses 2, 4, 5, 6, 7,
8, Article 9 of this Circular, except for cases where the certificate of registration
to practice accounting services has been submitted when applying for a
certificate of registration to practice accounting services in cases where the
practicing accountant changes their workplace or place of registration to
practice accounting services; the accounting service enterprise where the
accountant is registered to practice changes its name.”
m) Amendments to clause 4 Article 16:
“4. Send a written notice to the Ministry of
Finance no later than 10 days from the date the certificate of registration to
practice accounting services of the accountant registered to practice at their
place expires or is no longer valid for the cases specified in Clauses 4, 5, 6,
7, 8, 9, 10 Article 9 of this Circular according to the form specified in Appendix
No. 07/DKHN issued with this Circular.”
n) Amendments to clause 6 Article 16:
“6. In case a practicing accountant continues to
practice accounting services when their full-time employment contract at the
accounting service enterprise or accounting household business expires, they
must continue to sign a new employment contract or extend the employment
contract and send a copy of the new employment contract to the Ministry of
Finance no later than 10 days from the date the employment contract expires.”
o) Supplementation of Clause 8a after Clause 8 to
Article 16:
“8a. The accounting service enterprise must send a
written notice to the Ministry of Finance when a practicing accountant changes
to register to practice auditing at their place and notify that the practicing
accountant has been granted a certificate of registration to practice auditing
and also return the Ministry of Finance the certificate of registration to
practice accounting services at the time of issuance of the certificate of
registration to practice auditing services.”
2. Replace some phrases of
Circular No. 296/2016/TT-BTC as follows:
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b) Replace the phrase "Vietnam's accounting
and tax laws, code of ethics for professional accountants” with the phrase
“Vietnam's accounting and tax laws, code of ethics for professional
accountants, accounting practice experience, international accounting standards
and international financial reporting standards" in Appendix No. 01/DKHN
issued with the Circular No. 296/2016/TT-BTC.
c) Replace the phrase "Reasons for the
certificate of accounting services business to expire or no longer be
valid" to the phrase "Reasons for the certificate of registration to
practice accounting services to expire or no longer be valid" in Appendix
No. 07/DKHN issued together with Circular No. 296/2016/TT-BTC.
d) Replace the phrase “9-digit or 12-digit ID
card/Passport………… issued on …/…/… at ……..” to the phrase “9-digit or
12-digit ID card/Passport No...." in Appendix No. 01/DKHN, Appendix
No. 02/DKHN, Appendix No. 04/DKHN issued together with Circular No.
296/2016/TT-BTC.
3. Remove the paragraph
"Note: *) In case of applying for a certificate of registration to
practice accounting services as prescribed in Clause 1, Article 11 and Clause
1, Article 13 of this Circular, this item is not required to be declared"
in Appendix No. 01/DKHN issued together with Circular No. 296/2016/TT-BTC.
4. Annulment of Clause 3
and Clause 4, Article 11.
Article 3. Amendments to, replacement, annulment
of certain articles of Circular No. 297/2016/TT-BTC dated November 15, 2016 of
the Minister of Finance on issuance, management, and use of certificates of
eligibility for accounting service business (hereinafter referred to as
Circular No. 297/2016/TT-BTC) as follows:
1. Amendments to certain articles of Circular No.
297/2016/TT-BTC:
a) Amendments to clause 2 Article 5:
“2. The applicant for certificate of eligibility
for accounting service business shall send an application as prescribed in
Clause 1 of this Article to the Ministry of Finance and pay the appraisal fee
for issuance of certificate of eligibility for accounting service business. The
application is submitted in person at the Single-window division or via public
postal services according to regulations of the Prime Minister, through
services from businesses, individuals or through authorization as per the law;
or submitted online at the national public service portal or public service
portal of the Ministry of Finance.”
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“3. The accounting service enterprise must apply
the Ministry of Finance for re-issuance of certificate of eligibility for
accounting service business within 10 days from the date of any changes
specified in Point a, Clause 1, Article 63 of the Law on Accounting or from the
date on which the certificate of eligibility for accounting service business is
found torn, damaged or lost. The time limit for reissuing the certificate
of eligibility for accounting service business shall comply with Clause 3,
Article 63 of the Law on Accounting."
c) Amendments to Article 7:
“Article 7. Payment of fees
The applicant for issuance or re-issuance of
certificate of eligibility for accounting service business must pay the
appraisal fee for issuance or re-issuance of the certificate according to
regulations of the Ministry of Finance.”
d) Supplementation of Clause 10 after Clause 9 to
Article 12:
“10. The accounting service enterprise must notify
the Ministry of Finance when switching to registering to do auditing service
business and notify that they have been granted a certificate of eligibility
for auditing service business, and also return the Ministry of Finance the
certificate of eligibility for accounting service business at the time of
issuance of the certificate of eligibility for auditing service business.”
2. Replace some phrases and
Appendixes of Circular No. 297/2016/TT-BTC as follows:
a) Replace the phrase “9-digit or 12-digit ID card/Passport…………
issued on …/…/… at ……..” to the phrase “9-digit or 12-digit ID
card/Passport No...." in Appendix 1, Appendix 2, Appendix 6 issued
together with Circular No. 297/2016/TT-BTC.
b) Replace Appendix 3 issued with Circular No.
297/2016/TT-BTC with Appendix 3 issued with this Circular.
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Article 4. Amendments to, replacement, annulment
of certain articles of Circular No. 09/2021/TT-BTC dated January 25, 2021 of
the Minister of Finance on guidelines for inspection of accounting services
(hereinafter referred to as Circular No. 09/2021/TT-BTC) as follows:
1. Amendments to certain articles of Circular No.
09/2021/TT-BTC:
a) Amendments point b clause 2.2 Article 5:
“b) Check information indicating potential legal
violations identified during indirect management and inspection of accounting
service business or inspections at the request of competent authorities.”
b) Amendments to clause 1 Article 7:
“1. Inspection frequency
a) Undertake inspection visits every 3 years to
accounting service providers with average accounting service revenue in the
previous 3 years of at least 20 billion VND/year up to the inspection time.
Accounting service revenue includes revenue from: chief accountant
services; financial statement preparation and presentation services and
accounting consulting services according to annual performance reports.
b) Undertake inspection visits at least every 5
years to accounting service providers other than those specified in Point a,
Clause 1 of this Article. Determination of inspected entities is based on
the average annual accounting service revenue in the 3 preceding years up to
the time of inspection.”
c) Amendments to clause 2 Article 9:
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d) Amendments to clause 2 Article 11:
"2. The inspection team is composed of the
inspection team leader and members. The inspection team leader is a leader
at department level or higher of the Ministry of Finance, and members of the
inspection team are officials of the Ministry of Finance. Depending on
the scope of the inspection, the Ministry of Finance is advised to invite
accounting professionals from the accounting profession organization to join
the inspection team as members. inspection team members are accounting
professionals of a professional accounting organization with at least 3 years
of experience working in the fields of finance, accounting, and auditing.”
dd) Amendments point d clause 1 Article 12:
“d) Evaluate the inspected entity’s compliance with
professional standards, accounting regimes and relevant accounting laws in the
process of providing accounting services. Based on inspection records and
professional judgment, the inspection team shall provide an assessment of the
inspected matters in the report on inspection of accounting services (according
to Appendix IV issued together with according to this Circular and hereinafter
referred to as “inspection report”);”
e) Amendments to clause 1 Article 16:
"1. Records related to inspected matters are
guided in Clause 2, Section II, Appendix I issued with this Circular.”
g) Amendments to clause 1 Article 17:
"1. The number of service contracts selected
for inspection should be representative of the main types of services that the
inspected entity typically provides to its customers. During a periodic
inspection, there must be at least 3 service contracts selected for inspection.
For each inspected service contract, the inspection team provides an assessment
on the contract’s compliance with professional standards, accounting regimes
and relevant accounting laws."
h) Amendments to clause 3 Article 18:
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2. Replace some phrases and
Appendixes of Circular No. 09/2021/TT-BTC as follows:
a) Replace Appendix I issued with Circular No.
09/2021/TT-BTC with Appendix I issued with this Circular.
b) Replace Appendix IV issued with Circular No.
09/2021/TT-BTC with Appendix IV issued with this Circular.
c) Replace Appendix IV issued with Circular No.
09/2021/TT-BTC with Appendix V issued with this Circular.
d) Replace the phrase "60 working days"
with the phrase "60 days" in Clause 5, Article 9.
dd) Replace the phrase "customer" with
the phrase “accounting service recipient" in Clause 2, Article 4, Clause
3, Article 13.
3. Annul Appendix III
issued with Circular No. 09/2021/TT-BTC.
Article 5. Entry into force
1. This Circular comes into force as of July 1,
2024.
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PP. MINISTER
DEPUTY MINISTER
Vo Thanh Hung