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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;
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.
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