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THE GOVERNMENT
OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 132/2026/ND-CP
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Hanoi, April 06, 2026
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DECREE
AMENDMENTS TO GOVERNMENT’S DECREE NO.
41/2018/ND-CP DATED MARCH 12, 2018 PRESCRIBING PENALTIES FOR ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON ACCOUNTING AND INDEPENDENT AUDIT
Pursuant to the Law on
Government Organization No. 63/2025/QH15;
Pursuant to the Law on
Handling of Administrative Violations No. 15/2012/QH13; the Law providing
amendments to the Law on Handling of Administrative Violations No.
67/2020/QH14; and the Law providing amendments to the Law on Handling of
Administrative Violations No. 88/2025/QH15;
Pursuant to the Law on
Accounting No. 88/2015/QH13;
Pursuant to the Law
providing amendments to Law on Securities, Law on Accounting, Law on
Independent Audit, Law on State Budget, Law on Management and Use of Public
Property, Law on Tax Administration, Law on Personal Income Tax, Law on
National Reserves, and Law on Penalties for Administrative Violations No.
56/2024/QH15;
Pursuant to the Law on
Anti-money Laundering No. 14/2022/QH15;
Pursuant to the
Counter-Terrorism Law No. 28/2013/QH13;
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The Government of
Vietnam hereby promulgates a Decree providing amendments to the Government’s
Decree No. 41/2018/ND-CP dated March 12, 2018 prescribing penalties for
administrative violations against regulations on accounting and independent
audit.
Article
1. Amendments to clause 3 Article 3
“3. Determination of
prescriptive periods for imposition of penalties for violations in the
accounting field:
a) For a completed
administrative violation, the prescriptive period begins to run from the time the
commission of that violation ends;
b) For an in-progress
administrative violation, the prescriptive period begins to run upon discovery
of that violation;
c) For the purpose of
determination of prescriptive periods, the ending time of the violations in the
accounting field prescribed in this Decree shall be:
The time when the
violating entity finishes business processes or their tasks as prescribed in
the laws on accounting; or
The time when the
violating entity ends the commission of violation to comply with regulations of
the law on accounting.
d) Apart from the
provisions of point c of this clause, the authority or officer competent to
impose penalties shall determine whether a violation has been completed or is
in progress in accordance with regulations of the law on accounting and on the
basis of documents, materials and facts of each violation.”.
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“2. The fines specified in
Chapter II of this Decree are imposed upon organizations, except the cases in
clause 1 Article 7; Article 8; Article 9; Article 10; Article 11; Article 13;
Article 14; Article 15; Article 16; Article 17; Article 19; clause 1, clause 3
Article 21; Article 22; Article 23; Article 24; Article 26; Article 33; Article
34; Article 35a where the fines will be imposed upon individuals. The fine
imposed upon an organization is twice as much as that imposed upon an
individual for committing the same violation.
3. The penalties imposed
by a title holder prescribed in Chapter IV of this Decree are those imposed for
an administrative violation committed by an individual. In case of fines, the
fine imposed upon an organization is twice as much as that imposed upon an
individual by the same title holder.”.
Article
3. Addition of Section 8 and Article 35a Chapter II
“Section 8
VIOLATIONS AGAINST REGULATIONS ON ANTI-MONEY LAUNDERING;
ANTI-TERRORISM FINANCING; COUNTER TO FINANCING OF PROLIFERATION OF WEAPONS OF
MASS DESTRUCTION IN PROVISION OF ACCOUNTING SERVICES
Article 35a. Penalties
for violations against regulations on anti-money laundering; anti-terrorism
financing; counter to financing of proliferation of weapons of mass destruction
in provision of accounting services
1. Penalties for
violations against regulations on customer identification; regulations on risk
assessment; and regulations on risk-based customer classification
a) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for commission of one of the
following violations:
Failing to carry out
customer identification; failing to update or verify customer identification
information; or carrying out customer identification, updating or verifying
customer identification information in contravention of regulations of law on
anti-money laundering, anti-terrorism financing, and counter to financing of
proliferation of weapons of mass destruction;
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Failing to carry out
assessment of risks of money laundering, terrorism financing, and financing of
proliferation of weapons of mass destruction or failing to update results of
such risk assessment in accordance with regulations of law;
Failing to submit reports
on or to disseminate results of assessment and updating of risks of money
laundering, terrorism financing, and financing of proliferation of weapons of
mass destruction in accordance with regulations of law.
b) A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for failing to develop or
promulgate risk management procedures, failing to carry out risk-based customer
classification, or developing the risk management procedures or carrying out
risk-based customer classification against regulations of law on anti-money
laundering, anti-terrorism financing, and counter to financing of proliferation
of weapons of mass destruction.
2. Penalties for
violations against regulations on application of internal regulations on
anti-money laundering, anti-terrorism financing, and counter to financing of
proliferation of weapons of mass destruction; regulations on retention,
provision, and confidentiality of information, records, documents and reports
a) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for commission of one of the
following violations:
Failing to apply, or
improperly applying, internal regulations to internal control and audit as
prescribed by laws on anti-money laundering, anti-terrorism financing, and
counter to financing of proliferation of weapons of mass destruction;
Failing to apply internal
regulations on assignment or failing to register the assignment of individuals/officials/departments
in charge of anti-money laundering, anti-terrorism financing, and counter to
financing of proliferation of weapons of mass destruction as prescribed by laws
on anti-money laundering, anti-terrorism financing, and counter to financing of
proliferation of weapons of mass destruction;
Failing to apply, or
improperly applying, internal regulations on training, refresher training and
recruitment as prescribed by laws on anti-money laundering, anti-terrorism
financing, and counter to financing of proliferation of weapons of mass
destruction.
b) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for failing to promulgate
internal regulations or promulgating such internal regulations against laws on
anti-money laundering, anti-terrorism financing, and counter to financing of
proliferation of weapons of mass destruction;
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Failing to provide information,
records, documents and reports in a timely manner as prescribed by laws on
anti-money laundering, anti-terrorism financing, and counter to financing of
proliferation of weapons of mass destruction, if not liable to criminal
prosecution;
Failing to retain, or
inadequately retaining, information, records, documents and reports; failing to
comply with the prescribed periods of retention of information, records,
documents and reports, as prescribed by laws on anti-money laundering,
anti-terrorism financing, and counter to financing of proliferation of weapons
of mass destruction, if not liable to criminal prosecution;
Failing to comply with
regulations on protection of confidentiality of customer identification
information with respect to those information, documents, records or reports
related to should-be-reported transactions laid down in laws on anti-money
laundering, anti-terrorism financing, and counter to financing of proliferation
of weapons of mass destruction, if not liable to criminal prosecution.
3. Penalties for
violations against regulations on foreign customers that are politically
exposed persons (PEPs)
A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for failing to comply with
regulations regarding foreign customers that are PEPs laid down in the Law on
Anti-Money Laundering.
4. Penalties for
violations against regulations on special transaction monitoring
A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for failing to carry out special
transaction monitoring as prescribed by the Law on Anti-Money Laundering.
5. Penalties for
violations against regulations on reporting on large-value transactions,
suspicious transactions, and suspicious activities related to terrorism
financing, and financing of proliferation of weapons of mass destruction
a) A fine ranging from VND
8.000.000 to VND 12.000.000 shall be imposed for commission of one of the
following violations:
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Submitting reports with
incomplete information, as required by law, on suspicious transactions
involving money laundering, terrorism financing, or financing of proliferation
of weapons of mass destruction.
b) A fine ranging from VND
15.000.000 to VND 25.000.000 shall be imposed for commission of one of the
following violations:
Failing to submit reports
on large-value transactions which must be reported as prescribed by law;
Failing to submit reports
on suspicious transactions involving money laundering, terrorism financing, or
financing of proliferation of weapons of mass destruction;
Failing to submit reports
where there is a suspicion that a customer or a customer’s transaction is
related to terrorism financing or financing of proliferation of weapons of mass
destruction, or where a customer is included in a Blacklist or a Sanctions
List, as prescribed by laws on counter-terrorism and counter to financing of
proliferation of weapons of mass destruction.
6. Penalties for violations
against regulations on prohibited acts in anti-money laundering and
anti-terrorism financing
a) A fine ranging from VND
15.000.000 to VND 25.000.000 shall be imposed for obstructing the provision of
information serving the performance of anti-money laundering and anti-terrorism
financing tasks;
b) A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for illegally providing services
of receipt of cash, cheques, other monetary instruments or stores of value and
making payments to beneficiaries;
c) A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for commission of one of the
following violations:
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Establishing and
maintaining business relationship with shell banks, if not liable to criminal
prosecution;
Failing to denounce
terrorism financing activities, if not liable to criminal prosecution;
Taking advantage of the
suspension of circulation, freezing, sealing, impoundment or handling of money
and assets related to terrorism financing for harming the State interests or
legitimate rights and benefits of regulatory authorities, organizations and/or
individuals, if not liable to criminal prosecution;
Directly or indirectly
providing money, assets, financial resources, economic resources, financial
services, or other services to entities related to terrorism or terrorism
financing, if not liable to criminal prosecution.
7. Penalties for violations
against regulations on anti-money laundering, anti-terrorism financing, and
counter to financing of proliferation of weapons of mass destruction in the
provision of accounting services that are not otherwise provided for in this
Decree shall be imposed in accordance with the provisions of the Government’s
Decree No. 340/2025/ND-CP dated December 25, 2025.”.
Article
4. Amendments to Chapter IV
“Chapter IV
POWER TO MAKE RECORDS OF AND IMPOSE PENALTIES FOR
ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON ACCOUNTING
Article 69. Power to
make records of administrative violations against regulations on accounting
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1. The persons that have
the power to impose penalties for administrative violations against regulations
on accounting prescribed in this Decree.
2. Civil servants, public
employees, and people working for the People's Army and People's Public
Security Forces who are on duty or performing tasks in accordance with
regulations of law or decisions of competent authorities or persons.
Article 70. Power to
impose penalties of heads of authorities performing state management tasks in
fields and sectors, and some other title holders
1. Directors of
provincial-level Departments of Finance have the power to impose the following
penalties for violations in the accounting field:
a) Issue warning;
b) Impose a fine up to VND
40.000.000;
c) Confiscate the exhibits
of administrative violations;
d) Suspend accounting
practicing certificate, or certificate of eligibility to provide accounting
services, or suspend operations for a fixed period;
dd) Impose the remedial
measures specified in Article 5 of this Decree.
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a) Issue warning;
b) Impose a fine up to VND
50.000.000;
c) Confiscate the exhibits
of administrative violations;
d) Suspend accounting
practicing certificate, or certificate of eligibility to provide accounting
services, or suspend operations for a fixed period;
dd) Impose the remedial measures
specified in Article 5 of this Decree.
3. Heads of examination
teams established by heads of organizations affiliated to Ministries or
ministerial agencies assigned to perform their state management tasks have the
power to impose penalties as prescribed in clause 1 of this Article.
Heads of examination teams
established by Ministers or heads of ministerial agencies have the power to
impose penalties as prescribed in clause 2 of this Article.
Article 70a. Power to
impose penalties of SBV Inspectorate
1. SBV’s inspectors have
the power to impose the following penalties for violations in the accounting
field:
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b) Impose a fine up to VND
5.000.000;
c) Confiscate the
exhibits/instrumentalities whose value does not exceed twice the fine specified
in point b of this clause.
2. Heads of inspection
teams established by Chief Inspectors of SBV's regional branches have the power
to impose the following penalties for violations in the accounting field:
a) Issue warning;
b) Impose a fine up to VND
25.000.000;
c) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
d) Impose the remedial
measures specified in Article 5 of this Decree.
3. Chief Inspectors of SBV's
regional branches have the power to impose the following penalties for
violations in the accounting field:
a) Issue warning;
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c) Confiscate the exhibits
of administrative violations;
d) Suspend accounting
practicing certificate, or certificate of eligibility to provide accounting
services, or suspend operations for a fixed period;
dd) Impose the remedial
measures specified in Article 5 of this Decree.
4. SBV’s Chief Inspector
and Heads of inspection teams established by SBV's Chief Inspector have the
power to:
a) Issue warning;
b) Impose a fine up to VND
50.000.000;
c) Confiscate the exhibits
of administrative violations;
d) Suspend accounting
practicing certificate, or certificate of eligibility to provide accounting
services, or suspend operations for a fixed period;
dd) Impose the remedial
measures specified in Article 5 of this Decree.
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1. Chairpersons of
People’s Committees of communes, wards or special zones have the power to
impose the following penalties for violations in the accounting field:
a) Issue warning;
b) Impose a fine up to VND
25.000.000;
c) Confiscate the exhibits
of administrative violations;
d) Suspend accounting
practicing certificate, or certificate of eligibility to provide accounting
services, or suspend operations for a fixed period;
dd) Impose the remedial
measures specified in Article 5 of this Decree.
2. Chairpersons of
People’s Committees of provinces or central-affiliated cities have the power to
impose the following penalties for violations in the accounting field:
a) Issue warning;
b) Impose a fine up to VND
50.000.000;
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d) Suspend accounting
practicing certificate, or certificate of eligibility to provide accounting
services, or suspend operations for a fixed period;
dd) Impose the remedial
measures specified in Article 5 of this Decree.
Article 71a. Online
handling of administrative violations
Online handling of the
administrative violations prescribed in this Decree shall comply with
provisions of Article 18a of the Law on Handling of Administrative Violations,
and Article 28a and Article 28b of the Government’s Decree No. 118/2021/ND-CP
dated December 23, 2021 elaborating and providing measures for implementation
of the Law on Handling of Administrative Violations (as amended by the
Government’s Decree No. 68/2025/ND-CP dated March 18, 2025 and the Government’s
Decree No. 190/2025/ND-CP dated July 01, 2025).”.
Article
5. Effect
1. This Decree comes into
force from May 21, 2026.
2. If any legislative
documents referred to in this Decree are amended or replaced, the amending or
replacement documents shall apply.
Article
6. Responsibility for implementation
1. The Minister of Finance
shall instruct and organize the implementation of this Decree.
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ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
DEPUTY PRIME MINISTER
Ho Duc Phoc