THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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|
No.
105/2013/ND-CP
|
Hanoi,
September 16, 2013
|
DECREE
ON
SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN DOMAINS OF ACCOUNTING AND
INDEPENDENT AUDIT
Pursuant to the Law on organization of
Government dated December 25, 2001;
Pursuant to the Law on handling of
administrative violations dated June 20, 2012;
Pursuant to the Law on accounting dated June 17,
2003;
Pursuant to the Law on Independent Audit dated
March 29, 2011;
At the proposal of Minister of Finance;
The Government promulgates Decree on sanctioning
of administrative violations in domains of accounting and independent audit.
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GENERAL PROVISIONS
Article 1. Scope of adjustment
This Decree specifies acts of administrative
violation, statute of limitations for sanctioning, sanctioning forms and
levels, remedies; competence for making minutes and competence for sanctioning
administrative violations in domains of accounting and independent audit.
Article 2. Subjects of
application
1. Domestic and foreign individuals and
organizations (hereinafter collectively referred to as individuals and organizations)
who violate provisions of law on accounting, independent audit in Vietnam’s
territory, but not to the extent of being examined for penal liability will be
sanctioned administrative violations as prescribed in this Decree.
2. The persons competent to making minutes,
handling of administrative violations and other concerned individuals and
organizations.
Article 3. Statute of
limitations for handling of administrative violations
1. Statute of limitations for sanctioning
administrative violations in domain of accounting will be 2 years;
2. Statute of limitations for sanctioning
administrative violations in domain of independent audit will be 1 year;
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a) For an act of administrative violation already
ended, statute of limitations is calculated from time of ending act of
violation.
b) For an act of administrative violation currently
being performed, statute of limitations is calculated from time of detecting
act of violation.
4. In case of sanctioning administrative violations
for individuals which are transferred by the agencies conducting the
proceedings, statute of limitations will comply with provisions in Clause 1,
Clause 2 and Clause 3 of this Article. Duration for the agencies conducting the
proceeding to process and consider will be included in statute of limitations
for sanctioning administrative violations.
5. In time limit prescribed in Clause 1, Clause 2
and Clause 3 of this Article, if individuals or organizations deliberately
shirk or obstruct the sanction, statute of limitations for sanctioning
administrative violations will be recounted, starting from the time of
termination of acts of shirking or obstructing sanction.
Article 4. Forms of sanctioning
administrative violations
1. For each act of administrative violation in
domains of accounting, independent audit, organizations and individuals
violated must suffer one of following principal sanctioning forms:
a) Impose warning;
b) Fine:
The maximum fine levels in accounting will be VND
30,000,000 for individuals and VND 60,000,000 for organizations. The fine
levels defined in Articles from 7 thru 16 Chapter 2 of this Decree will be the
fine levels applicable to individuals. For the same act of administrative
violation, the fine level for infringing organizations will be twice as the
fine level for individual.
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c) Deprive of the right to use practice permits or
certificates or operation suspension for a definite period in independent
audit:
- Suspension of provision of audit service applicable
to audit organization for up 12 months from the effective day of sanction
decision;
- Suspension of practicing audit applicable to the
practice auditors for up 12 months from the effective day of sanction decision;
- Suspension of updating knowledge for auditors for
up 06 months from the effective day of sanction decision;
- Suspension of providing through-border audit
service in Vietnam of foreign audit enterprises for up 24 months from the
effective day of sanction decision;
- Deprive of the right to use certificates of
registration for practicing audit for up 24 months from the effective day of
sanction decision;
- Deprive of the right to use certificates of
eligibility for provision of audit service for up 24 months from the effective
day of sanction decision;
2. Apart from principal sanctioning forms
prescribed in Clause 1 of this Article, depending on nature and seriousness of
violations, organizations and individuals violating administratively in
accounting may also be forced to apply the following additional sanctioning
forms:
a) Deprive of the right to use the accountancy
practice certificates for persons practicing accountancy from 1 month to 3
months; suspension of provision of accounting service for organizations
providing accounting service from 1 month to 3 months;
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Article 5. Remedial measures
Individuals and organizations violating
administratively in domains of accounting and independent audit, apart from
being applied to the sanctioning forms, may also be forced to apply the
following remedies:
1. Remedial measures in accounting include:
a) Forcible destruction of accounting vouchers
which have been made in an overlapping manner;
b) Forcible restoration of the accounting books;
c) Forcible remittance of illicit earnings from the
commission of administrative violations.
2. Remedial measures in independent audit include:
a) Forcible correction of wrong or misleading
information;
b) Forcible remittance of illicit earnings from the
commission of administrative violations.
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Article 6. Application of
provisions of law on sanctioning of administrative violations in relevant
domains
If acts of administrative violations related to
accounting, independent audit have been prescribed in other documents, the
sanction will comply with such documents.
Chapter 2.
VIOLATIONS, SANCTIONING
FORMS AND LEVELS IN ACCOUNTING
Article 7. Sanction of acts
violating provisions on accounting vouchers
1. Warning for act of signing accounting vouchers
inconsistently with provisions on position of signatures of titles for each
type of accounting vouchers.
2. A fine of between VND 500,000 and 1,000,000 for
any of the following acts:
a) Making accounting vouchers with insufficient
principal details as prescribed by the accounting legislation;
b) Erasing, modifying accounting vouchers.
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a) Making accounting vouchers without the
sufficient number of duplicate copies according to regulations on each type of
accounting document;
b) Signing on accounting vouchers which are not
fully filled in the contents falling under the signatories’ responsibility;
c) Signing accounting vouchers when having no
competence or authorization to sign.
4. A fine of between VND 20,000,000 and 30,000,000
for any of the following acts:
a) Forging or making false statements in the
accounting vouchers;
b) Reaching agreement with or compelling other
persons to forge, or make false statements in, accounting vouchers;
c) Making accounting vouchers with duplicate copies
containing different contents, for cases of making vouchers with more than one
duplicate copy for one arisen economic or financial operation;
d) Failing to make accounting vouchers for arisen
economic or financial operations;
dd) Making more than once accounting vouchers for
one arisen economic or financial operation;
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5. Additional sanctions:
a) Confiscation of accounting vouchers for
violations specified in points a, b Clause 4 of this Article;
b) Deprive of the right to use the accountancy
practice certificates for persons practicing accountancy from 1 month to 3
months; suspension of provision of accounting service for organizations
providing accounting service from 1 month to 3 months, in case of violation
specified in Clause 4 of this Article.
6. Remedial measures:
Forcible destruction of accounting vouchers which
have been made in an overlapping manner for an operation specified in point dd
Clause 4 of this Article;
Article 8. Sanction of acts
violating provisions on accounting books
1. A warning or a fine of between VND 500,000 and
1,000,000 for one of the following acts:
a) Making accounting books with insufficient
contents according to regulations, such as no name of the accounting unit, no
book name, no opening date of book; no closing date of book; no signature of
the person making book, chief accountant and legal representative of accounting
unit; no page number, no overlapping stamps on accounting book pages;
b) Making entries in accounting books with
insufficient principal contents according to regulations;
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d) Failing to bind up separate books for each
accounting period and complete legal formalities after printing out books on
paper in case of computerized accounting.
2. A fine of between VND 3,000,000 and 5,000,000
for any of the following acts:
a) Opening accounting books not in accordance with
general principles applicable to one of accounting book forms according to
regulations;
b) Making entries in accounting books without using
the method prescribed in the accounting standards and accounting regime;
c) Making entries in or closing accounting books
not in time according to regulations;
d) Correcting errors in accounting books without
using the prescribed method.
3. A fine of between VND 5,000,000 and 10,000,000
for any of the following acts:
a) Failing to open accounting books at the
beginning of the annual accounting period or from the date of establishment of
the accounting unit;
b) Failing to keep accounting vouchers evidencing
information and figures recorded in accounting books or figures recorded in
accounting books failing to match accounting vouchers;
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d) Failing to close accounting books in cases where
accounting books must be closed according to the accounting legislation;
dd) Failing to print out accounting books on paper
after closing computerized books for types of book which must be printed
according to regulation, or failing to have full signatures and seal according
to regulation after printing out accounting books.
4. A fine of between VND 20,000,000 and 30,000,000
for any of the following acts:
a) Opening accounting books outside the system of
official accounting books of the unit;
b) Forging accounting books;
c) Reaching agreement with or compelling other
persons to forge accounting books;
d) Deliberately leaving out of accounting books
property of, or related to, the unit;
dd) Destroying accounting books ahead of time or
deliberately damaging them.
5. Additional sanctions:
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b) Deprive of the right to use the accountancy
practice certificates for persons practicing accountancy from 01 month to 03 months;
suspension of provision of accounting service for organizations providing
accounting service from 01 month to 03 months, in case of violation specified
in Clause 4 of this Article.
6. Remedial measures:
Forcible restoration of accounting books, for
violations prescribed at Point dd Clause 4 of this Article.
Article 9. Sanction of acts
violating provisions on bookkeeping accounts
1. A fine of between VND 5,000,000 and 10,000,000
for any of the following acts:
a) Keeping accounts not according to the prescribed
contents of bookkeeping accounts;
b) Modifying accounting contents and methods of
bookkeeping accounts promulgated by the Finance Ministry or opening additional
bookkeeping accounts within the selected system of grade-I bookkeeping accounts
without the approval of the Finance Ministry.
2. A fine of between VND 10,000,000 and 20,000,000
for any of the following acts:
a) Failing to correctly apply the system of
bookkeeping accounts prescribed for the unit’s branch or domain of activity;
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Article 10. Sanction of acts
violating provisions on financial statements, settlement reports and disclosure
of financial statements
1. A fine of between VND 5,000,000 and 10,000,000
for any of the following acts:
a) Failing to make or making financial statements
with insufficient contents according to regulations;
b) Making and presenting financial statements
without observing the prescribed method; with unclear or contradictory contents
according to regulations;
c) Submitting financial statements, settlement
reports to competent State bodies between one and three months later than the
set deadline;
d) Disclosing financial statements with
insufficient contents according to regulations, including: the annual
settlements of state budget revenue and expenditure, and other financial
revenues and expenditures; situation of assets, payable debts, equity capital,
result of business operation, setting up and use of funds, incomes of laborers;
dd) Disclosing financial statements later than one
to three months in comparison with the set deadline.
2. A fine of between VND 20,000,000 and 30,000,000
for any of the following acts:
a) Submitting financial statements, settlement reports
to competent State bodies more than three months later than the set deadline;
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c) Forging financial statements, falsifying figures
in financial statements;
d) Reaching agreement with or compelling other
persons to forge financial statements, falsify figures in financial statements;
dd) Deliberately reaching agreement with or
compelling other persons to provide or certify untrue information, accounting
figures;
e) Disclosing financial statements more than three
months later than the set deadline;
g) Information and figures in the disclosed
financial statements are untrue;
h) Submitting financial statements to competent
state agencies without enclosed audit reports for cases where audit is required
in accordance with law.
3. Additional sanctions:
a) Deprive of the right to use the accountancy
practice certificates for persons practicing accountancy from 01 month to 03
months; suspension of provision of accounting service for organizations
providing accounting service from 01 month to 03 months, in cases of violations
stated in points b, c, d, dd, g Clause 2 of this Article;
b) Confiscation of financial statements for
violations specified at Points b, c, d, dd Clause 2 of this Article.
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1. A fine of between VND 5,000,000 and 10,000,000
for any of the following acts:
a) Failing to observe the accounting examination
decisions of competent bodies;
b) Failing to supply or supplying insufficiently to
the examination teams accounting records related to the examination contents.
2. A fine of between VND 10,000,000 and 15,000,000
for any of the following acts:
a) Failing to observe or incompletely observing the
conclusions of the examination teams;
b) Failing to conduct accounting examinations of
subordinate accounting units for three consecutive years.
Article 12. Sanction of acts
violating provisions on preservation and archival of accounting records
1. A warning or a fine of between VND 500,000 and
1,000,000 for one of the following acts:
a) Putting accounting records into archives more
than 12 months later than the set deadline;
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c) Insecurely preserving accounting records,
causing damage or loss to accounting records during the archival duration.
2. A fine of between VND 5,000,000 and 10,000,000
for any of the following acts:
a) Using accounting records in the archival
duration not according to regulations;
b) Failing to carry out inventory, classification,
restoration of lost or damaged accounting records.
3. A fine of between VND 10,000,000 and 20,000,000
for any of the following acts:
a) Destroying accounting records before the expiry
of the prescribed archival duration;
b) Destroying accounting records without setting up
a destruction council, without strictly observing the method of destruction and
without making destruction minutes according to regulations.
Article 13. Sanction of acts
violating provisions on property inventory
1. A warning or a fine of between VND 500,000 and
1,000,000 for one of the following acts:
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b) Failing to identify the cause of discrepancies;
failing to reflect in accounting books discrepancies between figures obtained
from actual inventory and those of accounting books and the results of handling
such discrepancies.
2. A fine of between VND 3,000,000 and VND
5,000,000 shall be imposed for act of failing to inventory property at the end
of the annual accounting period or failing to inventory property in other cases
according to regulations.
3. A fine of between VND 5,000,000 and 10,000,000
shall be imposed for acts of forging, or making false statements on, property
inventory results.
Article 14. Sanction of acts
violating provisions on organization of accounting apparatuses, arrangement of
accountants or hire of accountants
1. A fine of between VND 5,000,000 and 10,000,000
for any of the following acts:
a) Failing to organize an accounting apparatus;
failing to arrange accountants or hire accounting service-providing
organizations or individuals to perform the accounting work according to
regulations;
b) Arranging accountants who are banned by law from
working as accountants;
c) Arranging accountants who fail to satisfy the
prescribed criteria, conditions;
d) Hiring organizations or individuals that fail to
meet the criteria, conditions for practicing accountancy or fail to register
business according to regulations to provide accounting services for the units.
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a) To arrange persons who are responsible for
managing the accounting units concurrently working as accountants,
storekeepers, cashiers or purchasing or selling property, except for private
enterprises and individual business households;
b) Arranging chief accountants who fail to meet the
prescribed criteria or conditions;
c) Hiring chief accountants who fail to meet the
prescribed criteria or conditions;
Article 15. Sanction of acts
violating provisions on practicing accountancy
1. A fine of between VND 20,000,000 and 30,000,000
for any of the following acts:
a) Practicing accountancy without registering the
accounting service business;
b) Representatives at law of the accounting
service-providing enterprises have no accountancy practice certificates;
c) Practicing accountancy while failing to ensure
operation conditions according to regulations but still providing accounting
services;
d) Individuals practicing accountancy without
accountancy practice certificates;
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e) Leasing or lending accountancy practice
certificates.
2. Additional sanctions:
Deprive of the right to use the accounting practice
certificates for persons practicing accounting from 01 month to 03 months;
suspension of provision of accounting service for organizations providing
accounting service from 01 month to 03 months, in case of violation specified
in point e Clause 1 of this Article.
3. Remedial measures:
Forcible remittance of illicit earnings from the
commission of administrative violations specified in points a, c, d, dd, e
Clause 1 of this Article.
Article 16. Sanction of acts
violating provisions on application of accounting standards, accounting regime
and of other regulations
1. A fine of between VND 5,000,000 and 10,000,000
for any of the following acts:
a) Failing to register or notify the accounting
regime applied in the unit within the prescribed time limit, for cases subject
to registration or notification to competent State bodies;
b) Wrongly applying regulations on script,
numerals; monetary unit or accounting period.
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Article 17. Sanction of acts
violating in organization of the chief-accountant retraining courses and grant
of the retraining certificates of chief accountant
1. A warning or a fine of between VND 500,000 and
1,000,000 shall be imposed for the training establishments conducting one of
the following violations:
a) Failing to send to the Ministry of Finance a
full dossier of documents before opening courses;
b) Organizing a chief-accountant retraining course
of more than 100 trainees;
c) Organizing a chief-accountant retraining course
with duration of more than 6 months;
d) Failing to notify, report to the Ministry of
Finance contents related to courses according to regulations.
2. A fine of between VND 5,000,000 and 10,000,000
shall be imposed for the training establishments conducting one of the
following violations:
a) Failing to ensure content, program and duration
of course for trainees according to regulations;
b) Violations in using documents of retraining
chief accountant;
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3. A fine of between VND 10,000,000 and 20,000,000
shall be imposed for the training establishments conducting one of the
following violations:
a) Opening the chief-accountant retraining courses
while establishments are not eligible;
b) Opening the chief-accountant retraining courses
for foreigners without acceptance of the Ministry of Finance;
c) Granting the chief-accountant certificates for
trainees who fail to meet criteria or conditions;
d) Granting the retraining certificates of
chief-accountant for trainees who have inconsistent examination results;
dd) The training establishments fail to manage the
blank prints and fail to grant the retraining certificates of chief accountant
rightly with regulations of the Ministry of Finance.
4. Forcible remittance of illicit earnings from the
commission of administrative violations specified in points a, b, c, d Clause 3
of this Article.
Chapter 3.
VIOLATIONS, SANCTIONING
FORMS AND LEVELS OF ADMINISTRATIVE VIOLATIONS IN INDEPENDENT AUDIT
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Article 18. Sanction of act
violating provision on dossier requesting for grant of certificates of
eligibility for providing audit service
1. A warning shall be imposed for individuals,
legal representatives of audit organizations, and audit organizations that
implement any of following violations so as to be eligible for grant of
certificates of eligibility for providing audit service:
a) To make untrue statement in dossier requesting
for grant of certificates of eligibility for providing audit service;
b) To forge, make false statement in dossier
requesting for grant of certificates of eligibility for providing audit
service;
c) To certify on documents which are untrue,
documents forged or falsified in dossier requesting for grant of certificates
of eligibility for providing audit service;
2. Remedial measures: Forcible destruction of all
documents already declared which are untrue, forged, falsified.
Article 19. Sanction of acts
violating provisions on management and use of certificates of eligibility for
providing audit service
1. A warning shall be imposed for audit
organization which fails to submit certificate of eligibility for providing
audit service to the Ministry of Finance when there is a decision on
withdrawal, unless otherwise prescribed by law.
2. A fine of between VND 10,000,000 and 20,000,000
shall be imposed for audit organizations which fail to do procedures for
adjusting certificates of eligibility for providing audit service when arising
changes having to be adjusted as prescribed by law.
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a) To forge, erase, modify certificates of eligibility
for providing audit service;
b) To lease, lend certificates of eligibility for
providing audit service;
4. Remedial measures:
a) Forcible destruction of certificates of
eligibility for providing audit service which have been forged, erased,
modified;
b) Forcible remittance of illicit earnings from the
commission of administrative violations specified in point b Clause 3 of this
Article.
SECTION 2. ACTS VIOLATING
PROVISIONS ON OPERATION OF AUDIT ENTERPRISES, FOREIGN AUDIT ENTERPRISES’
BRANCHES IN VIETNAM
Article 20. Sanction of acts
violating provisions on providing audit service of audit enterprises
1. A fine of between VND 10,000,000 and 20,000,000
shall be imposed for organizations which are not granted certificates of
eligibility for providing audit service but fail to do procedures for deleting
trade of audit service in the certificate of enterprise registration, or
certificate of business registration, or certificate of investment within 6
months from the nearest day of changing business registration.
2. A fine of between VND 20,000,000 and 30,000,000
shall be imposed for organizations which are not eligible for providing audit
service in accordance with regulation but use phrase of “audit” in their name.
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4. A fine of between VND 40,000,000 and 50,000,000
shall be imposed for audit organizations which still continue providing
services as prescribed in Clause 1 Article 40 of the Law on Independent Audit
after they have been revoked certificates of eligibility for providing audit
service.
5. Remedial measures: Forcible remittance of
illicit earnings from the commission of administrative violations specified in
Clause 3, Clause 4 of this Article.
Article 21. Sanction of acts
violating provisions on suspension of providing audit service
1. Deprive of right to use of certificates of eligibility
for providing audit service for a period of between 12 months and 24 months
shall be imposed for audit organizations which still continue providing
services as prescribed in Clause 1 Article 40 of the Law on Independent Audit
after they have been suspended provision of audit service.
2. Remedial measures: Forcible remittance of
illicit earnings from the commission of administrative violations specified in
Clause 1 of this Article.
SECTION 3. ACTS VIOLATING
PROVISIONS ON MANAGEMENT AND USE OF CERTIFICATES OF AUDITORS, UPDATING OF
KNOWLEDGE FOR AUDITOR
Article 22. Sanction of acts
violating provisions on dossier of participating in exam and participation in
auditor examination
1. A warning or fine of between VND 500,000 and
1,000,000 shall be imposed for individuals forging, making false statement
about diplomas, certificates and other documents in their dossiers so as to be
eligible for participating in exam to obtain certificates of auditor.
2. A fine of between VND 3.000,000 and 5,000,000
shall be imposed for organizations certified inconsistently with reality about
documents in dossier so as to be eligible for participating in exam to obtain
certificates of auditor.
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a) To let other person taking in exam under their
name to obtain certificates of auditor;
b) To taking in exam under name of other person in
exam to obtain certificates of auditor;
4. Remedial measures:
a) Forcible destruction of all documents, diplomas,
or certificates forged, with false statements in dossier of taking in exam to
obtain certificate of auditor for violation specified in clause 1 of this
Article;
b) Forcible remittance of illicit earnings from the
commission of administrative violations specified in point b Clause 3 of this
Article.
Article 23. Sanction of acts
violating provisions on management and use of certificates of auditors
1. A fine of between VND 20,000,000 and 30,000,000
shall be imposed for auditors conducting one of the following violations:
a) To forge, erase, modify certificates of auditor;
b) Let organizations, or individuals other than
units where they are working to hire, borrow or use their certificates of
auditor so as to perform the professional operations of accounting and
independent audit.
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3. Remedial measures:
a) Forcible destruction of all forged, erased,
modified documents for acts of violation specified in point a Clause 1 of this
Article;
b) Forcible remittance of illicit earnings from the
commission of administrative violations specified in point b Clause 1 of this
Article.
Article 24. Sanction of acts
violating provisions on updating of knowledge for auditor
1. A warning shall be imposed for organizations which
have been approved by the Ministry of Finance for organizing courses of
updating knowledge for auditor, audit enterprises which have been approved by
the Ministry of Finance for self- organizing courses of updating knowledge for
auditor serving auditors of their enterprises (referred to as organizations)
conducting one of following violations:
a) Reporting improperly the prescribed deadline
about results of organizing courses of updating knowledge for auditor;
b) Failing to monitor, call the roll of auditors
who participating in courses of updating;
c) Failing to collect assessment opinions of
trainees on the slips for assessing quality of courses of updating knowledge
for auditor;
d) Failing to issue certificates for auditors who
have participated in courses of updating knowledge.
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3. Suspension of organization to update knowledge
for auditor for a period of between 03 months and 06 months, from the effective
day of decision on sanction for organizations conducting any of following
violations:
a) Organizing the updating knowledge for auditor
improperly with content, program already registered with the Ministry of
Finance;
b) Arranging lecturers in charge of class of
updating knowledge for auditor who fail to meet conditions in accordance with
regulation;
c) Failing to report results of organizing courses
of updating knowledge for auditor in accordance with regulation;
d) Reporting inaccurate quantity of auditors who
have participated in courses of updating knowledge;
dd) Reporting inaccurate number of hours for
updating knowledge of auditors;
e) Issuing certificates of participation in courses
of updating knowledge for auditors who practically fail to participate in
courses of updating knowledge;
g) Failing to store fully dossiers of organizing
courses of updating knowledge for auditor in accordance with regulation.
4. Remedial measures: Forcible remittance of
illicit earnings from the commission of administrative violations specified in
Clause 2 of this Article.
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Article 25. Sanction of acts
violating provisions on dossier of registration for audit practice of auditors
1. A warning shall be imposed for individuals
conducting one of the following violations:
a) Making untrue statements in dossier so as to be eligible
for grant of certificate of audit practice registration;
b) Forging, making false statements about diplomas,
certificates in dossier so as to be eligible for grant of certificate of audit
practice registration;
c) Certifying dishonestly documents in dossier so
as to be eligible for grant of certificate of audit practice registration.
2. A warning shall be imposed for organizations
conducting act of certifying dishonestly information, documents in dossier so
as to be eligible for grant of certificate of audit practice registration.
3. Remedial measures: Forcible destruction of all
documents already declared and certified dishonestly, forged, falsified.
Article 26. Sanction of acts
violating provisions on management and use of certificates of audit practice
registration
1. A warning shall be imposed for organizations,
individuals who fail to return certificates of audit practice registration to
the Ministry of Finance in accordance with regulation.
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3. A fine of between VND 20,000,000 and 30,000,000
shall be imposed for auditors who let organizations or individuals other than
their units where they are working, renting, borrowing or using their
certificates of audit practice registration so as to perform the professional
operations of accounting and independent audit.
4. A fine of between VND 40,000,000 and 50,000,000
shall be imposed for organizations conducting one of the following violations:
a) Forging, erasing, modifying certificates of
audit practice registration;
b) Using certificates of audit practice registration
which had been invalidated so as to perform the professional operations of
accounting and independent audit.
5. Deprive of right to use of certificates of
eligibility for providing audit service for a period of between 12 months and
24 months, for audit organizations which hired, borrowed, or used certificates
of audit practice registration of auditors who are not working in their units
to perform the professional operations of accounting and independent audit.
6. Remedial measures:
a) Forcible remittance of illicit earnings from the
commission of administrative violations specified in Clause 2, Clause 3, Clause
4 of this Article;
b) Forcible destruction of forged certificates of
audit practice registration, for organizations conducting violation specified
in point a Clause 4 of this Article.
SECTION 5. ACTS VIOLATING
PROVISIONS ON AUDIT OPERATION
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1. A warning or fine of between VND 500,000 and
1,000,000 shall be imposed for audit organizations which have bought
occupational liability insurance for the professional-practicing auditors or
set up of provision fund for occupational risks inconsistently with regulations
of the Ministry of Finance.
2. A fine of between VND 5,000,000 and 10,000,000
shall be imposed for audit organizations which fail to buy occupational
liability insurance for the professional-practicing auditors or set up of
provision fund for occupational risks.
Article 28. Sanction of acts
violating provisions on acceptance for providing audit service
1. A fine of between VND 10,000,000 and 20,000,000
shall be imposed for audit organizations agreed provision of audit service for
clients when clients have requests in contrary to occupational ethics,
specialized or professional requirements, or in contrary to law.
2. Remedial measures: Forcible remittance of
illicit earnings from the commission of administrative violations specified in
Clause 1 of this Article.
Article 29. Sanction of acts
violating provisions on audit contract
1. A warning shall be imposed for audit
organizations signing audit contracts with clients, units subject to audit with
insufficient contents in accordance with regulation when providing audit
service for clients units subject to audit.
2. A fine of between VND 5,000,000 and VND
10,000,000 for audit organizations and clients failing to conclude audit
contract before auditing.
3. A fine of between VND 10,000,000 and VND
20,000,000 for audit organizations failing to conclude audit contract with
clients before providing audit service.
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1. A fine of between VND 5,000,000 and 10,000,000
shall be imposed for individuals disclosing information related to audit
dossier, clients and units subject to audit, unless clients and units subject
to audit agreed or otherwise provided by law.
2. A fine of between VND 10,000,000 and VND
20,000,000 shall be imposed for audit organizations which fail to formulate and
operate the system of internal control with the aim to ensure implementation of
obligation on confidentiality.
3. Suspension of audit practice for a period of
between 03 months and 06 months, from the effective day of decision on
sanction, for the professional-practicing auditors who use information related
to audit dossier, clients, units subject to audit so as to infringe benefits of
state, public interests, rights and lawful benefits of agencies, organizations,
individuals.
4. Suspension of providing audit service for a
period of between 03 months and 06 months, from the effective day of decision
on sanction, for the audit organizations which use information related to audit
dossier, clients, units subject to audit so as to infringe benefits of state,
public interests, rights and lawful benefits of agencies, organizations,
individuals.
5. Remedial measures: Forcible remittance of
illicit earnings from the commission of administrative violations specified in
Clause 1 of this Article.
Article 31. Sanction of acts
violating provisions on audit report
1. A fine of between VND 5,000,000 and 10,000,000
shall be imposed for the professional-practicing auditors who conduct one of
the following violations:
a) Signing on audit reports improperly with
competence according to regulations;
b) Signing audit reports before day of signing the
audited financial statements.
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3. A fine of between VND 10,000,000 and 20,000,000
shall be imposed for audit organizations conducting one of the following violations:
a) Arranging the professional-practicing auditors
for signing on audit reports improperly with competence according to
regulations;
b) Issuing audit reports of which day of signing is
prior day of signing the financial statements;
c) Making audit reports which are lack signatures
of the professional-practicing auditors according to regulations;
d) Failing to make explanations, or make
explanations insufficiently, untimely about the excluded contents at requests
of competent agencies, representatives of owners of units subject to audit.
4. Suspension of audit practice for a period of
between 03 months and 06 months, from the effective day of decision on
sanction, for the professional-practicing auditors who conduct any of following
violations:
a) Signing on audit reports for more than three
consecutive years for an audited unit;
b) Signing the audit reports after certificates of
audit practice registration are invalid or ineffective.
5. Suspension of business in audit service for a
period of between 03 months and 06 months, from the effective day of decision
on sanction, for the audit organizations which conduct any of following
violations:
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b) Arranging an practicing auditor to sign audit
reports for more than three consecutive years for an audited unit;
c) Arranging a practicing auditor to sign audit
reports after certificate of audit practice registration is invalid or
ineffective.
SECTION 6. ACTS VIOLATING
PROVISIONS ON INDEPENDENCE
Article 32. Sanction of acts
violating provisions on independence of members participating in an audit
1. A warning shall be imposed for members
participating in an audit and conducting one of the following violations:
a) Providing untrue information, introducing
wrongly about qualification, experiences, and capability of service provision
of the professional-practicing auditors and audit enterprises, foreign audit
enterprises’ branches in Vietnam;
b) Vying the clients under forms of obstruction,
enticement, bribe, collusion with clients and other unfair competitive acts.
2. A fine of between VND 10,000,000 and 20,000,000
shall be imposed for members participating in an audit and conducting one of
the following violations:
a) Buying, accepting donations of, holding shares
or contributed capitals of the audited unit regardless of quantity;
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c) Accepting or requesting any of amount or benefit
from the audited unit excluded service charges and costs agreed in the
concluded contract;
d) Harassing or deceiving clients, units audited;
dd) Interfering the business operation of clients,
units audited in the audit course.
3. A fine of between VND 20,000,000 and 30,000,000
shall be imposed for the professional-practicing auditors who conduct one of
the following violations:
a) Auditing for clients while failing to ensure
independence, insufficient professional capability, not eligible according to
regulations of law;
b) Auditing for clients when clients have requests
in contrary to occupational ethics, specialized or professional requirements, or
in contrary to law.
4. Suspension of audit practice for a period of
between 06 months and 12 months, from the effective day of decision on
sanction, for the professional-practicing auditors who conduct any of following
violations:
a) Colluding, binding with the audited unit to
falsify accounting documents, financial statements, audit dossier and reporting
falsely audit results;
b) Forging or making false statements in audit
dossiers;
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a) Practicing audit under a personal capacity;
b) Working for more than two audit enterprises,
foreign audit enterprises’ branches in Vietnam in the same time;
c) Contributing capital in more than two audit
enterprises.
6. Remedial measures: Forcible remittance of
illicit earnings from the commission of administrative violations specified in
Clause 2, Clause 3, Clause 4 of this Article;
Article 33. Sanction of acts
violating provisions on independence of audit organization
1. A warning shall be imposed for audit
organizations conducting one of the following violations:
a) Providing untrue information, introducing
wrongly about qualification, experiences, and capability of service provision
of the professional-practicing auditors, audit organization, foreign audit
enterprises’ branches in Vietnam;
b) Vying the clients under forms of obstruction,
enticement, bribe, collusion with clients and other unfair competitive acts.
2. A fine of between VND 20,000,000 and 40,000,000
shall be imposed for audit organizations conducting one of the following
violations:
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b) Buying, selling bonds or other assets of the
audited unit causing effect to independence according to regulations on
standards of occupational ethics in accounting and audit;
c) Accepting or requesting any of amount or benefit
from the audited unit excluded service charges and costs agreed in the
concluded contract;
d) Harassing or deceiving clients, units audited;
dd) Interfering the business operation of clients,
units audited in the audit course.
e) To perform collection of debts on behalf of the
audited units.
3. Suspension of business in audit service for a
period of between 06 months and 12 months, from the effective day of decision
on sanction, for the audit organizations which conduct any of following
violations:
a) Colluding, binding with the audited unit to
falsify accounting documents, financial statements, audit dossier and reporting
falsely audit results;
b) Forging or making false statements in audit dossiers;
c) Conducting audit when fall in one of cases
banned providing audit service according to law.
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SECTION 7. ACTS VIOLATING
PROVISIONS ON THE AUDITED UNITS
Article 34. Sanction of acts
violating provisions on selecting audit organization, the
professional-practicing auditors for audit implementation
1. A fine of between VND 20,000,000 and VND
30,000,000 for the audited units which hire audit organizations falling in
cases of audit organizations banned providing audit service according to law.
2. A fine of between VND 30,000,000 and VND
40,000,000 for the audited units which hire audit organizations not eligible
for providing audit service according to law.
3. A fine of between VND 40,000,000 and VND
50,000,000 for the audited units which fail to implement compulsory audit for
financial statements, settlement reports of finished projects, the consolidated
financial statements, the sum financial statements and other audit contents
according to law on independent audit and other relevant laws.
Article 35. Sanction of acts
violating provisions on conclusion of contract for auditing annual financial
statement
1. A warning shall be imposed for enterprises,
organizations being compulsory subjects to have to audit annual financial
statements contracting for auditing the financial statements with insufficient
content according to regulations.
2. A fine of between VND 10,000,000 and 20,000,000
shall be imposed for enterprises, organizations conducting one of the following
violations:
a) Enterprises, organizations being compulsory
subjects to have to audit annual financial statements contracting for auditing
the financial statements later than the prescribed deadline;
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3. A fine of between VND 20,000,000 and 30,000,000
shall be imposed for enterprises, organizations being compulsory subjects to
have to audit annual financial statements failing to conclude contracts for
auditing the financial statements according to regulations.
Article 36. Sanction of acts
violating provisions related to the audit
1. A warning shall be imposed for individuals,
organizations refusing or failing to provide sufficiently, exactly, honestly,
timely, objectively the necessary information, documents at the request of the
professional-practicing auditors or audit organizations involving the audit.
2. A fine of between VND 10,000,000 and 20,000,000
shall be imposed for the audited units which fail to make explanations, or make
explanations insufficiently and untimely about the excluded contents in audit
reports at requests of competent agencies.
3. A fine of between VND 20,000,000 and 30,000,000
shall be imposed for organizations conducting one of the following violations:
a) Bribing, colluding with members participating in
the audit, and audit organizations to falsify accounting documents, financial
statements, audit dossier and audit reports;
b) Threatening, retaliating, coercing members
participating in the audit with the aim to falsify the audit result.
c) Hiding violations on finance, accounting;
d) Interfering work and having acts to limit the
scope of audit.
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Article 37. Sanction of acts
violating provisions on auditing the settlement report of finished projects
A fine of between VND 30,000,000 and 40,000,000
shall be imposed for enterprises, organizations implementing the national
important projects, group-A projects funded by state capital, except for
projects under state secret according to law, not required to perform audit for
settlement reports of the finished projects.
SECTION 8. ACTS VIOLATING
PROVISIONS ON AUDIT DOSSIERS
Article 38. Sanction of acts
violating provisions on making audit dossiers
1. Suspension of audit practice for a period of
between 06 months and 12 months, from the effective day of decision on
sanction, for the professional-practicing auditors who fail to make the audit
dossier for an audit.
2. Suspension of business in audit service for a
period of between 06 months and 12 months, from the effective day of decision
on sanction, for the audit organizations failing to make the audit dossier for
an audit.
Article 39. Sanction of acts
violating provisions on preservation and archival of audit dossiers
A fine of between VND 5,000,000 and 10,000,000
shall be imposed for audit organizations conducting one of the following
violations:
1. Preserving, storing the audit dossiers insufficiently,
unsafely, and causing damage, loss to the audit dossiers in the course of using
and in time limit of archival.
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3. Failing to store the audit dossier made of paper
or electronic data.
4. Failing to design, implement the policies and
procedures to maintain the confidentiality, safety, entire, ability of
accessing and restoring of audit dossiers according to regulations on audit
standards.
5. Failing to design, implement the policies and
procedures on archival of audit dossiers in the minimum duration of 10 years
from the day of issuing audit report of an audit according to regulations on
audit standards.
Article 40. Sanction of acts
violating provisions on destruction of audit dossiers
1. A fine of between VND 10,000,000 and 20,000,000
shall be imposed for audit organizations conducting one of the following
violations:
a) Deciding on destruction of audit dossiers
improperly with competence;
b) Destroying audit dossiers without setting up a
destruction council, without strictly observing the method of destruction and
without making destruction minutes according to regulations.
2. A fine of between VND 20,000,000 and VND
30,000,000 shall be imposed for the audit organizations implementing
destruction of audit dossiers which are in time limit of archival according to
regulation or deliberately damaging to the audit dossiers.
SECTION 9. ACTS VIOLATING
PROVISIONS ON AUDITING FINANCIAL STATEMENTS OF UNITS WITH PUBLIC BENIFITS
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1. A fine of between VND 40,000,000 and VND
50,000,000 shall be imposed for units with public interests which select audit
organizations providing audit service or control service while those audit
organizations have not yet been approved by the Ministry of Finance or been
suspended, cancelled the accepted status.
2. Suspension of audit practice for a period of
between 06 months and 12 months, from the effective day of decision on
sanction, for the professional-practicing auditors who audit, sign on audit
reports or result reports on control work for units with public interests when
have not yet accepted by the Ministry of Finance or when have been suspended or
cancelled the accepted status.
3. Suspension of business in audit service for a
period of between 06 months and 12 months, from the effective day of decision
on sanction, for the audit organizations which provide audit service or control
service for units with public interests when have not yet accepted by the
Ministry of Finance or when have been suspended or cancelled the accepted
status.
4. Remedial measures: Forcible remittance of
illicit earnings from the commission of administrative violations specified in
Clause 1, Clause 2, Clause 3 of this Article.
Article 42. Sanction of acts
violating provisions on disclosure of transparency reports
1. A warning shall be imposed for audit organizations
conducting one of the following violations:
a) Failing to disclosure and update full
information in transparency report on their websites according to regulations;
b) The transparency report has no signature of
legal representative of audit organization or authorized person when
announcing;
c) Disclosing information in the transparency
report later than 90 days in comparison with deadline from the ending day of
financial year.
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a) Failing to make website according to
regulations;
b) Disclosing false information in transparency
report.
3. Remedial measures: Forcible correction of false
information announced.
Article 43. Sanction of acts
violating provisions on dossier of registration for participation in audit for
units with public interests
1. A fine of between VND 5,000,000 and VND
10,000,000 for individuals and audit organizations conducting one of the
following violations in order to accept audit for units with public interests:
a) To make untrue statements in dossier requesting
for acceptance of audit for units with public interests;
b) To forge, make false statements in dossier requesting
for acceptance of audit for units with public interests;
c) To certify on untrue documents, forged
documents, documents of false statements in dossier requesting for acceptance
of audit for units with public interests.
2. Remedial measures: Forcible remittance of
illicit earnings from the commission of administrative violations specified in
Clause 1 of this Article.
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A fine of between VND 10,000,000 and 20,000,000
shall be imposed for units with public interests conducting one of the
following violations:
1. Failing to formulate and operate the system of
internal control.
2. Failing to organize the internal audit as
prescribed by law;
Article 45. Sanctions of acts
violating provisions on independence
1. A fine of VND 5,000,000 and 10,000,000 shall be
imposed for individuals who have performed audit for units with public
interest, at present time, hold positions of management, administration, member
of control board, chief accountant of those units with public interests, and
duration from the day of ending audit to the day of holding such positions is
less than twelve months.
2. A fine of between VND 20,000,000 and VND
40,000,000 shall be imposed for units with public interests accepting the
professional-practicing auditors who have performed audit of financial
statements in 5 consecutive financial years.
3. Suspension of audit practice for a period of
between 03 months and 06 months, from the effective day of decision on
sanction, for the professional-practicing auditors who have made audit for
units with public interests for 5 consecutive financial years.
4. Suspension of business in audit service for a
period of between 03 months and 06 months, from the effective day of decision
on sanction, for the audit organizations arranging the professional-practicing
auditors who have performed audit of financial statements for one unit with
public interests for 5 consecutive financial years.
SECTION 10. ACTS VIOLATING
PROVISIONS ON SUPPLY AND USE OF THROUGH-BORDER AUDIT SERVICE
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Suspension of providing through-border audit
service in Vietnam for 24 months from the effective day of sanction decision,
for foreign audit enterprises conducting one of the following violations:
1. Supplying through-border audit service in
Vietnam when have not yet registered with the Ministry of Finance of Vietnam in
order to be granted certificate of eligibility for business in through-border
audit service in Vietnam.
2. Supplying the through-border audit service when
failing to maintain fully one of conditions according to regulations.
3. Forging, erasing, or modifying dossier
requesting for registration of supplying the through-border audit service.
Article 47. Sanction of acts
violating provisions applicable to enterprises, organizations involving use of
through-border audit service
A fine of between VND 20,000,000 and 30,000,000
shall be imposed for enterprises, organizations paying and transferring money
involving supply of through-border audit service not in form of money transfer
through allowed credit institutions as prescribed by law on foreign exchange of
Vietnam.
Article 48. Sanction of acts
violating provision on form of supplying service through borders
Suspension of supply of through-border audit
service in Vietnam for a period of between 12 months and 24 months, from the
effective day of sanction decision, for foreign audit enterprises, suspension
of business in audit service for a period of between 06 months and 12 months,
form the effective day of sanction decide for audit enterprises in Vietnam
conducting one of the following violations:
1. Failing to enter into partnership with audit
enterprises in Vietnam which are eligible to supply the audit service when
supplying the through-border audit service.
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3. Entering into partnership with foreign audit
enterprises in order to supply the through-border service when do not ensure
fully conditions for trading in audit service as prescribed.
4. Failing to enter into an audit contract as
prescribed by Vietnamese law when supplying the through-border audit service.
5. The audit contracts involving supply of
through-border audit service have no full signatures of legal representatives
of foreign audit enterprises, audit enterprises in Vietnam and units subject to
audit.
6. Failing to make a partnership contract involving
supply of through-border audit service according to regulations.
7. The partnership contracts fail to clearly divide
duties of foreign audit enterprises and Vietnamese enterprises in supply of the
through-border audit service.
8. Failing to assign the professional-practicing
auditors in charge of audit work parts under duties of each party according to
regulations.
9. The audit reports have no signatures of the
legal representatives of foreign audit enterprises, Vietnamese audit
enterprises and the professional-practicing auditors in charge of the audit
work part under duty of each enterprise in co-auditing contracts.
10. The audit contracts, partnership contracts,
audit dossiers and audit reports are not made concurrently in both of languages
of Vietnamese and English.
Article 49. Sanction of acts
violating provision on obligations of enterprises supplying the through-border
audit service
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a) Failing to submit financial statements of the
preceding year according to regulations or failing to submit properly with
deadline;
b) Reporting untimely, insufficiently according to
the set form on situation of performing contracts of supplying the
through-border audit service arisen in Vietnam;
c) Failing to perform other obligations of audit
enterprises according to provisions in the Law on Independent Audit of Vietnam.
2. Suspension of supply of through-border audit
service in Vietnam for a period of between 12 months and 24 months, from the
effective day of sanction decision, for foreign audit enterprises conducting
one of the following violations:
a) Violating the prohibited acts, cases banned
performing audit as prescribed in the Law on Independent Audit of Vietnam;
b) Failing to abide by the Vietnamese audit
standards when supply the through-border audit service in Vietnam;
c) Failing to report or reporting untruthfully on
situation of performing contracts of supplying the through-border audit
services arisen in Vietnam;
d) Failing to assign the responsible persons
representing enterprises to report, make explanations for functional agencies
of Vietnam related to audit contracts, audit dossiers, audit reports and other
matters involving supply of the through-border services in Vietnam.
Article 50. Sanction of acts
violating provision on partnership in supply of the through-border audit
service
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1. Failing to store all audit dossiers of the audit
already been performed under partnership form.
2. Failing to supply or supply insufficiently,
untimely the audit dossiers of the audit already performed under partnership
form for functional agencies as being requested.
3. Failing to make explanations or making
explanations insufficiently and untimely to functional agencies about the audit
reports, audit dossiers and matters arising from the audit under form of
partnership with foreign audit enterprises.
4. Failing to perform report on situation of
performing partnership with foreign audit enterprises in supply of the
through-border audit service according to regulation.
5. Failing to coordinate with the competent
agencies in control of audit service quality for partnership contracts with
foreign audit enterprises.
SECTION 11. ACTS VIOLATING
PROVISIONS ON NOTICE AND REPORT
Article 51. Sanction of acts
violating provisions on obligations in notice and report of audit organizations
1. A warning shall be imposed for audit enterprises
failing to notify the Ministry of Finance in writing and enclosed copies of
documents, about establishment or operational termination of facilities of
overseas audit enterprises.
2. A fine of between VND 2,000,000 and 3,000,000
shall be imposed for audit enterprises, branches of audit enterprises notifying
the Ministry of Finance later than the prescribed time limit when having
changes about:
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b) Name, address of head office of enterprises;
c) Name, address of head office of branches trading
in audit service;
d) Temporarily stopping the audit service business
operation;
dd) The operational termination of branches trading
in audit service;
e) Annual reports on operational situation and
irregular reports at the request of the Ministry of Finance.
3. A fine of between VND 3,000,000 and 5,000,000 shall
be imposed for audit enterprises, branches of audit enterprises failing to
notify the Ministry of Finance when having changes about:
a) List of the professional-practicing auditors;
b) Name, address of head office of enterprises;
c) Name, address of head office of branches trading
in audit service;
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dd) The operational termination of branches trading
in audit service;
e) Annual reports on operational situation and
irregular reports at the request of the Ministry of Finance.
4. A fine of between VND 5,000,000 and 10,000,000
shall be imposed for audit enterprises, branches of audit enterprises notifying
the Ministry of Finance later than the prescribed time limit when:
a) Failing to ensure one of conditions specified in
Article 21 and Article 31 of the Law on Independent Audit, and Articles 5, 6,
7, 8 of Government’s Decree No. 17/2012/ND-CP, dated March 13, 2012, detailing
and guiding implementation of a number of articles of the Law on Independent
Audit;
b) Changing Directors, or General Directors, legal
representatives, the contribution capital rate of members;
c) Performing the division, separation, merger,
consolidation, transform, or dissolution.
5. Suspension of trading in audit service for a
period of 12 months, from the effective day of sanction decision, for audit
enterprises, branches of audit enterprises which fail to notify the Ministry of
Finance when: a) Failing to ensure one of conditions specified in Article 21
and Article 31 of the Law on Independent Audit, and Articles 5, 6, 7, 8 of
Government’s Decree No. 17/2012/ND-CP, dated March 13, 2012, detailing and
guiding implementation of a number of articles of the Law on Independent Audit;
b) Changing Directors, or General Directors, legal
representatives, the contribution capital rate of members;
c) Performing the division, separation, merger,
consolidation, transform, or dissolution.
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1. A warning shall be imposed for the
professional-practicing auditors performing notices or periodical or irregular
reports to the Ministry of Finance in time later than the prescribed time limit
when:
a) No longer working in audit enterprises, branches
of foreign audit enterprises in Vietnam as stated in certificate of
registration for audit practice;
b) The full-time labor contract at audit
enterprises, branches of foreign audit enterprises in Vietnam is expired or
terminated or has changes which result not to ensure for it still be a
full-time labor contract according to regulations;
c) Labor permits in Vietnam of the foreign
professional-practicing auditors are expired or invalid;
d) Participating with personal status to do as
Chief accountant (or person in charge of accounting), the internal accounting,
audit officers, or other positions at units, organizations other than audit
organizations.
2. A fine of between VND 5,000,000 and 10,000,000
shall be imposed for the professional-practicing auditors failing to notify or
notify later than over 15 days in comparison with regulation when:
a) No longer working in audit enterprises, branches
of foreign audit enterprises in Vietnam as stated in certificate of
registration for audit practice;
b) The full-time labor contract at audit
enterprises, branches of foreign audit enterprises in Vietnam is expired or
terminated or has changes which result not to ensure for it still be a
full-time labor contract according to regulations;
c) Labor permits in Vietnam of the foreign
professional-practicing auditors are expired or invalid;
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SECTION 12. ACTS VIOLATING
PROVISIONS ON QUALITY CONTROL OF AUDIT SERVICE
Article 53. Sanction of acts
violating provisions on quality control of audit service of audit organizations
A fine of between VND 20,000,000 and 30,000,000
shall be imposed for audit organizations conducting one of the following
violations:
1. Failing to formulate the system of service
quality control for audit service, control service of financial statements, financial
information and other guarantee services.
2. Failing to formulate policies and procedures for
quality control over each audit.
3. Failing to control the service quality for audit
service, control service of financial statements, financial information and
other guarantee services.
4. Failing to perform policies and procedures for
quality control over each audit.
5. Failing to supply or supply insufficiently,
untimely information, documents at the request of competent agencies and
organizations in the course of audit quality control.
6. Supplying the inaccuracy, untruthful
information, documents to the competent agencies and organizations in the
course of audit quality control.
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Chapter 4.
COMPETENCE TO MAKE
MINUTES, SANCTION ADMINISTRATIVE VIOLATIONS IN DOMAINS OF ACCOUNTING AND
INDEPENDENT AUDIT
Article 54. Competence to make
the administrative violation minutes in domains of accounting and independent
audit
Persons competent to make the administrative
violation minutes in domains of accounting and independent audit include:
1. Persons competent to sanction administrative
violations in domains of accounting and independent audit specified in Article
55, Article 56 of this Decree.
2. Civil servants, public employees, officers of
the People's Public Security, officers of People’s Army, who are assigned task
of inspection, examination over organization and implementation of accounting
work, accounting professional activities; implementation of inspection,
examination of audit activities, control of audit service quality, audit
professional operation, when being on duty, will be entitled to make minutes on
administrative violation under their assigned scope of implementing public
duties and tasks.
Article 55. The financial
inspectorates’ competence of sanctioning administrative violations
1. The financial inspectorates at all levels shall
have the powers to sanction administrative violations in domains of accounting
and independent audit as follows:
a) Impose warning;
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2. The Chief Inspectors of Financial Departments
shall have the powers to sanction administrative violations in domains of
accounting and independent audit as follows:
a) Impose warning;
b) A maximum fine of VND 25,000,000 for individuals
and VND 50,000,000 for organizations infringing administratively;
c) Applying the additional sanctions and remedies
specified in this Decree.
3. The Chief Inspector of the Finance Ministry
shall have the powers to sanction administrative violations in domains of
accounting and independent audit as follows:
a) Impose warning;
b) A fine of up the highest level specified in this
Decree, for individuals and organizations infringing administratively;
c) Applying the additional sanctions and remedies
specified in this Decree.
Article 56. The People’s
Committees at all levels’ competence of sanctioning administrative violations
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a) Impose warning;
b) A maximum fine of VND 5,000,000 for individuals
and VND 10,000,000 for organizations infringing administratively;
2. The presidents of the People’s Committees of rural
districts, urban districts and provincial towns and cities (referred
collectively to as the district-level People’s Committees) shall have the
powers to sanction administrative violations in accounting as follows:
a) Impose warning;
b) A maximum fine of VND 25,000,000 for individuals
and VND 50,000,000 for organizations infringing administratively;
c) Applying the additional sanctions and remedies
specified in this Decree.
3. The presidents of the People’s Committees of
provinces and centrally-run cities (referred collectively to as the
provincial-level People’s Committees) shall have the powers to sanction
administrative violations in domains of accounting and independent audit as
follows:
a) Impose warning;
b) A fine of up the highest level specified in this
Decree, for individuals and organizations infringing administratively;
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Chapter 5.
IMPLEMENTATION
PROVISIONS
Article 57. Implementation
organization
The Minister of Finance shall guide, examine and
supervise implementation of this Decree.
Article 58. Implementation
provisions
1. This Decree takes effect on December 01, 2013.
The Government's Decree No. 185/2004/ND-CP dated
November 04, 2004; Decree No. 39/2011/ND-CP dated May 26, 2011, on sanctioning
of administrative violations in accounting cease to be effective on the
effective date of this Decree.
2. Application of provisions in this Decree to
handle violations happening before the effective day of this Decree shall
conduct as follows:
The provisions on sanctioning of administrative
violations in accounting beneficial for individuals and organizations
infringing administratively shall be applied, for acts happening before the
effective time of this Decree but being detected after that or currently being
considered, handled.
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4. The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government, the presidents of the People’s Committees of the provinces and
centrally-run cities shall have to implement this Decree.
ON BEHALF OF
GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung