THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
89/2000/TT-BTC
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Hanoi,
August 28, 2000
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CIRCULAR
GUIDING THE IMPLEMENTATION OF THE GOVERNMENT’S DECREE No.
49/1999/ND-CP ON SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS IN THE FIELD OF
ACCOUNTING
In furtherance of the Government’s Decree
No.49/1999/ND-CP on sanctions against administrative violations in the field of
accounting, the Finance Ministry hereby provides concrete guidance as follows:
I. GENERAL PROVISIONS
1. Administrative violations in the field of
accounting
Administrative violations in the field of
accounting are acts of individuals or organizations that have intentionally or
unintentionally breached the rules on the State management of accounting, but
not seriously enough to be examined for penal liability, which, however,
according to law provisions, must be administratively sanctioned. Depending on
the seriousness of the violations and the damage caused thereby, administrative
sanctions shall be imposed, including forms of additional sanction and other
measures when they are deemed necessary.
2. Subjects of sanction and scope of application
a/ Vietnamese citizens aged 18 or older must bear
administrative liability for all administrative violation acts they commit in
the field of accounting and must be sanctioned according to the provisions of
the Government’s Decree No.49/1999/ND-CP of July 8, 1999 and the guidance in
this Circular.
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c/ Foreign individuals and organizations that
lawfully operate in the Vietnamese territory and are subject to implement the
accounting work according to Vietnamese law, if committing administrative
violation acts in the field of accounting prescribed in Chapter II of Decree
No.49/1999/ND-CP, shall be sanctioned like Vietnamese citizens and
organizations mentioned above. Where it is otherwise provided for by the
international agreements which Vietnam has signed or acceded to, such
agreements shall apply.
3. Principle for sanctioning administrative
violations in the field of accounting
The sanctioning of administrative violations
must be effected by competent persons under the guidance in Part III of this
Circular, according to the principles:
a/ For acts of violation committed by
individuals, the sanctions shall be imposed on such individuals;
b/ For acts of violation committed by
organizations, the sanctions shall be imposed on such organizations.
The sanctioned organizations must abide by the
sanctioning decisions and at the same time determine the faults of each
individual who has directly committed such administrative violation so as to
decide the discipline and material responsibility.
c/ An act of administrative violation in the
field of accounting shall only be subject to single sanction; each organization
or individual committing many administrative violations shall be sanctioned for
each act of violation; many individuals jointly commit an act of administrative
violation, the sanction shall be imposed on each of such individuals;
d/ All acts of administrative violation in the
field of accounting, when detected, must be immediately stopped and be handled in
a timely and just manner according to the sanctioning procedures and
principles, and at the same time appropriate measures must be taken to overcome
the consequences thereof;
e/ Administrative sanctions shall not be imposed
in cases where the violators are determined through medical examinations as
having suffered from mental diseases, losing their cognition capability and
being incapable of controlling by themselves their acts during the time the
violations are committed.
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a/ The statute of limitations for sanctioning an
administrative violation in the field of accounting shall be 2 years from the
date such administrative violation in the field of accounting is committed;
b/ In cases where a violation is prosecuted or
decided for trial according to the criminal procedures but later decided by
competent authorities to suspend the investigation or the case, the
administrative sanction shall be imposed on acts with signs of administrative
violation. The statute of limitations for sanction against the administrative
violation in the field of accounting in the above mentioned case shall be 3
months from the date of issuing the decision to suspend the investigation or
the case;
c/ Where individuals or organizations continue
committing other violations during the sanctioning statute of limitations or
deliberately evade or obstruct the sanctioning, the above statute of
limitations for sanction shall not apply.
5. Cases of non-sanction against administrative
violations in the field of accounting
a/ Sanctions shall not be imposed on
administrative violations in the field of accounting if they are detected after
the statute of limitations for sanction prescribed in Section 4, Part I of this
Circular have expired;
b/ Acts of administrative violation in the field
of accounting, which carry signs of criminal offenses under the provisions of
law and their dossiers have been transferred by the local administrations or
financial inspection body to the competent agencies for settlement;
c/ If acts of administrative violation in the
field of accounting lead to tax evasion, tax frauds, they shall be subject to
sanctions against administrative violation in the field of taxation according
to the current regulations;
d/ The violators are persons suffering from
mental diseases or other singular ailments, which have deprived them of the
capability to cognize or self-control their acts;
e/ Citizens aged under 18, if committing acts of
administrative violations in the field of accounting, shall be sanctioned
according to Article 6 of the July 6, 1995 Ordinance on Handling of
Administrative Violations;
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6. Forms of sanction against administrative
violations in the field of accounting
For each administrative violation in the field of
accounting, the violating individual or organization shall be subject only to
one of the following forms of principal sanction:
- Warning;
- Fine.
Besides, the violating organization or
individual may also be subject to one or many forms of additional sanction and
other measures, such as confiscation of material evidences of the violation,
forcible restoration of the initial status altered due to the administrative
violation.
7. Extenuating circumstances in sanctions
against administrative violations in the field of accounting
Individuals and/or organizations have:
a/ Acted to reduce harms caused by the
violations or voluntarily overcome the consequences thereof and paid the
compensation therefor;
b/ Committed the violations in circumstance of
coercion, particular difficulty or force majeure.
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Individuals and/or organizations have committed
acts of
a/ Violation in an organized manner;
b/ Violation more than once, in a systematic
manner or relapse into the violation during the statute of limitations for
sanctioning the administrative violations in the field of accounting;
c/ Inducing, enticing or coercing persons who
rely on them materially and spiritually to commit the violation;
d/ Abusing their positions and powers to commit
the violations;
e/ Taking advantage of the situation of war,
natural calamities or other particularly difficult circumstances of the society
to commit the violations;
f/ Escaping after committing the violations,
concealing administrative violations.
9. Grounds to make conclusions on administrative
violations in the field of accounting, to decide sanctioning forms and levels
a/ The provisions in Chapter II on acts of
violation, sanctioning forms and levels in Decree No.49/1999/ND-CP of July 8,
1999 of the Government and the guidance in this Circular.
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II. ACTS OF ADMINISTRATIVE
VIOLATIONS IN THE FIELD OF ACCOUNTING, SANCTIONING FORMS AND LEVELS
Pursuant to the provisions in Chapter II of
Decree No.49/1999/ND-CP, the acts of administrative violation, sanctioning
forms and concrete sanctioning levels shall be as follows:
1. Violations against the competence to
promulgate and apply the accounting regimes
1.1. A fine of between VND 1,000,000 and
2,000,000 for first-time violations or those involving extenuating
circumstances; a fine of up to VND 5,000,000 for the second-time violations; a
fine of up to VND 10,000,000 for one of the following acts if they involve
aggravating circumstances:
a/ Improperly implementing the State regulations
on competence to promulgate the regimes on accounting vouchers, accounting
books, accounting accounts and financial reports or the principles prescribing
the accounting regimes;
b/ Requesting, stipulating or guiding the
subordinates to make accounting vouchers, accounting books, account system
and/or financial report forms in contravention of the current legislation on
accounting;
c/ Failing to register the accounting regime or
making the accounting regime registration later than time-limit prescribed in
the current regulations for units subject to the prescribed accounting regime
registration, except cases permitted in writing by the Finance Ministry to
prolong the time limit for accounting regime registration;
d/ Modifying accounting vouchers, accounting
books and/or financial reports, opening more accounts or changing the
accounting methods without the approval in writing by the competent authorities
as prescribed.
1.2. For acts of violation stated at Points a, b
and d above, the sanctioned units are forced to strictly adhere to the current
accounting regimes and subject to the confiscation of the material evidences of
the violations as form of additional sanction.
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2.1. A fine of between VND 500,000 and 1,500,000
for the first-time violations or those involving extenuating circumstances; a fine
of up to VND 3,000,000 for the second-time violations; a fine of up VND
5,000,000 for one of the following acts if aggravating circumstances are
involved:
a/ Failing to abide by the principle of
accounting voucher recording, including the electronic voucher regimes, in
reflecting arising economic and financial activities on accounting vouchers;
b/ Using invoices, receipts and/or accounting
vouchers in contravention of the Finance Ministrys regulations or without
permission of the competent bodies, including wrong inscription of economic
contents on invoices, receipts and/or vouchers; using fake invoices, receipts
or vouchers or expired invoices and vouchers; using invoice and/or receipt
forms printed by oneself without approval of the Finance Ministry;
c/ Selling blank financial invoices without
causing serious economic consequences yet. Where serious consequences are
caused, the cases must be transferred to competent bodies for settlement
according to the criminal procedures;
d/ Buying financial invoices in contravention of
the State’s regulations on management of invoices, receipts and vouchers;
e/ Losing financial invoices or accounting
vouchers without reporting thereon in time to the functional management bodies
according to the State’s regulations.
For acts of violation mentioned at Points b, c,
d and e above, if tax evasion or tax frauds are entailed, they shall be subject
to sanctions against administrative violations in the field of tax under the
current regulations.
2.2. A fine of between VND 2,000,000 and
5,000,000 for the first-time violations or those involving extenuating
circumstances; a fine of up to VND 10,000,000 for the second-time violations; a
fine of up to VND 15,000,000 if aggravating circumstances are involved in the
acts of letting other subjects use the unit’s accounts for money receipt and
transfer in violation of the financial and monetary management disciplines.
2.3. The form of additional sanction by
confiscating material evidences of the administrative violations shall be applied
against acts of violation stipulated in Clause 2.1 above (except cases of
invoice/receipt loss).
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3.1. A fine of between VND 2,000,000 and
5,000,000 for the first-time violations or those involving extenuating
circumstances; a fine of up to VND 10,000,000 for the second-time violations; a
fine of up to VND 15,000,000 for one of the following acts if aggravating
circumstances are involved:
a/ Falsifying accounting vouchers, accounting
books; making accommodation vouchers; making vouchers wrongly against the
contents of economic operations which have arisen; counterfeiting signatures,
stamps; making book-entries not evidenced by accounting vouchers; establishing
two systems of accounting books with different contents recorded therein;
b/ Falsely declaring figures, making untruthful
reports; making financial reports not true to the accounting books or the
reality;
c/ Forcing other persons to counterfeit
accounting vouchers and/or books, falsely declaring figures and making
untruthful reports on accounting figures.
3.2. The form of additional sanction by
confiscating material evidence of the administrative violations shall also be applied
to the acts stipulated at Points a and b of Clause 3.1 above.
4. Violations of the accounting principles of
timeliness and completeness
4.1. Warning or a fine of between VND 300,000
and 1,000,000 for the first-time violations or those involving extenuating
circumstances; a fine of up to VND 2,000,000 for the second-time violations; a
fine of up to VND 4,000,000 for one of the following acts if aggravating
circumstances are involved:
a/ Recording accounting vouchers not in time as
stipulated by the accounting regime: failing to make accounting vouchers when
economic operations have already occurred; failing to complete the voucher
making when economic operations have terminated;….
b/ Recording accounting books not in time as
stipulated by the accounting regime: failing to record the accounting books
daily with regard to books which require daily recording and closure; failing
to record accounting books when the accounting period has ended;….
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4.2. A fine of between VND 500,000 and 2,000,000
for the first-time violations or those involving extenuating circumstances; a
fine of up to VND 4,000,000 for the second-time violations; a fine of up to VND
7,000,000 for one of the following acts if aggravating circumstances are
involved:
a/ Recording accounting vouchers incompletely
according to the accounting regimes provisions on forms;
b/ Recording accounting books incompletely as
stipulated by the accounting regime;
c/ Making financial reports incompletely as
stipulated by the accounting regime.
5. Violations of the regulations on accounting
book opening, recording and closing and on inventory
5.1. Warning or a fine of between VND 200,000
and 500,000 for the first-time violations or those involving extenuating
circumstances; a fine of up to VND 1,000,000 for the second-time violations; a
fine of up to VND 2,000,000 for one of the following acts, if aggravating
circumstances are involved:
a/ Opening or closing accounting books in
contravention of the State’s regulations on accounting: opening and closing
accounting books not according to the accounting year and the provisions of the
accounting regime; failing to correctly carry forward the balance of the
previous accounting year into the new accounting year; failing to compare
figures of various accounting books;
b/ Recording the accounting books unclearly:
writing on incorrect lines or columns; writing with improper ink as
prescribed;…
c/ Correcting accounting books not according to
the methods prescribed by the accounting regime; making erasion or crossing out
in accounting books.
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5.3. A fine of between VND 1,000,000 and
3,000,000 for the first-time violations or those involving extenuating
circumstances; a fine of up to VND 8,000,000 for the second-time violations; a
fine of up to VND 15,000,000 for one of the following acts, if aggravating
circumstances are involved:
a/ Selling goods without making the financial
invoices, without making entries in goods sale accounting books;
b/ Reflecting untruthfully the actually arising
turnover like cutting a part of the turnover or increasing accommodation
turnover in the reporting year.
For acts of violation stated at Points a and b
above, if entailing the tax evasion or tax frauds, they shall also be subject
sanctions against administrative violations in the field of taxation according
to the current regulations.
5.4. A fine of between VND 500,000 and 1,000,000
for the first time violations or those involving extenuating circumstances; a
fine of up to VND 4,000,000 for the second-time violations; a fine of up to VND
7,000,000 for one of the following acts if aggravating circumstances are
involved:
a/ Failing to comply or having improperly
complied with the State regulations on asset inventory: failing to make
inventories at the prescribed time points; failing to compare books and compare
the inventoried figures with the actual figures as stipulated;…
b/ Failing to handle or improperly handling the
asset inventory results as stipulated by the State.
5.5. A fine of between VND 3,000,000 and
6,000,000 for the first-time violations or those involving extenuating
circumstances; a fine of up to VND 15,000,000 for the second-time violations; a
fine of up to VND 20,000,000 for acts of putting outside the accounting books
assorted assets and capital money, if aggravating circumstances are involved.
In addition to the sanctions, the violating
organizations and individuals shall also have to pay to the State the value of
damage caused by their above-mentioned administrative violations regarding the
accounting.
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A fine of between VND 1,000,000 and 3,000,000
for the first-time violations or those involving extenuating circumstances; a
fine of up to VND 8,000,000 for the second-time violations; a fine of up to VND
15,000,000 for one of the following acts, if aggravating circumstances are
involved:
6.1. Making financial reports not according to
the forms prescribed by the competent bodies;
6.2. Failing to comply or having improperly
complied with the provisions on supply of accounting materials related to
carrying out economic activities under the agreements already signed with
foreign countries and to other economic relations at the requests of the
functional bodies according to the provisions of law;
6.3. Failing to report, falsely reporting, or
reporting not fully on the contents requested by the State or as stipulated by
the competent bodies on the situation of borrowing and using foreign loans not
through the State and the domestic financial and banking systems according to
the provisions of law;
6.4. Failing to submit the periodical financial
reports according to the stipulation of the financial or banking agencies on
the units’ economic activities abroad;
6.5. The financial reports are not audited
according to the provisions of law.
7. Violations of the accounting inspection
regime
7.1. A fine of between VND 1,000,000 and
3,000,000 for the first-time violations or those involving extenuating
circumstances; a fine of up to VND 8,000,000 for the second-time violations; a
fine of up to VND 15,000,000 for one of the following acts, if aggravating
circumstances are involved:
a/ Obstructing the inspection or failing to
carry out the petitions of the inspecting organizations on accounting without
plausible reasons;
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c/ Correcting, modifying accounting vouchers,
accounting books while the financial and accounting inspections and
examinations are being conducted. Failing to observe the regime of accounting
self-inspection according to the State’s regulations;
d/ Failing to obey the competent body’s order on
sealing or having sealed not according to regulations the accounting dossiers,
materials, vouchers, books, fund safes and/or assets as prescribed by law;
e/ Arbitrarily breaking, removing or altering
the sealing status of warehouses, safes, gold and silver, gems, vouchers,
accounting books, dossiers on loan and payment, mortgage, guaranty or sealed or
temporarily seized material evidences, but without causing consequences. For
these acts, the detecting organizations or individuals shall have to carefully
scrutinize their seriousness; if signs of criminal offenses are found, they
must compile and transfer the dossiers to the competent bodies for settlement
according to the criminal procedures.
7.2. Subject to the application of other
measures being the forced restoration of the initial status, with regard to
acts of correcting, modifying accounting vouchers, accounting books; acts of
arbitrarily breaking, removing or altering the sealing status of warehouses,
safes, accounting vouchers, books, dossiers or sealed material evidences.
8. Violations of the regime of keeping the
accounting vouchers, books, financial reports
8.1. A fine of between VND 200,000 and 500,000
for the first-time violations or those involving extenuating circumstances; a
fine of up to VND 2,000,000 for the second-time violations; a fine of up to VND
4,000,000 for one of the following acts, if aggravating circumstances are
involved:
a/ Keeping the accounting dossiers and documents
not according to regulations;
b/ Using the archived accounting materials in
contravention of regulations.
8.2. A fine of between VND 500,000 and 1,000,000
for the first-time violations or those involving extenuating circumstances; a fine
of up to VND 4,000,000 for the second-time violations; a fine of up to VND
7,000,000 for one of the following acts: leaving to damage, losing accounting
vouchers, accounting books and/or financial reports which are being in the
archiving period due to the irresponsibility, if aggravating circumstances are
involved.
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a/ Destroying or abandoning accounting vouchers,
accounting books and/or financial reports when the prescribed duration for
their archival has not expired yet;
b/ Destroying or abandoning the expired
accounting vouchers, accounting books and/or financial reports not according to
the prescribed procedures;
c/ Destroying or abandoning the expired
accounting vouchers, accounting books and/or financial reports not in
accordance with competence or ultra vires.
9. Violations of the principles on organization
of accounting
9.1. A fine of between VND 2,000,000 and
5,000,000 for the first-time violations or those involving extenuating
circumstances; a fine of up to VND 10,000,000 for the second-time violations; a
fine of up to VND 15,000,000 for one of the following acts, if aggravating
circumstances are involved:
a/ Assigning accountants to concurrently hold
the posts of warehouse keepers, cashiers or material suppliers in contravention
of the State’s regulations on accounting;
b/ Employing persons to work as accountants,
warehouse keepers or cashiers, who are not allowed by law to do such jobs;
c/ Failing to arrange people or to organize
sections to perform the accounting work according to the States regulations on
accounting.
9.2. A fine of between VND 3,000,000 and
6,000,000 for the first-time violations or those involving extenuating
circumstances; a fine of up to VND 15,000,000 for the second-time violations; a
fine of up to VND 20,000,000 for one of the following acts, if aggravating
circumstances are involved:
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b/ Appointing persons who are professionally
unqualified and inexperienced for accounting work according to the prescribed
standards to the post of chief accountant.
9.3. Subject to the application of other
measures being the transfer of appointed cadres and chief accountants as
mentioned above to other jobs.
10. Transfer of dossiers on administrative
violations in the field of accounting for penal liability examination
a/ When deeming that acts of administrative
violation in the field of accounting are serious, showing criminal signs, the
competent persons shall have to transfer the dossiers to the bodies competent
to handle criminal cases for settlement.
b/ To strictly forbid the retaining of cases of
administrative violation in the field of accounting, which show signs of
criminal offenses, for administrative handling.
III. SANCTIONING COMPETENCE,
SANCTIONED ORGANIZATIONS AND INDIVIDUALS, SANCTIONING PROCEDURES
1. Competence to sanction administrative
violations in the field of accounting
a/ Financial inspectors (including the tax
inspectors) at various levels, who are being on official duty, are competent to
impose warning or a fine of VND 200,000 for acts of administrative violation in
the field of accounting, prescribed in Clause 1, Article 9; Clause 1, Article
12, of Decree No.49/1999/ND-CP.
In case of necessity, forms of additional
sanction and other measures prescribed in Articles 5, 6, 7 and 11 of Decree
No.49/1999/ND-CP may also apply.
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In case of necessity, forms of additional
sanction and other measures prescribed in Articles 5, 6, 7, 11 and 13 of Decree
No.49/1999/ND-CP may also apply.
c/ The chief financial inspector of the Finance
Ministry is competent to impose warning or a total fine of up to VND 20,000,000
for acts of administrative violations in the field of accounting, prescribed in
Chapter II of Decree No.49/1999/ND-CP.
In case of necessity, forms of additional
sanction and other measures prescribed in Articles 5, 6, 7, 11 and 13 of Decree
No.49/1999/ND-CP may also apply.
d/ The presidents of the People’s Committees of
the urban districts, rural districts, provincial towns and cities are competent
to impose warning or a total fine of up to VND 10,000,000 for acts of administrative
violation in the field of accounting, prescribed in Chapter II of Decree
No.49/1999/ND-CP.
In case of necessity, forms of additional
sanction and other measures prescribed in Articles 5, 6, 7, 11 and 13 of Decree
No.49/1999/ND-CP may also apply.
e/ The presidents of the People’s Committees of
the provinces and centrally-run cities are competent to impose warning or a
total fine of up to VND 100,000,000 for acts of administrative violation in the
field of accounting, prescribed in Chapter II of Decree No.49/1999-ND-CP.
In case of necessity, form of additional
sanction and other measures prescribed in Articles 5, 6, 7, 11 and 13 of Decree
No. 49/1999/ND-CP may also apply.
2. Authorization to sanction administrative violations
in the field of accounting
Where persons competent to sanction
administrative violations prescribed in Clauses 2 and 3, Article 15 and Clauses
1 and 2, Article 16 of Decree No.49/1999/ND-CP of July 8, 1999 of the
Government are absent, their deputies, authorized by such persons, are
competent to sanction according to their competence.
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- The People’s Committees of the districts, the
provinces and centrally-run cities are competent to sanction administrative
violations in the field of accounting in their respective localities;
- The financial inspection agencies at all
levels are competent to sanction administrative violations in the field of
accounting under their respective management;
- Other agencies having no competence to
sanction administrative violations in the field of accounting mentioned above,
if detecting acts of administrative violation in the field of accounting, shall
have to make records on the acts of violation and transfer the dossiers to the
competent agencies for settlement.
- Where the agencies with sanctioning competence
deem that the acts of administrative violation in the field of accounting are
beyond their competence, they must transfer the dossiers to the competent
authorities for settlement.
- Where acts of administrative violation in the
field of accounting fall under the sanctioning competence of many agencies, the
sanctioning of such administrative violations shall be carried out by the
agency which receives and processes the dossiers first.
4. Procedures for sanctioning administrative
violations in the field of accounting
The procedures for sanctioning administrative
violations in the field of accounting shall comply with the provisions in
Chapter VI of the Ordinance on Handling of Administrative Violations of July 6,
1995, are guided in detail as follows:
- Warning shall be imposed on the first-time
violations due to objective causes or involving extenuating circumstances. The
decision on warning penalty must be made in writing; when deeming it necessary,
the agencies issuing the sanctioning decisions may send the sanctioning
decisions to the administrations of the localities where the violators reside
or to the agencies which manage the violators;
- When detecting any acts of administrative
violation in the field of accounting, the detecting agencies may order the
immediate suspension thereof and proceed with the making of the record on the
administrative violations. Such a record must be made in 2 copies and signed by
the record maker, the violator and the representative of the unit of the
violator;
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- Where a decision on a fine of VND 2,000,000 or
more is issued, such decision must also be sent to the People’s Procuracy of
the same level for information;
- When deciding to sanction a person who has
committed many acts of administrative violation, the competent person shall
decide form of sanctioning each act of violation; if the sanctioning forms
constitute the pecuniary penalty, they must be aggregated into a sanctioning
level. Where many persons commit one or many acts of administrative violation,
each violator must be given a separate sanctioning decision;
- Sanctioning decisions take effect immediately
after their signing, except where they contain specific provisions, and shall
be sent to the sanctioned organizations and individuals within 3 days. The
sanctioned organizations and individuals shall have to immediately execute the
sanctioning decisions upon the receipt thereof.
5. Coercive execution of decisions to sanction
administrative violations in the field of accounting
The coercive execution of decisions on
sanctioning administrative violations in the field of accounting shall comply with
the provisions in Article 55 of the Ordinance on Handling of Administrative
Violations of July 6, 1995, being guided in detail as follows:
- 5 days after the receipt of the sanctioning
decisions, if the sanctioned organizations or individuals fail to voluntarily
execute the decisions, the presidents of the People’s Committees of the urban
districts, rural districts, provincial towns, provinces or centrally-run
cities, specialized financial chief inspectors of the levels of
provincial/municipal Finance Service and Finance Ministry are entitled to:
+ Request banks, State Treasury or other credit
institutions to deduct money from the accounts of the sanctioned organizations
or individuals for payment of fines.
The above-mentioned credit institutions, after
receiving the official dispatches together with the sanctioning decisions,
shall have to base themselves on the money amounts inscribed in the sanctioning
decisions to implement the regime of giving priority to deduction for fine
payment.
+ Coordinate with other functional agencies in
applying other coercise measures for the enforcement of the sanctioning
decisions.
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- The handling of material evidences and seized
violating means shall comply with the provisions in Article 52 of the Ordinance
on Handling Administrative Violations of July 6, 1995.
6. The statute of limitations for enforcement of
decisions on sanctioning administrative violations in the field of accounting
- The decisions on sanctioning administrative
violations in the field of accounting shall have no effect for implementation
after one year from the date of issuance. During this time limit, if the
violating individuals or organizations continue committing administrative violations
in the field of accounting, they are considered as having committed the
violations more than once which shall serve as basis for considering the
aggravating circumstances before issuing the sanctioning decisions. Past the
above time limit, if the individuals or units continue committing the
violations, such violations are considered the first-time violations.
- Where the sanctioned individuals and/or
organizations deliberately evade or delay the execution of sanctioning
decisions, the statute of limitations prescribed in this article shall not
apply.
IV. COMPLAINTS, DENUNCIATIONS
1. Complaints, denunciations
Complaints, denunciations and the settlement of
complaints and denunciations about decisions on sanctioning administrative violations
in the field of accounting prescribed in Article 24 of Decree No.49/1999/ND-CP
of July 8, 1999 of the Government on sanctioning administrative violations in
the field of accounting shall comply with the provisions in Articles 87, 88 and
90 of the Ordinance on Handling of Administrative Violations of July 6, 1995.
2. Competence to settle complaints
a/ The presidents of the People’s Committees of
the level of districts and provincial towns shall settle complaints about their
decisions on sanctioning administrative violations in the field of accounting;
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b/ Chief financial inspectors shall settle
complaints about their decisions as well as decisions of the inspectors of the
same level on sanctions against administrative violations in the field of
accounting;
c/ The directors of the Finance-Pricing Services
of the provinces and centrally-run cities shall settle complaints about
decisions of the chief inspectors of the provincial/municipal Finance-Pricing
Services on settling complaints about sanctions against administrative
violations in the field of accounting;
d/ The Finance Minister shall, according his/her
function and powers in the State management over accounting, settle complaints
about decisions of the presidents of the People’s Committees of the provinces
and centrally-run cities, the directors of the provincial/municipal
Finance-Pricing Services and the chief financial inspector of the Finance
Ministry, on sanctioning administrative violations in the field of accounting.
V. COMMENDATION, DISCIPLINE
1. Commendation
Individuals and organizations that have merits
in the following shall be considered for commendation:
+ Detecting and denouncing individuals and
organizations that commit acts of administrative violation in the field of
accounting;
+ Preventing violations, limiting the serious
consequences caused by administrative violations in the field of accounting;
+ Directly participating in the examination,
inspection, detection, issuance of sanctioning decisions and urging for
implementation of the sanctioning decisions effectively. Such persons shall all
be considered for timely commendation (both materially and spiritually)
according to the States regulations.
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Those who have competence to handle
administrative violations in the field of accounting but commit acts of
administrative violations in the field of accounting or fail to abide by the
provisions on sanctions against administrative violation in the field of
accounting shall, depending on the nature and seriousness of the violations, be
disciplined or examined for penal liability; if damage is caused, the
compensation must be paid according to the current law provisions.
VI. IMPLEMENTATION ORGANIZATION
This Circular takes effect as from the effective
date of the Government’s Decree No.49/1999/ND-CP of July 8, 1999.
If any problems arise in the course of
implementation, the units are requested to report them in time to the Finance
Ministry for study and settlement.
FOR THE FINANCE MINISTER
VICE MINISTER
Tran Van Ta