THE
GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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|
No:
41/2018/ND-CP
|
Hanoi,
March 12, 2018
|
DECREE
PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN THE FIELDS OF
ACCOUNTING AND INDEPENDENT AUDIT
Pursuant to the Law on
Government organization dated June 19, 2015;
Pursuant to the Law on Handling
Administrative Violations dated June 20, 2012;
Pursuant to the Law on
Accounting dated November 20, 2015;
Pursuant to the Law on
Independent Audit dated March 29, 2012;
At the request of the Minister
of Finance;
The Government promulgates a
Decree on penalties for administrative violations in the fields of accounting
and independent audit.
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GENERAL PROVISIONS
Article 1.
Scope
1. The Decree provides for
administrative violations, time limit for penalty impositions, penalties,
fines, remedial measures, competence to record and impose penalties for
administrative violations in the fields of accounting and independent audit
regulated by this Decree.
2. Administrative violations
related to the fields of accounting and independent audit but not specified in
this Decree will incur penalties in accordance with other Government’s Decrees
on imposing penalties for administrative violations in the relevant state management
fields.
Article 2.
Regulated entities
1. Individuals and organizations,
both domestic and foreign (hereinafter referred to as “entities”) who commit
administrative violations regulated by this Decree.
2. Business households and
cooperative groups violating the regulations stated in the Decree will incur
the same penalties as those imposed on individual offenders.
3. Organizations facing penalties
for administrative violations regulated by this Decree include:
a) Regulatory agencies who commit
violations which are not related to their management duties;
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b) Organizations and public service
providers not using state budget;
d) Enterprises established in and
operating under the laws of Vietnam; branches and representative offices of
foreign enterprises operating in Vietnam;
dd) Cooperatives and cooperative
associations;
e) Professional organizations and
training facilities in the fields of accounting and auditing;
g) Foreign organizations that earn
incomes from providing services or goods-related services in Vietnam.
4. Those with competence to issue
penalty records and impose penalties for administrative violations and other
relevant entities.
Article 3.
Statute of limitation
1. The time limit for imposition of
penalties for administrative violations in the field of accounting is 2 years.
2. The time limit for imposition of
penalties for administrative violations in the field of independent audit is 1
year.
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a) For completed administrative
violations, the time limit starts on the time of completion of that violation;
a) For ongoing administrative violations,
the time limit starts on the time of discovery of that violation;
4. In case of penalties for
administrative violations committed by individuals being transferred from
presiding authorities, the time limit shall be determined in accordance with
Clauses 1, 2 and 3 of this Article. The time the presiding authority spends on
handling the case counts towards the time limit.
5. During the period specified in
Clauses 1, 2 and 3 of this Article, if the violator deliberately evades or
obstructs the penalty imposition, the time limit will be reset to the date on
which the violator stops evading or obstructing the penalty imposition.
Article 4.
Penalties
1. Primary penalties:
For each administrative violation
regulated by this Decree, the violator will receive either:
a) a warning; or
b) a fine.
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Depending on the nature and
seriousness of the violation, the entity who commits administrative violations
regulated by this Decree may also incur one or several additional penalties as
specified below:
a) Suspension of certificate of
registration for accounting practice or certificate of registration for
auditing practice for 3-6 months.
b) Suspension of certificate of
eligibility for providing accounting services or certificate of eligibility for
providing audit services for 1-2 months;
c) Suspension from running
refresher courses for 1-3 months;
d) Confiscation of evidence of
administrative violations.
Article 5.
Remedial measures
Entities who commit administrative
violations regulated by this Decree, in addition to incurring penalties
specified in Article 4 of this Decree, may also be required to:
1. Add missing contents of
accounting records;
2. Destroy forged or falsified
accounting records;
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4. Destroy the excess accounting
records.
5. Add missing contents of
accounting books;
6. Adjust the accounting book to
the actual data in case of no accounting record backing up the existing figures
or the accounting book’s figures do not match those of the accounting records;
7. Adjust the accounting book to
the actual data if the accounting books’ figures lack continuity between
consecutive years;
8. Add omitted assets and
liabilities belonging or related to the accounting unit to the accounting book;
9. Restore the accounting book;
10. Make and present financial
statements which conform to accounting regulations and standards;
11. Submit and disclose the audit
statement attached to the financial statement;
12. Rectify false or misleading
information;
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14. Return illegal profits earned
by administrative violations.
Article 6.
Fines
1. The maximum fine for an
administrative violation regulated by this decree committed by an individual is
VND 50.000.000; the maximum fine for an administrative violation committed by
an organization is VND 100.000.000.
2. The fines specified in Chapter II
of this Decree are imposed upon organizations except cases specified in Clause
1 of Articles 7; 8; 9; 10; 11; 13; 14; 15; 16; 17; Article 19; Clauses 1 and 3
of Articles 21; 22; Articles 23; 24; 26; 33; 34; Clauses 1 and 3 of Article 36;
Clauses 1 of Article 38; Clauses 2 and 3 of Article 39; Clauses 1 and 2 of
Article 48; Clause 1 of Article 57; Clauses 1 and 2 of Article 61; Article 67,
which are fines that apply to individuals. For organizations with the same
violations, the fines will double those of individuals.
3. The maximum fines the persons
specified in Chapter III of this Decree may impose are fines for one
administrative violation committed by an individual. The maximum fine imposed
upon an organization for the same violation is twice the maximum fine imposed
on an individual.
Chapter II
PENALTIES AND FINES FOR
ACCOUNTING-RELATED VIOLATIONS
Section 1.
VIOLATIONS IN ACCOUNTING WORKS
Article 7.
Penalties for violations against accounting law’s general provisions
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a) Misapplication of regulations on
letters and numbers in accounting;
b) Misapplication of regulations on
monetary units in accounting;
c) Misapplication of regulations on
accounting periods;
d) Misapplication of applicable
accounting regulations.
2. A fine of VND 20.000.000 to VND
30.000.000 shall be imposed for promulgating or publishing accounting
standards, audit standards or accounting regulations ultra vires.
Article 8.
Penalties for violations against regulations on accounting records
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for one of the following
violations:
a) Accounting record forms having
insufficient mandatory content;
b) Tampering with accounting
records;
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d) Using signature stamps on
accounting records;
dd) Expense records do not have
signatures on all copies.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for one of the following
violations:
a) The accounting record having
insufficient copies as specified in the regulations;
b) Signing accounting records which
have insufficient contents;
c) Signing accounting records ultra
vires;
d) Inconsistent signatures or signatures
not matching those in the signature registry;
dd) Accounting records having
insufficient signatures as specified in those records;
e) Failure to translate accounting
records in foreign language to Vietnamese;
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3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for one of the following
violations:
a) Forging or providing false
information in accounting records but not serious enough for criminal prosecution;
b) Forging or providing false
information in accounting records by means of collusion or coercion but not
serious enough for criminal prosecution;
c) Inconsistency in the contents of
copies of accounting records for the same transaction;
d) Failure to make accounting
records for every economic/financial transaction;
dd) Make multiple accounting
records for an economic/financial transaction;
e) Spending without sufficient
signatures on the expense records as specified in the law on accounting.
4. Remedial measures:
a) Make sure the forms of
accounting records mentioned in Point a, Clause 1 of this Article have
sufficient mandatory content;
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c) Make records for
economic/financial transactions without them in the cases specified in Point d,
Clause 3 of this Article;
d) Destroy the economic/financial
transaction’s multiple records in case of the violation specified in Point e,
Clause 3 of this Article.
Article 9.
Penalties for violations against regulations on accounting books
1. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed in the following cases:
a) The accounting book does not
have the accounting unit’s name; the accounting book's name and date of
creation; lack of signatures of the book's creator, the chief accountant and
the accounting unit’s legal representative; page numbers; seal on joining page
on the physical accounting book;
b) The accounting book is not
written in ink (except electronic accounting books), new lines being inserted
between or written on existing lines, the lines having space in between; the
blank pages are not crossed out, the figures on one page are not totaled up,
the total figure on one page are not transferred to the following page;
c) Each accounting period does not
have a separate accounting book or the printed books do not have sufficient
signatures and seals (except electronic accounting books which are not required
to be printed out);
d) The accounting book’s template
does not have sufficient primary content;
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed in the following cases:
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b) The accounting book is adjusted
against the regulated methods;
c) Failure to print the required
accounting books after closing the electronic accounting book.
3. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed in the following cases:
a) Failure to open the accounting
book at the start of a fiscal year or the accounting unit's founding day;
b) No accounting record backing up
the existing figures or the accounting book’s figures do not match those of the
accounting records;
c) The accounting books’ figures
lack continuity between consecutive years or within an accounting period;
d) Failure to close the accounting
book when it is required by law.
4. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed in the following cases:
a) Destroy the accounting book
before the designated time or deliberately damage the accounting book;
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5. Remedial measures:
a) Make sure the accounting book
mentioned in Point a, Clause 1 of this Article has sufficient mandatory
content;
b) Amending the accounting book to
match the actual data in case of no accounting record backing up the existing
figures or the figures of the accounting book do not match those of the
accounting records, as specified in Point b, Clause 3 of this Article;
c) Adjust the accounting books to
the actual data if the accounting books’ figures lack continuity between
consecutive years, as specified in Point c, Clause 3 of this Article;
d) Restore the accounting book
mentioned in Point a Clause 4 of this Article;
dd) Add omitted assets and
liabilities belonging or related to the accounting unit mentioned in Point b,
Clause 4 of this Article to the accounting book.
Article 10.
Penalties for violations against regulations on accounts
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for one of the following
violations:
a) Failure to carry out bookkeeping
as specified in the account;
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2. A fine ranging from VND
10.000.000 to 20.000.000 VND shall be imposed for failure to comply with the
account system promulgated or approved by the Ministry of Finance.
Article 11.
Penalties for violations against regulations on creation and presentation of
financial statements
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed in the following cases
a) The financial statement does not
have sufficient contents or does not follow the standard form;
b) The financial statement lacks
the signature of the creator, chief accountant, accounting manager or the
accounting unit's legal representative.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for one of the following
violations:
a) Failure to make sufficient
financial statements;
b) Applying a financial statement
form other than the one specified in accounting standards and regulations
except when approved by the Ministry of Finance.
3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed in the following cases:
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b) The financial statement’s
figures do not match those in the accounting book or accounting records;
c) Make and present financial
statements against accounting regulations and standards;
4. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed in the following cases:
a) Forge financial statements or
falsify figures but not serious enough for criminal prosecution;
b) Forge financial statements
falsify figures by means of collusion or coercion but not serious enough for
criminal prosecution;
c) Provide or confirm false accounting
figures deliberately or by means of collusion or coercion but not serious
enough for criminal prosecution.
5. Remedial measures:
Make and present financial
statements mentioned in Clause 3 of this Article conform to accounting
regulations and standards;
b) Destroy the financial statements
mentioned in Clause 4 of this Article.
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1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed in the following cases:
a) The financial statement is
submitted less than 3 months after the specified deadline;
b) The financial statement is
disclosed less than 3 months after the specified deadline.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed in the following cases:
a) The financial statement's
contents are not fully disclosed;
b) The financial statement
submitted to the competent authorities does not include the audit statement
when required by law;
c) The financial statement is
submitted 3 months after the specified deadline or later;
d) The disclosed financial
statement does not include the audit statement when required by law;
dd) The financial statement is
disclosed 3 months after the specified deadline or later.
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a) The financial statement’s
figures are falsified;
b) Provide or publish financial
statements which have inconsistent figures within an accounting period for use
in Vietnam.
4. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for one of the following
violations:
a) Failure to submit financial
statement to the competent authorities;
b) Failure to disclose financial
statements.
5. Remedial measure:
Submit and disclose the audit
statement attached to the financial statement mentioned in Points b and d,
Clause 2 of this Article.
Article 13.
Penalties for violations against regulations on duplication of and sealing
accounting documents
A fine ranging from VND 3.000.000
to VND 5.000.000 shall be imposed in the following cases:
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2. The accounting document’s
duplicates do not have sufficient signatures and seals (if any) of relevant
entities.
3. Confiscate or seal accounting
documents ultra vires.
4. Failure to provide accounting
documents to the competent authorities for confiscation and sealing.
Article 14.
Penalties for violations against regulations on accounting inspection
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for one of the following
violations:
a) Failure to provide sufficient
relevant documents to the inspectorate;
b) Failure to fully comply with the
conclusion given by the inspectorate.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed in one of the following cases:
a) Failure to implement the
competent authorities’ decision on accounting inspection;
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c) Failure to translate accounting
documents and records to Vietnamese upon the competent authorities’ request;
b) Failure to comply with the
conclusion given by the inspectorates.
Article 15.
Penalties for violations against regulations on retention of accounting
documents
1. A warning shall be imposed for
one of the following violations:
a) Archiving accounting documents
12 months after the specified deadline or later;
b) Failure to arrange the archived
accounting documents by fiscal year in chronological order.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for one of the following
violations:
a) Failure to retain accounting
documents in full;
b) Damage or loss of accounting
documents during the retention period;
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d) Failure to inventory and sort
accounting documents or to restore lost or damaged ones.
3. A fine ranging from VND 10.000.000
to VND 20.000.000 shall be imposed for one of the following violations:
a) Destroying accounting documents
before the end of the retention period specified in the Law on Accounting but
not serious enough for criminal prosecution;
b) Failure to establish a
destruction council, to apply the destruction methods correctly and to make a
destruction report while destroying accounting documents.
Article 16.
Penalties for violations against regulations on stocktaking
1. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for one of the following
violations:
a) Failure to make stocktaking
reports or the stocktaking report not having sufficient signatures;
b) Failure to report discrepancies
between actual and book figures and their handling.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for failure to carry out
stocktaking.
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1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for one of the following
violations:
a) Hiring entities that fail to
meet all standards and conditions for practicing accounting;
b) Failure to reappoint chief
accountants and accounting managers before the specified deadline;
c) Failure to transfer accounting
works when changes of accountants, chief accountants and accounting managers
occur;
d) Failure to announce change in
chief accountants or accounting managers.
2. A fine ranging from VND 10.000.000
to VND 20.000.000 shall be imposed for one of the following violations:
a) Failure to organize the
accounting unit’s accounting apparatus; failure to appoint accountants, chief
accountants or purchase accounting services or chief accountant’s services;
b) Appointing accountants who are
forbidden to work in accounting as specified in the law;
c) Appointing accountants, chief
accountants and accounting managers who do not meet all standards and
conditions;
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3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed in the following cases:
a) Appoint the accounting unit’s
manager or operator as its accountant, warehouse-keeper, or treasurer, or
assign that person to buy and sell products (except for private enterprises,
any limited liability company owned by a single individual, enterprises
belonging to other types with no state capital and are micro-enterprises in
accordance with regulations of law on providing assistance for small and
medium-sized enterprises);
b) Appointing chief accountants who
do not meet all standards and conditions;
c) Hiring chief accountants who do
not meet all standards and conditions;
4. Remedial measure:
Appoint or hire accountants, chief
accountants and accounting managers who meet all standards and conditions for
the cases specified in Points a and b, Clause 1; Points b and c, Clause 2;
Points b and c, Clause 3 of this Article.
Article 18.
Penalties for violations against regulations on training chief accountants and
issuance of training certificates for chief accountants
1. A warning shall be imposed for
one of the following violations:
a) Running chief accountant
training courses with the number of trainees per course against regulations;
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2. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for one of the following
violations:
a) Running chief accountant
training courses without registering to the Ministry of Finance or without the
Ministry of Finance’s approval;
b) Failure to notify the Ministry
of Finance of the course’s contents.
3. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for one of the following violations:
a) Unconformable course contents,
curriculum, and study period;
b) Failure to retain files relevant
to the course in full.
4. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on the training facility that
commits one of the following violations:
a) Opening a new chief accountant
training course without satisfying the requirements;
b) a) Opening a new chief
accountant training course for foreigners without the Ministry of Finance’s
approval.
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5. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed on the training facility that
issuing training certificates for chief accountants to trainees who do not meet
all the standards and conditions.
6. Remedial measure:
Return illegal profits earned by
violations mentioned in Points a, b, Clause 4 and Clause 5 of this Article.
Section 2.
VIOLATIONS AGAINST REGULATIONS ON ACCOUNTANT CERTIFICATE EXAMS AND PROVISION OF
REFRESHER TRAINING FOR ACCOUNTING PRACTITIONERS AND ACCOUNTING PRACTICE
REGISTRATION APPLICANTS
Article 19.
Penalties for violations against regulations on documents for accountant
certificate exam:
1. A warning shall be imposed for
giving false information in the documents for accountant certificate exam.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for false confirmation of
information in the application documents to gain eligibility for the accountant
certificate exam.
3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for tampering with or forging
qualifications, certificates or other application documents, or providing false
information thereon, to gain eligibility for the accountant certificate exam.
4. Additional penalty:
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Article 20.
Penalties for violations against regulations on provision of refresher training
for accounting practitioners and accounting practice registration applicants
1. A warning shall be imposed on
the organization approved by the Ministry of Finance to run refresher courses
for accounting practitioners and accounting practice registration applicants
committing one of the following violations:
a) Failure to comply with
regulations on number of trainees per class;
b) Failure to issue certificates to
the refresher course’s trainees and confirmation papers to accountants and
auditors teaching refresher courses at the end of each course;
c) Submitting post-course reports
on the accountant refresher course less than 15 days after the specified
deadline;
d) Notifying the Ministry of
Finance of the plan and curriculum for the following year's refresher course,
or changes in the plan and curriculum before the course less than 15 days after
the specified deadline;
dd) Submitting the consolidated
report on the annual accountant refresher course less than 15 days after the
specified deadline.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on organizations approved to run
refresher courses for accounting practitioners and accounting practice
registration applicants for one of the following violations:
a) Running refresher courses for
accounting practitioners and accounting practice registration applicants not
according to the plans which were registered or the Ministry of Finance was
informed of;
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c) Submitting the consolidated
report on the annual accountant refresher course 15 days after the specified
deadline or later;
d) Failure to retain documents on
refresher courses in full.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on the organization approved to
run refresher courses for accounting practitioners and accounting practice
registration applicants committing one of the following violations:
a) Failure to submit post-course
reports on the accountant refresher course;
b) Failure to submit the annual
consolidated report on the accountant refresher courses;
c) Running refresher courses for
accounting practitioners and accounting practice registration applicants for
the purpose of recording time spent on refresher training without the Ministry
of Finance’s approval;
d) Issuing certificates of
completion of the refresher course for accounting practitioners and accounting
practice registration applicants to trainees who did not participate in the
course's activities;
dd) reporting the incorrect number
of trainees attending the refresher course for accounting practitioners and
accounting practice registration applicants or the time spent on the course.
e) reporting the refresher course
as if it was organized despite the contrary.
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The organization that recommits any
of the violations mentioned in Clause 3 of this Article will be suspended from
running accountant refresher courses for 1-3 months from the day the decision
on penalty imposition comes into effect.
5. Remedial measure:
Return illegal profits earned by
the violation mentioned in Point c, Clause 3 of this Article.
Section 3.
VIOLATIONS AGAINST REGULATIONS ON ACCOUNTING PRACTICE
Article 21.
Penalties for violations against regulations on management and use of
accountant certificates and auditor certificates
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on individuals for one of the
following violations:
a) Tampering with the accountant
certificate’s contents;
b) Allowing an external entity to
rent, borrow and use one's own accountant certificate and auditor certificate
for the purpose of registration of accounting practice or registration of
accounting practice at a unit other than that specified in the full-time labor
contract.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for renting, borrowing and using
an accountant certificate and a auditor certificate of a person who is not
working as a full-time employee, or not working at all for one's own unit for
the purpose of registration of accounting practice.
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4. Additional penalties:
a) Any of violations mentioned in
Point a, Clause 1 of this Article shall result in confiscation of evidence;
b) The accounting practitioner
committing the violation mentioned in Point b, Clause 1 of this Article shall
have his/her certificate of accounting practice registration suspended for 3-6
months period from the day the decision on penalty imposition comes into
effect.
5. Remedial Measure:
Return illegal profits earned by
the violation mentioned in Point b, Clause 1 of this Article.
Article 22.
Penalties for violations against regulations on application documents for
accounting practice
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for confirmation of inaccurate
application documents to obtain the certificate of accounting practice
registration.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for giving false information to
obtain the certificate of accounting practice registration.
3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for forging the application
documents, or providing false information thereon, to obtain the certificate of
accounting practice registration.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Any of the violations mentioned in
Clause 3 of this Article shall result in confiscation of evidence.
Article 23.
Penalties for violations against regulations on management and use of
certificates of accounting practice registration
1. A warning shall be imposed for returning
certificates of accounting practice registration to the Ministry of Finance
less than 15 days after the specified deadline.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for one of the following
violations:
a) Returning certificates of
accounting practice registration to the Ministry of Finance 15 days after the
specified deadline or later;
b) Using expired or invalidated
certificates of accounting practice registration for accounting practicing.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for one of the following
violations:
a) Practicing accounting without a
certificate of accounting practice registration;
b) Continuing the accounting
practice after the certificate of accounting practice registration expires or
is invalidated;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Remedial Measure:
Return illegal profits earned by
violations mentioned in Clause 3 of this Article.
Section 4.
VIOLATIONS AGAINST REGULATIONS ON PROVISION OF ACCOUNTING SERVICES
Article 24.
Penalties for violations against regulations on application documents for
certificate of eligibility to provide accounting services
1. A fine ranging from VND 5.000.000
to VND 10.000.000 shall be imposed for confirmation of false information in the
application documents to obtain the certificate of eligibility to provide
accounting services.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for giving false information in
the application documents to obtain the certificate of eligibility to provide
accounting services.
3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for forging application documents
to obtain the certificate of eligibility to provide accounting services.
4. Additional penalty:
Confiscation of evidence of
violations specified in Clause 3 of this Article.
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1. A warning shall be imposed on
organizations for one of the following violations:
a) Returning the certificate of
eligibility to provide accounting services as specified by the Ministry of
Finance less than 15 days after the specified deadline when the certificate is
revoked or the provision of accounting services ends;
b) Applying for reissuance of the
certificate of eligibility to provide accounting services less than 15 days
after the specified deadline when required, as specified in Clause 1, Article
63 of the Law on Accounting.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on organizations for one of the
following violations:
a) Returning the certificate of
eligibility to provide accounting services as specified by the Ministry of
Finance 15 days after the specified deadline or later when the certificate is
revoked or the provision of accounting services ends;
b) Tampering with the certificate
of eligibility to provide accounting services’ contents;
c) Failure to apply or applying for
reissuance of certificates of eligibility to provide accounting services 15
days after the specified deadline or later when required, as specified in
Clause 1, Article 63 of the Law on Accounting.
d) Leasing out or lending
certificates of eligibility to provide accounting services.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on organizations for failure to
return the certificate of eligibility to provide accounting services to the Ministry
of Finance when the certificate is revoked or the provision of accounting
services ends.
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5. Additional penalty:
The violation mentioned in Point b,
Clause 2 of this Article shall result in confiscation of evidence.
6. Remedial Measure:
Return illegal profits earned by
the violation mentioned in Point d, Clause 2 of this Article.
Article 26.
Penalties for violations against regulations on provision of accounting
services
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for false presentation of
accounting practitioners or accounting firms’ qualifications, experience,
capacity and eligibility for provision of accounting services.
2. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for colluding with customers to
provide and confirm false information while providing accounting services.
Article 27.
Penalties for violations against regulations on retention of accounting service
documents
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for failure to fully or safely
retain accounting service documents during usage and retention periods.
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Article 28.
Penalties for violations against regulations on provision of accounting
services
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on the enterprise using the phrase
"dịch vụ kế toán” (accounting service) in its name despite being
ineligible for providing accounting services.
2. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed on the enterprise committing one
of the following violations:
a) Providing accounting services
without a certificate of eligibility to provide accounting services;
b) Continuing to provide accounting
services despite the provision of accounting services being put on hold,
suspended or terminated, or the certificate of eligibility to provide
accounting services being revoked.
3. Additional penalty:
The enterprise committing the
violation mentioned in Point b, Clause 2 of this Article shall have its
certificate of eligibility to provide accounting services suspended for 3-6
months period from the day the decision on penalty imposition comes into
effect.
4. Remedial Measure:
Return illegal profits earned by
violations mentioned in Clause 2 of this Article.
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Article 29.
Penalties for violations against regulations on conditions for provision of
transboundary accounting services
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on the foreign accounting firm
that forge or tamper with documents to obtain the certificate of eligibility to
provide transboundary accounting services in Vietnam.
2. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed on the foreign accounting firm
committing one of the following violations:
a) Providing transboundary
accounting services in Vietnam without a certificate of eligibility to provide
transboundary accounting services in Vietnam;
b) Continuing to provide
transboundary accounting services despite the provision of accounting services
being put on hold, suspended or terminated, or the certificate of eligibility
to provide transboundary accounting services in Vietnam being revoked.
3. Additional penalty:
The foreign accounting firm
committing the violation mentioned in Point b, Clause 2 of this Article shall
have its certificate of eligibility to provide transboundary accounting
services in Vietnam suspended for 3-6 months from the day the decision on
penalty imposition comes into effect.
4. Remedial Measure:
Return illegal profits earned by
violations mentioned in Clause 2 of this Article.
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1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on the foreign accounting firm
committing one of the following violations:
a) Making payment of service
charges against regulations of law on foreign currency management of Vietnam;
b) Failure to make accounting
service contracts in compliance with Vietnamese law while providing
transboundary accounting services in Vietnam.
c) Failure to make joint venture
contracts while providing transboundary accounting services in Vietnam.
2. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed on the organization in the
following cases:
a) The Vietnamese accounting firm
forms joint venture with a foreign firm that is not eligible for provision of
transboundary accounting services while providing transboundary accounting
services in Vietnam;
b) The foreign accounting firm
forms joint venture with a Vietnamese firm that is not eligible for provision
of accounting services while providing transboundary accounting services in Vietnam.
3. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed on the foreign accounting firm
that fails to form joint venture with a Vietnamese firm that is eligible for
provision of accounting services while providing transboundary accounting
services in Vietnam.
4. Additional penalty:
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Article 31.
Penalties on violations against foreign accounting firm’s obligations in
provision of transboundary accounting services in Vietnam
1. A warning shall be imposed on
the foreign accounting firm committing one of the following violations:
a) Notifying the Ministry of
Finance of one of the conditions required for provision of transboundary
accounting services in Vietnam not being met less than 15 days after the
specified deadline;
b) Submitting annual financial
statements, the local accounting service authority’s reports on compliance with
regulations of law on provision of accounting services and other regulations of
law to the Ministry of Finance less than 15 days after the specified deadline;
c) Submitting reports on execution
of contracts for provision of transboundary accounting services in Vietnam to
the Ministry of Finance less than 15 days after the specified deadline.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on the foreign accounting firm in
the following cases:
a) Notifying the Ministry of
Finance of one of the conditions required for provision of transboundary
accounting services in Vietnam not being met 15 days after the specified
deadline or later;
b) Submitting annual financial
statements, the local accounting service authority’s reports on compliance with
regulations of law on provision of accounting services and other regulations of
law to the Ministry of Finance 15 days after the specified deadline or later;
c) The report on execution of
contracts for provision of transboundary accounting services in Vietnam does
not have sufficient contents or submitted to the Ministry of Finance 15 days
after the specified deadline or later.
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a) Failure to notify the Ministry
of Finance that one of the conditions required for provision of transboundary
accounting services in Vietnam is not met;
b) Failure to submit annual
financial statements, the local accounting service authority’s reports on
compliance with regulations of law on provision of accounting services and
other regulations of law to the Ministry of Finance;
c) Failure to report or reporting
falsely on execution of contracts for provision of transboundary accounting
services in Vietnam.
4. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed on the foreign accounting firm
committing one of the following violations:
a) Committing prohibited acts or
providing accounting services in prohibited cases;
b) Failure to comply with
Vietnamese accounting standards and code of ethics while providing transboundary
accounting services in Vietnam;
c) Failure to explain the contents
relevant to provision of transboundary accounting services in Vietnam to the
Vietnamese authorities.
5. Additional penalty:
The foreign accounting firm
committing any of the violations mentioned in Clause 4 of this Article shall
have its certificate of eligibility to provide transboundary accounting
services in Vietnam suspended for 3-6 months from the day the decision on
penalty imposition comes into effect.
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1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on the Vietnamese accounting firm
committing one of the following violations:
a) Failure to retain the documents
of joint venture contracts with foreign accounting firms in full while
providing transboundary accounting services in Vietnam;
b) Failure to provide the documents
of joint venture contracts with foreign accounting firms for the competent
authority in full or on time upon request while providing transboundary
accounting services in Vietnam;
c) Failure to explain the documents
of joint venture contracts with foreign accounting firms for provision of
transboundary accounting services in Vietnam to the competent authority in full
detail or on time.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on the Vietnamese accounting firm
committing one of the following violations:
a) Failure to retain the documents
of joint venture contracts with foreign accounting firms for provision of
transboundary accounting services in Vietnam;
b) Failure to provide the documents
of joint venture contracts with foreign accounting firms for provision of
transboundary accounting services in Vietnam for the competent authority upon
request;
c) Failure to explain the documents
of joint venture contracts with foreign accounting firms for provision of transboundary
accounting services in Vietnam to the competent authority.
d) Failure to notify the Ministry
of Finance of the execution of joint venture contracts with foreign accounting
firms for provision of transboundary accounting services.
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The Vietnamese accounting firm
committing any of the violations mentioned in Clause 2 of this Article shall
have its certificate of eligibility to provide accounting services suspended
for 1-3 months from the day the decision on penalty imposition comes into
effect.
Section 6.
VIOLATIONS AGAINST REGULATIONS ON NOTIFICATIONS AND REPORTS
Article 33.
Penalties for violations against regulations on notification and reporting
committed by households and enterprises providing accounting services
1. A warning shall be imposed for
one of the following violations:
a) Notifying the Ministry of
Finance of changes in the contents specified in Article 66 of the Law on
Accounting less than 15 days after the specified deadline;
b) Submitting annual consolidated reports
on the accounting practitioners' state of upholding requirements for practicing
accounting in the unit to the Ministry of Finance less than 15 days after the
specified deadline;
c) Notifying the Ministry of
Finance in writing less than 15 days after the specified deadline when the
certificates of accounting practice registration of the unit’s accounting
practitioners expire or are invalidated;
d) Submitting annual reports on the
state of upholding requirements for provision of accounting services to the
Ministry of Finance less than 15 days after the specified deadline;
dd) Submitting annual reports on
the state of operation to the Ministry of Finance less than 15 days after the
specified deadline;
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g) Notifying the termination of
provision of accounting services to the Ministry of Finance less than 15 days
after the specified deadline;
h) Submitting scheduled and
unscheduled reports to the Ministry of Finance upon request less than 15 days
after the specified deadline.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for one of the following
violations:
a) Notifying the Ministry of
Finance of changes in the contents specified in Article 66 of the Law on
Accounting 15 days after the specified deadline or later;
b) Submitting annual consolidated
reports on the accounting practitioners' state of upholding requirements for
practicing accounting in the unit to the Ministry of Finance 15 days after the
specified deadline or later;
c) Notifying the Ministry of
Finance in writing 15 days after the specified deadline or later when the
certificates of accounting practice registration of the unit’s accounting
practitioners expire or are invalidated;
d) Submitting annual reports on the
state of upholding requirements for provision of accounting services to the
Ministry of Finance 15 days after the specified deadline or later;
dd) Submitting annual reports on
the state of operation to the Ministry of Finance 15 days after the specified
deadline or later;
e) Notifying the Ministry of
Finance in writing 15 days after the specified deadline or later when the
provision of accounting services resumes after being put on hold;
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h) Submitting scheduled and
unscheduled reports to the Ministry of Finance upon request 15 days after the
specified deadline or later.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for one of the following
violations:
a) Failure to notify the Ministry
of Finance of changes in the contents specified in Article 66 of the Law on
Accounting;
b) Failure to submit annual
consolidated reports on the accounting practitioners ' state of upholding
requirements for practicing accounting in the unit to the Ministry of Finance;
c) Failure to notify the Ministry of
Finance in writing when the certificates of accounting practice registration of
the unit’s accounting practitioners expire or are invalidated;
d) Failure to submit annual reports
on the state of upholding requirements for provision of accounting services to
the Ministry of Finance;
dd) Failure to submit annual
reports on the state of operation to the Ministry of Finance;
e) Failure to notify the Ministry
of Finance in writing when the provision of accounting services resumes after
being put on hold;
g) Failure to notify the
termination of provision of accounting services to the Ministry of Finance;
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Article 34.
Penalties for violations against regulations on notification and reporting
obligations of accounting practitioners
1. A warning shall be imposed on
accounting practitioners for notifying or reporting to the Ministry of Finance
less than 15 days after the specified deadline when:
a) No longer working for the
accounting firm specified in the certificates of accounting practice
registration;
b) The full-time labor contract
with the accounting firm expires or is terminated or has changes that make the
contract no longer full-time;
c) The foreign accounting practitioner's
Vietnamese work permit expires or is invalidated;
d) Taking on positions of chief
accountant, accountant manager, accountant, internal auditor or others within
the unit, or at units and organizations other than the registered accounting
unit;
dd) The accounting unit where the
accounting practitioner is working at undergoes full or partial division,
consolidation, acquisition, termination of operations, dissolution, or
bankruptcy;
e) Requested by the Ministry of
Finance to provide scheduled or unscheduled information relevant to the
accounting practitioner’s work.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on accounting practitioners for
notifying or reporting to the Ministry of Finance 15 days after the specified deadline
or later when:
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b) The full-time labor contract
with the accounting firm expires or is terminated or has changes that make the
contract no longer full-time;
c) The foreign accounting
practitioner's Vietnamese work permit expires or is invalidated;
d) Taking on positions of chief
accountant, accountant manager, accountant, internal auditor or others within
the unit, or at units and organizations other than the registered accounting
unit;
dd) The accounting unit where the
accounting practitioner is working at undergoes full or partial division,
consolidation, acquisition, termination of operations, dissolution, or
bankruptcy;
e) Requested by the Ministry of
Finance to provide scheduled or unscheduled information relevant to the
accounting practitioner’s work.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on accounting practitioners for
failure to notify or report to the Ministry of Finance when:
a) No longer working for the
accounting firm specified in the certificates of accounting practice
registration;
b) The full-time labor contract
with the accounting firm expires or is terminated or has changes that make the
contract no longer full-time;
c) The foreign accounting
practitioner's Vietnamese work permit expires or is invalidated;
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dd) The accounting unit where the
accounting practitioner is working at undergoes full or partial division,
consolidation, acquisition, termination of operations, dissolution, or
bankruptcy;
e) Requested by the Ministry of
Finance to provide scheduled or unscheduled information relevant to the
accounting practitioner’s work.
Section 7.
VIOLATIONS AGAINST REGULATIONS ON ACCOUNTING SERVICE INSPECTION
Section 35.
Penalties for violations against regulations on accounting service inspection
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for one of the following
violations:
a) Late or insufficient provision of
information and documents upon request of the competent authority during the
accounting service inspection process;
a) Providing false information and
documents upon the competent authority's request during the accounting service
inspection process;
2. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for one of the following
violations:
a) Failure to provide information
and documents upon the competent authority's request during the accounting
service inspection process;
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3. Additional penalty:
The Vietnamese accounting firm
committing any of the violations mentioned in Clause 2 of this Article shall
have its certificate of eligibility to provide accounting services suspended
for 1-3 months from the day the decision on penalty imposition comes into
effect.
Chapter III
PENALTIES AND FINES FOR
INDEPENDENT AUDIT-RELATED VIOLATIONS
Section 1.
VIOLATIONS AGAINST REGULATIONS ON AUDITOR CERTIFICATE EXAMS AND PROVISION OF
REFRESHER TRAINING FOR AUDITORS
Article 36.
Penalties for violations against regulations on documents for auditor
certificate exam:
1. A warning shall be imposed for
giving false information in the documents for auditor certificate exam.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for false confirmation of
information in the application documents to obtain the auditor certificate
exam.
3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for tampering with or forging
qualifications, certificates or other application documents, or providing false
information thereon, to obtain the auditor certificate exam.
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Any of the violations specified in
Clause 3 of this Article shall result in confiscation of evidence.
Section 37.
Penalties for violations against regulations on provision of refresher training
for auditors
1. A warning shall be imposed on
the organization approved by the Ministry of Finance to run refresher courses
for audit practitioners and audit practice registration applicants committing
one of the following violations:
a) Submitting post-course reports
on the auditor refresher course to the Ministry of Finance less than 15 days
after the specified deadline;
b) Failure to monitor and take
attendance of the refresher course's trainees;
c) Failure to conduct a survey on
trainees’ opinions of the refresher course using evaluation slips;
d) Failure to issue certificates to
the refresher course’s trainees and confirmation papers to auditors teaching
refresher courses at the end of each course;
dd) Failure to comply with
regulations on number of trainees per class;
e) Notifying the Ministry of
Finance of the course’s contents, curriculum, time and place, lecturers’
details, the number of audit practitioners registering for the course before
the course takes place or the changes in those details less than 15 days after
the specified deadline;
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2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on the organization approved by
the Ministry of Finance to run refresher courses for audit practitioners and
audit practice registration applicants in the following cases:
a) The refresher course does not
follow the contents and curriculum registered with the Ministry of Finance;
b) Submitting post-course reports
on the auditor refresher course to the Ministry of Finance 15 days after the
specified deadline or later;
c) Notifying the Ministry of
Finance of the course’s contents, curriculum, time and place, lecturers’
details, the number of audit practitioners registering for the course before
the course takes place or the changes in those details 15 days after the
specified deadline or later;
d) Submitting the consolidated
report on the auditor refresher course 15 days after the specified deadline or
later;
dd) Providing false information,
forging documents to gain approval to organize auditor refresher courses;
e) Failure to retain documents on
auditor refresher courses in full.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on organizations approved by the
Ministry of Finance to run refresher courses for audit practitioners and audit
practice registration applicants for one of the following violations:
a) Failure to submit post-course
reports on the auditor refresher course to the Ministry of Finance;
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c) Failure to submit the consolidated
report on the annual auditor refresher course;
d) Running refresher courses for
audit practitioners and audit practice registration applicants for the purpose
of recording time spent on refresher training without the Ministry of Finance’s
approval;
dd) Reporting incorrectly the
number of trainees attending the refresher course for audit practitioners or
the time spent on the course;
e) Reporting the refresher course
as if it was run despite the contrary;
g) Issuing certificates for
attending the refresher course to trainees who did not participate in the
course.
4. Additional penalty:
The organization that recommits any
of the violations mentioned in Points d, e, f, g, Clause 3 of this Article
shall be suspended from running auditor refresher course organizing works for
1-3 months from the day the decision on penalty imposition comes into effect
(if the organization has the Ministry of Finance’s approval to organize auditor
refresher courses at the time the violation is discovered).
5. Remedial Measure:
Return illegal profits earned by
the violation mentioned in Point d, Clause 3 of this Article.
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Article 38.
Penalties for violations against regulations on management and use of auditor
certificates
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on the individual who commit one
of the following violations:
a) Tampering with the auditor
certificate’s contents;
b) Allowing an external entity to
rent, borrow and use one's own auditor certificate for the purpose of
registration of audit practice or registration of audit practice at a unit
other than that specified in the full-time labor contract.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on the enterprise that rent,
borrow or using a auditor certificate of a person who is not working as a
full-time employee, or not working at all for one's own unit for the purpose of
registration of audit practice.
3. A fine ranging from VND 20.000.000
to VND 30.000.000 shall be imposed for forging auditor certificates.
4. Additional penalties:
a) Any of the violations mentioned
in Point a, Clause 1 and Clause 3 of this Article shall result in confiscation
of evidence;
b) The audit practitioner committing
the violation mentioned in Point b, Clause 1 of this Article shall have his/her
certificate of audit practice registration suspended for 3-6 months from the
day the decision on penalty imposition comes into effect.
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Return illegal profits earned by
the violation mentioned in Point b, Clause 1 of this Article.
Article 39.
Penalties for violations against regulations on application documents for audit
practice
1. A fine ranging from VND 5.000.000
to VND 10.000.000 shall be imposed for false confirmation of information and
application documents to obtain the certificate of audit practice registration.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for giving false information in
the application documents to obtain the certificate of audit practice
registration.
3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for forging the application
documents, or providing false information thereon, to obtain the certificate of
audit practice registration.
4. Additional penalty:
Any of the violations mentioned in
Clause 3 of this Article shall result in confiscation of evidence.
Article 40.
Penalties for violations against regulations on management and use of
certificates of audit practice registration
1. A warning shall be imposed for
returning certificates of audit practice registration to the Ministry of
Finance less than 15 days after the specified deadline.
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a) Returning certificates of audit
practice registration to the Ministry of Finance 15 days after the specified
deadline or later;
b) Using expired or invalid
certificates of audit practice registration for accounting and independent
audit practicing.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for failure to return
certificates of audit practice registration to the Ministry of Finance.
4. Remedial Measure:
Return illegal profits earned by
the violation mentioned in Point b, Clause 2 of this Article.
Section 3.
VIOLATIONS AGAINST REGULATIONS ON PROVISION OF AUDIT SERVICES AND ITS
REQUIREMENTS
Article 41.
Penalties for violations against regulations on application documents for
certificate of eligibility to provide audit services
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for confirmation of false
information in the application documents to obtain the certificate of
eligibility to provide audit services.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for giving false information in
the application documents to obtain the certificate of eligibility to provide
audit services.
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4. Additional penalty:
The violation mentioned in
Clause 3 of this Article shall result in confiscation of evidence..
Article 42.
Penalties for violations against regulations on management and use of
certificates of eligibility to provide audit services
1. A warning shall be imposed on
the enterprise committing one of the following violations:
a) Returning the certificate of
eligibility to provide audit services to the Ministry of Finance less than 15
days after the specified deadline when the certificate is revoked;
b) Applying for reissuance of the
certificate of eligibility to provide audit services less than 15 days after
the specified deadline.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on the enterprise committing one
of the following violations:
a) Returning the certificate of
eligibility to provide audit services to the Ministry of Finance 15 days after
the specified deadline or later when the certificate is revoked;
b) Failure to apply for
modification of the certificate of eligibility to provide audit services when
there are changes to the certificate that have to be done;
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d) Tampering with the certificate
of eligibility to provide audit services’ contents;
dd) Leasing out or lending certificates
of eligibility to provide audit services.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on the enterprise that fails to
return the certificate of eligibility to provide audit services to the Ministry
of Finance when the certificate is revoked.
4. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for forging certificates of
eligibility to provide audit services.
5. Additional penalty:
Any of the violations mentioned in
Point d, Clause 2 and Clause 4 of this Article shall result in confiscation of
evidence.
6. Remedial Measure:
Return illegal profits earned by
the violation mentioned in Point e, Clause 2 of this Article.
Section 43.
Penalties for violations against regulations on provision of audit services by
auditing firms
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2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on the enterprise that fails to
exclude itself from audit business despite being refused certificates of
eligibility to provide audit services.
3. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed on the enterprise committing one
of the following violations:
a) Providing audit services without
a certificate of eligibility to provide audit services;
b) Continuing provision of services
specified in Clause 1, Article 40 of the Law on Independent Audit after such
provision being put on hold or suspended;
c) Continuing provision of services
specified in Clause 1, Article 40 of the Law on Independent Audit after such
provision being terminated or the certificate of eligibility to provide audit
services being revoked.
4. Additional penalty:
The enterprise committing any
of the violations mentioned in Clause 3 of this Article shall have its
certificate of eligibility to provide audit services suspended for 3-6 months
from the day the decision on penalty imposition comes into effect (if the
enterprise is an auditing firm when the violation is discovered).
5. Remedial Measure:
Return illegal profits earned by
violations mentioned in Clause 3 of this Article.
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Article 44.
Penalties for violations against regulations on purchase of professional
liability insurance for audit practitioners or setting up professional risk
reserve fund
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on the auditing firm purchasing
professional liability insurance for audit practitioners or setting up
professional risk reserve funds against the Ministry of Finance’s regulations.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on the auditing firm that fails
to purchase professional liability insurance for audit practitioners or set up
professional risk reserve funds.
Article 45.
Penalties for violations against regulations on audit approvals
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for one of the following
violations:
a) Carrying out auditing works
without independence, sufficient professional skills and meeting requirements
in accordance with regulations of law;
b) Carrying out auditing works when
the client and audited unit have requirements that violate the code of ethics,
professional requirements or regulations of law.
2. Remedial Measure:
Return illegal profits earned by
violations mentioned in Clause 1 of this Article.
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1. A warning shall be imposed on
the auditing firm making audit contracts which do not have sufficient contents
with its clients or audited units.
2. A fine ranging from VND 5.000.000
to VND 10.000.000 shall be imposed on the auditing firm making audit contracts
with their clients or audited unit after auditing.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on the auditing firm that fails
to make audit contracts with their clients or audited unit when auditing.
Article 47.
Penalties for violations against regulations on confidentiality
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for revealing information relevant
to audit documents, clients and audited units, except when it is permitted by
the client and audited unit, or regulated by law.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 on auditing firms for failure to create and
operate an internal control system for ensuring the confidentiality obligations
are fulfilled.
3. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for using information relevant to
audit documents, clients and audited units to infringe the interests of the
State, public interests, rights and lawful interests of agencies, organizations
and individuals.
4. Additional penalties:
a) The audit practitioner
committing the violation mentioned in Clause 3 of this Article shall have
his/her certificate of audit practice registration suspended for 3-6 months
from the day the decision on penalty imposition comes into effect;
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5. Remedial Measure:
Return illegal profits earned by
violations mentioned in Clauses 1 and 3 of this Article.
Article 48. Penalties for
violations against regulations on audit statements
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on the auditor that commit one of
the following violations:
a) Signing audit statements ultra
vires;
b) Signing audit statements before
the financial statements’ audit dates.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on the auditor that commit one of
the following violations:
a) Signing audit statements despite
the fact that he/she is not an audit practitioner;
b) Signing audit statements for
more than three consecutive years for an audited unit.
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a) Appointing an audit practitioner
to sign audit statements ultra vires;
b) Publishing an audit statement
which is signed before the financial statements is;
c) The audit statement does not
have sufficient audit practitioners’ signatures;
d) Failure to explain sufficiently
and punctually the qualified opinions in audit statements upon request of the
competent authority or representatives of audited units’ owners.
4. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for failure to explain the
qualified opinions in audit statements upon request of the competent authority
or representatives of audited units’ owners.
5. A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed the auditing firm committing one
of the following violations:
a) Appointing a person who is not
an audit practitioner to sign audit statements;
b) Appointing an audit practitioner
to sign audit statements for more than three consecutive years for an audited
unit.
6. Additional penalties:
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b) The auditing firm recommitting
the violation mentioned in Point a, Clause 5 of this Article shall have its
certificate of eligibility to provide audit services suspended for 6-12 months
from the day the decision on penalty imposition comes into effect.
Article 49.
Penalties for violations against regulations on independence
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for one of the following
violations:
a) False information on and
presentation of audit practitioners, auditing firms or Vietnamese branches of
foreign auditing firms’ qualifications, experience and ability to provide audit
services;
b) Purchasing, receiving, giving,
holding audited units’ shares or capital, regardless of amount;
c) Trading bonds or other assets
belonging to audited units that affect independence as specified in the
accounting and audit code of ethics;
d) Receiving or demanding any kind
of payment or benefit from audited units other than service fees and negotiated
costs specified in the contract;
dd) Extorting, swindling the
clients and audited units;
e) Interfering in the business
activities of clients and audited units during the audit process;
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2. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for one of the following
violations:
a) Colluding with audited units to
tamper with accounting documents, financial statements, audit documents and
alter audit results;
b) Forging or falsifying audit
documents;
c) Carrying out auditing works in
prohibited cases as specified in regulations of law;
d) Practicing audit as an
individual;
dd) Working for two or more
auditing firms or Vietnamese branches of foreign auditing firms at the same
time;
e) Contributing capital to two or
more auditing firms.
3. Additional penalty:
The audit practitioner
committing any of the violations specified in Points d, e, f, Clause 2 of this
Article shall have his/her certificate of audit practice registration suspended
for 3-6 months from the day the decision on penalty imposition comes into
effect.
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Return illegal profits earned by
violations mentioned in Points a, b, c, Clause 2 of this Article.
Article 50.
Penalties for violations against regulations on audit documents
1. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for failure to document an audit.
2. Additional penalties:
a) The audit practitioner
committing the violation mentioned in Clause 1 of this Article shall have his/her
certificate of audit practice registration suspended for 3-6 months from the
day the decision on penalty imposition comes into effect;
The auditing firm committing the
violation mentioned in Clause 1 of this Article shall have its certificate of
eligibility to provide audit services suspended for 6-12 months from the day
the decision on penalty imposition comes into effect.
Article 51.
Penalties for violations against regulations on retention of audit documents
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on the auditing firm for one of
the following violations:
a) Failure to fully or safely
retain audit documents, causing loss or damage to the audit documents during
usage and retention periods;
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c) Failure to design and implement
policies and procedures for upholding confidentiality, safety,
comprehensiveness, accessibility and restorability of audit documents as
specified in audit standards;
2. A fine ranging from VND 10.000.000
to VND 20.000.000 shall be imposed on the auditing firm for failure to retain
physical or electronic audit documents.
Article 52.
Penalties for violations against regulations on destruction of audit documents
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on the auditing firm for one of
the following violations:
a) Deciding to destroy audit
documents ultra vires;
b) Failure to establish a
Destruction council, to apply the destruction method and procedure correctly,
to make a list of audit documents to be destroyed and a report on destruction
of audit documents when destroying these documents at the end of the retention
period.
2. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed on the auditing firm for destroying
audit documents before the end of the retention period.
Section 5.
VIOLATIONS AGAINST REGULATIONS ON AUDITED UNITS
Article 53.
Penalties for violations against regulations on selection of auditing firms and
audit practitioners
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2. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed on units hiring auditing firms
that does not meet all requirements for provision of audit services as
specified in regulations of law.
3. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed on audited units for failure to
undergo compulsory audit for financial statements, settlement reports of
project completion, consolidated and general financial statements, and other
auditing works as specified in regulations of the Law on Independent Audit and
other relevant laws.
Article 54.
Penalties for violations against regulations on contracts for audit of annual
financial statements
1. A warning shall be imposed on
enterprises and organizations which are required to have their annual financial
statements audited entering into contracts for such audit without sufficient
contents.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on enterprises and organizations
which are required to have their annual financial statements audited entering
into contracts for such audit later than the specified deadline.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on enterprises and organizations
which are required to have their annual financial statements audited entering
into contracts for such audit after the audit is done.
4. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed on enterprises and organizations
which are required to have their annual financial statements audited failing to
enter into contracts for such audit when auditing.
Article 55. Penalties
for violations against regulations on audits
1. A fine shall be imposed on
audited units for failure to explain or failure to explain sufficiently and
punctually the qualified opinions in audit statements upon request of the
competent authority.
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a) Refusing to provide necessary
information and documents for auditing upon request of audit practitioners or
auditing firms;
b) Bribing and colluding with audit
participants and auditing firms to tamper with accounting documents, financial
statements, audit documents and audit statements;
c) Threatening, taking revenge on,
coercing audit participants in order to alter audit results;
d) Concealing illegal acts in
finance and accounting;
dd) Obstructing auditing works and
restricting the audit’s scope.
3. Remedial Measure:
Rectify false or misleading
information in case of violations mentioned in Points b and c, Clause 2 of this
Article.
Section 6.
VIOLATIONS AGAINST REGULATIONS ON AUDIT OF UNITS WITH PUBLIC INTEREST’S
FINANCIAL STATEMENTS
Article 56.
Penalties for violations against regulations on announcement and notification
obligations of approved auditing firms
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2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on the approved auditing firm that
notify the authority with competence to authorize of changes in name, head
office, field of practice, list of audit practitioners and changes that make
the firm no longer eligible for approval 15 days after the specified deadline
or later.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on the approved auditing firm
that fails to notify the authority with competence to authorize of changes in
name, head office, field of practice, list of audit practitioners and changes
that make the firm no longer eligible for approval.
Article 57.
Penalties for violations against regulations on audit and review services to
units with public interest
1. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed on the audit practitioner
carrying out auditing works, signing audit statements or review reports for
units with public interest without the Ministry of Finance’s approval or having
such approval suspended or terminated.
2. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed in the following cases:
a) The auditing firm carries out
auditing works for units with public interest despite being prohibited to do
so;
b) The unit with public interest
selects an auditing firm for audit and review services despite the auditing
firm not having the Ministry of Finance’s approval;
c) The unit with public interest
selects, or continues to carry out contracts which are signed with, an auditing
firm for audit and review services despite the auditing firm’s approval to
audit suspended or terminated.
3. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed on the auditing firm providing
audit or review services for units with public interest without the Ministry of
Finance’s approval or having such approval suspended or terminated.
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a) The audit practitioner
committing the violation mentioned in Clause 1 of this Article shall have
his/her certificate of audit practice registration suspended for 3-6 months
from the day the decision on penalty imposition comes into effect;
b) The auditing firm recommitting
the violation mentioned in Clause 3 of this Article shall have its certificate
of eligibility to provide audit services suspended for 3-6 months from the day
the decision on penalty imposition comes into effect.
5. Remedial Measure:
Return illegal profits earned by
violations mentioned in Clause 1, Point a Clause 2 and Clause 3 of this
Article.
Article 58.
Penalties for violations against regulations on disclosure of transparency
reports
1. A warning shall be imposed on
the auditing firm committing one of the following violations:
a) Lack of the legal representative
or the approved person's signature on the transparency report.
b) Publishing or updating the
transparency report’s information less than 15 days after the specified
deadline.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on the auditing firm publishing or
updating the transparency report’s information on the firm’s website 15 days
after the specified deadline or later.
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a) Failure to publish websites;
b) Failure to publish or update the
transparency report’s information on the firm’s website;
c) Publishing false information in
the transparency report.
4. Remedial Measure:
Rectify false or misleading
information in case of the violation mentioned in Point c, Clause 3 of this
Article.
Article 59.
Penalties for violations against regulations on application documents for audit
of units with public interest
1. A fine ranging from VND 5.000.000
to VND 10.000.000 shall be imposed for confirmation of inaccurate or forged
application documents to gain approval for audit units with public interest.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for giving false information in
application documents to gain approval for audit units with public interest.
3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for forging application documents
to gain approval for audit units with public interest.
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Return illegal profits earned by
the violation mentioned in Clause 1 of this Article.
Article 60.
Penalties for violations against regulations on responsibilities of units with
public interest
A fine ranging from VND 10.000.000
to VND 20.000.000 shall be imposed on the unit with public interest committing
one of the following violations:
1. Failure to create and operate an
internal control system.
2. Failure to carry out internal
audit as specified in regulations of law.
3. Selecting an approved auditing
firm to comment on a financial statement which has already been audited by
another approved auditing firm, except when it is allowed as specified in
regulations of law.
4. Failure to notify the authority
with competence to authorize auditing firms of the reason for changing to an
auditing firm different from the previous year's and the reason for changing
the auditing firm carrying out auditing works (if any).
5. Failure to notify the discovery
of audit practitioners and approved auditing firms’ violations against the Law
on Independent Audit to the authority with competence to authorize auditing
firms .
6. Providing false information
relevant to audited financial statements upon request of the competent
authority.
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Article 61.
Penalties for violations against regulations on independence
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for taking up positions of
management, administration, inspection committee member or chief accountant of
a unit with public interest less than 12 months after completing the last audit
for that unit.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for carrying out auditing works
for a unit with public interest for more than 4 consecutive fiscal years.
3. A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed in the following cases:
a) The unit with public interest
authorizes audit practitioners to audit financial statements for more than 4
consecutive fiscal years;
b) The auditing firm appoints audit
practitioners to audit financial statements for a unit with public interest for
more than 4 consecutive fiscal years.
4. Additional penalties:
a) The audit practitioner
committing the violation mentioned in Clause 2 of this Article shall have
his/her certificate of audit practice registration for 3-6 months suspended
from the day the decision on penalty imposition comes into effect;
b) The auditing firm recommitting
the violation mentioned in Point b, Clause 3 of this Article shall have its
certificate of eligibility to provide audit services suspended for 3-6 months
from the day the decision on penalty imposition comes into effect.
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Article 62.
Penalties for violations against regulations on conditions for provision of
transboundary audit services
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on the foreign auditing firms
tampering with documents to obtain the certificate of eligibility to provide
transboundary auditing services in Vietnam.
2. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed on the foreign auditing firm
committing one of the following violations:
a) Forging application documents
for provision of transboundary audit services registration;
b) Providing transboundary audit services
in Vietnam without a certificate of eligibility to provide transboundary audit
services in Vietnam;
c) Continuing to provide
transboundary audit services despite the provision of audit services being put
on hold, suspended or terminated, or the certificate of eligibility to provide
transboundary audit services in Vietnam being revoked.
3. Additional penalty:
The foreign auditing firm
committing any of the violations mentioned in Points b, c, Clause 2 of this
Article shall have its certificate of eligibility to provide transboundary
audit services in Vietnam suspended (if already issued) for 3-6 months from the
day the decision on penalty imposition comes into effect.
4. Remedial Measure:
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Article 63.
Penalties for violations against regulations on methods for provision of
transboundary audit services
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on the foreign auditing firm committing
one of the following violations:
a) Making payment of service
charges against regulations of law on foreign currency management of Vietnam;
b) Failure to make audit contracts
in compliance with Vietnamese law while providing transboundary audit services;
c) Failure to make joint venture
contracts while providing transboundary audit services in Vietnam.
2. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed the organization in the following
cases:
a) The Vietnamese auditing firm
forms joint venture with a foreign firm that is not eligible for provision of
transboundary audit services while providing transboundary audit services in
Vietnam;
b) The foreign auditing firm forms
joint venture with a Vietnamese firm that is not eligible for provision of
transboundary audit services while providing transboundary audit services in
Vietnam.
3. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed on the foreign auditing firm that
fails to form joint venture with a Vietnamese firm that is eligible for
provision of audit services while providing transboundary audit services in
Vietnam.
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The foreign auditing firm
committing the violation mentioned in Clause 3 of this Article shall have its
certificate of eligibility to provide transboundary audit services in Vietnam
suspended for 6-12 months from the day the decision on penalty imposition comes
into effect.
Article 64.
Penalties for violations against obligations of firms providing transboundary
audit services
1. A warning shall be imposed on
the foreign auditing firm committing one of the following violations:
a) Informing the Ministry of
Finance that one of the conditions required for provision of transboundary
audit services is not met less than 15 days after the specified deadline;
b) Submitting audited annual
financial statements with independent auditing firms’ audit statements
attached, the local audit service authority’s reports on compliance with
regulations of law on provision of audit services and other regulations of law
to the Ministry of Finance less than 15 days after the specified deadline;
c) Submitting reports on execution
of contracts for provision of transboundary audit services in Vietnam to the
Ministry of Finance less than 15 days after the specified deadline.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on the foreign auditing firm in
the following cases:
a) Informing the Ministry of
Finance that one of the conditions required for provision of transboundary audit
services is not met 15 days after the specified deadline or later;
b) Submitting audited annual
financial statements with independent auditing firms’ audit statements
attached, the local audit service authority’s reports on compliance with
regulations of law on provision of audit services and other regulations of law
to the Ministry of Finance less 15 days after the specified deadline or later;
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3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on the foreign auditing firm
committing of the following violations:
a) Failure to inform the Ministry
of Finance that one of the conditions required for provision of transboundary
audit services in Vietnam is not met;
b) Failure to submit audited annual
financial statements with independent auditing firms’ audit statements
attached, the local audit service authority’s reports on compliance with
regulations of law on provision of audit services and other regulations of law
to the Ministry of Finance;
c) Failure to report or reporting falsely
on execution of contracts for provision of transboundary audit services in
Vietnam.
4. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed on the foreign auditing firm
committing one of the following violations:
a) Committing prohibited acts or
providing audit services in prohibited cases as specified in regulations of the
Vietnamese Law on Independent Audit;
b) Failure to comply with
Vietnamese audit standards and accounting and audit code of ethics while
providing transboundary audit services in Vietnam;
c) Failure to explain the contents
relevant to provision of transboundary audit services in Vietnam to the
Vietnamese authorities.
5. Additional penalty:
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Article 65.
Penalties for violations against regulations on forming joint venture with
foreign auditing firms for provision of transboundary audit services in Vietnam
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on the Vietnamese auditing firm
forming joint venture with foreign auditing firms in the following cases:
a) Failure to retain the documents
of the joint venture audits carried out with foreign auditing firms in full;
b) Failure to provide sufficiently
and punctually the documents of completed joint venture audits to the
authorities upon request;
c) Failure to explain sufficiently
and punctually about audit statements, audit documents and other problems
arising from joint venture audits with foreign auditing firms to the
authorities.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on the Vietnamese auditing firm
forming joint venture with foreign auditing firms in the following cases:
a) Failure to retain the documents
of the joint venture audits carried out with foreign auditing firms for provision
of transboundary audit services in Vietnam;
b) Failure to provide the documents
of completed joint venture audits with foreign auditing firms to the
authorities upon request;
c) Failure to explain about audit
statements, audit documents and other problems arising from joint venture
audits with foreign auditing firms to the authorities.
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3. Additional penalty:
The foreign auditing firm
committing any of the violations mentioned in Clause 2 of this Article shall
have its certificate of eligibility to provide transboundary audit services
suspended for 1-3 months from the day the decision on penalty imposition comes
into effect.
Section 8.
VIOLATIONS AGAINST REGULATIONS ON NOTIFICATIONS AND REPORTS
Article 66.
Penalties for violations against regulations on notification and report
obligations of auditing firms
1. A warning shall be imposed on
the auditing firm committing one of the following violations:
a) Notifying the Ministry of
Finance of changes that have to be notified, as specified in the Law on
Independent Audit, less than 15 days after the specified deadline;
b) Submitting annual consolidated
reports on the audit practitioners' state of upholding requirements for
practicing audit in the unit to the Ministry of Finance less than 15 days after
the specified deadline;
c) Notifying the Ministry of
Finance in writing less than 15 days after the specified deadline when the
certificate of audit practice registration expires or is invalidated in cases
where it is required by law to do so;
d) Notifying the loss or damage of
certificate of eligibility to provide audit services to the Ministry of Finance
less than 15 days after the specified deadline;
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e) Submitting the annual report on
the state of operation and the previous year’s financial statement to the
Ministry of Finance less than 15 days after the specified deadline;
g) Notifying the Ministry of
Finance in writing less than 15 days after the specified deadline when the
provision of audit services resumes after being put on hold;
h) Submitting the application
document for termination of provision of audit services to the Ministry of
Finance less than 15 days after the specified deadline;
i) Submitting scheduled and
unscheduled reports to the Ministry of Finance upon request less than 15 days
after the specified deadline.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on the auditing firm committing of
the following violations:
a) Notifying the Ministry of
Finance of changes in contents that have to be notified, as specified in the
Law on Independent Audit, 15 days after the specified deadline or later;
b) Submitting annual consolidated
reports on the audit practitioners' state of upholding requirements for
practicing audit in the unit, alongside the annual reports on upholding
requirements for practicing audit of each auditor, to the Ministry of Finance
15 days after the specified deadline or later;
c) Notifying the Ministry of
Finance in writing 15 days after the specified deadline or later when the
certificate of audit practice registration expires or is invalidated in cases
where it is required by law to do so;
d) Notifying the loss or damage of
certificate of eligibility to provide audit services to the Ministry of Finance
15 days after the specified deadline or later;
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e) Submitting the annual report on
the state of operation and the previous year’s financial statement to the
Ministry of Finance less 15 days after the specified deadline or later;
g) Notifying the Ministry of
Finance in writing 15 days after the specified deadline or later when the
provision of audit services resumes after being put on hold;
h) Submitting the application
document for termination of provision of audit services to the Ministry of
Finance 15 days after the specified deadline or later;
i) Submitting scheduled and
unscheduled reports to the Ministry of Finance upon request 15 days after the
specified deadline or later.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on the auditing firm committing
one of the following violations:
a) Failure to notify the Ministry
of Finance of changes that have to be notified, as specified in the Law on
Independent Audit;
b) Failure to submit annual
consolidated reports on the audit practitioners' state of upholding
requirements for practicing audit in the unit, alongside the annual reports on
upholding requirements for practicing audit of each auditor, to the Ministry of
Finance;
c) Failure to notify the Ministry
of Finance when the certificate of audit practice registration expires or is
invalidated in cases where it is required by law to do so;
d) Failure to notify the loss or
damage of certificate of eligibility to provide audit services to the Ministry
of Finance;
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e) Failure to submit the annual
report on the state of operation and the previous year’s financial statement to
the Ministry of Finance;
g) Failure to notify the Ministry
of Finance in writing when the provision of audit services resumes after being
put on hold;
h) Failure to submit the
application document for termination of provision of audit services to the
Ministry of Finance;
i) Failure to notify the Ministry
of Finance in writing of establishment or termination of the auditing firm’s
overseas office;
k) Failure to submit scheduled and
unscheduled reports to the Ministry of Finance upon request.
Article 67.
Penalties for violations against regulations on announcement and notification
obligations of audit practitioners
1. A warning shall be imposed on
the audit practitioner notifying or reporting to the Ministry of Finance less
than 15 days after the specified deadline when:
a) No longer working for the
Vietnamese auditing firm or branch of foreign auditing firm specified in the
certificates of audit practice registration, hence having the full-time labor
contract with that firm terminated;
b) The full-time labor contract
with the Vietnamese auditing firm or branch of foreign auditing firm expires or
is terminated or has changes that make the contract no longer full-time;
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d) Taking up or temporarily
resigning from, as an individual, positions of legal representatives, director
(or deputy director), chairman of the board of directors, chairman of the
members' council, chief accountant (or accounting manager), accountant,
internal auditor or other positions in units and organizations other than one's
own auditing firm, or having changes in working time and titles in those units;
dd) The auditing firm undergoes
termination of operations, dissolution, bankruptcy, full or partial division, acquisition,
consolidation or change of ownership form;
e) Requested by the Ministry of
Finance to provide scheduled or unscheduled information relevant to the audit
practitioner’s work.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on the audit practitioner
notifying or reporting to the Ministry of Finance 15 days after the specified
deadline or later when:
a) No longer working for the
Vietnamese auditing firm or branch of foreign auditing firm specified in the
certificates of audit practice registration, hence having the full-time labor
contract with that firm terminated;
b) The full-time labor contract
with the Vietnamese auditing firm or branch of foreign auditing firm expires or
is terminated or has changes that make the contract no longer full-time;
c) The foreign audit practitioner's
Vietnamese work permit expires or is invalidated;
d) Taking up or temporarily
resigning from, as an individual, positions of legal representatives, director
(or deputy director), chairman of the board of directors, chairman of the
members' council, chief accountant (or accounting manager), accountant,
internal auditor or other positions in units and organizations other than one's
own auditing firm, or having changes in working time and titles in those units;
dd) The auditing firm undergoes
termination of operations, dissolution, bankruptcy, full or partial division,
acquisition, consolidation or change of ownership form;
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3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on the audit practitioner that
fails to notify or report to the Ministry of Finance when:
a) No longer working for the
Vietnamese auditing firm or branch of foreign auditing firm specified in the
certificates of audit practice registration, hence having the full-time labor
contract with that firm terminated;
b) The full-time labor contract
with the Vietnamese auditing firm or branch of foreign auditing firm expires or
is terminated or has changes that make the contract no longer full-time;
c) The foreign audit practitioner's
Vietnamese work permit expires or is invalidated;
d) Taking up or temporarily
resigning from, as an individual, positions of legal representatives, director
(or deputy director), chairman of the board of directors, chairman of the
members' council, chief accountant (or accounting manager), accountant,
internal auditor or other positions in units and organizations other than one's
own auditing firm, or having changes in working time and titles in those units;
dd) The auditing firm undergoes
termination of operations, dissolution, bankruptcy, full or partial division,
acquisition, consolidation or change of ownership form;
e) Requested by the Ministry of
Finance to provide scheduled or unscheduled information relevant to the audit
practitioner’s work.
Section 9.
VIOLATIONS AGAINST REGULATIONS ON CONTROL OF AUDIT SERVICE QUALITY
Section 68.
Penalties for violations against regulations on control of audit service
quality of auditing firms and branches of foreign auditing firms
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a) Submitting reports on
self-inspection of audit service quality to the Ministry of Finance and the
State Securities Commission less than 15 days after the specified deadline;
b) Submitting reports on error
rectification and implementation of inspectorates’ request to the inspecting
authority and the professional organization in auditing less than 15 days after
the specified deadline;
c) Reporting on independent audit
activities upon request of the Ministry of Finance or the State Securities
Commission less than 15 days after the specified deadline.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on the auditing firm committing
one of the following violations:
a) Submitting reports on
self-inspection of audit service quality to the Ministry of Finance and the
State Securities Commission 15 days after the specified deadline or later;
b) Submitting reports on error
rectification and implementation of inspectorates’ request to the inspecting
authority and the professional organization in auditing 15 days after the
specified deadline or later;
c) Reporting on independent audit
activities upon request of the Ministry of Finance or the State Securities
Commission insufficiently or 15 days after the specified deadline or later.
d) Late or insufficient provision
of information and documents upon request of the competent authority during the
control of audit service quality process.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on the auditing firm committing
one of the following violations:
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b) Failure to submit reports on
error rectification and implementation of inspectorates’ request to the inspecting
authority and the professional organization in auditing;
c) Failure to report on independent
audit activities upon request of the Ministry of Finance or the State
Securities Commission;
d) Failure to provide information
and documents upon request of the competent authority during the control of
audit service quality process.
4. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed on the auditing firm committing
one of the following violations:
a) Failure to create a service quality
control system for audit services, review services, financial information,
other assurance services and related services;
b) Failure to create policies and
quality control processes for each audit;
a) Failure to conduct and implement
service quality control in audit services, review services, financial
information, other assurance services and related services;
d) Failure to implement policies
and quality control processes in each audit;
dd) Provision of false or
inaccurate information or documents for the competent authority during the
control of audit service quality process.
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g) Failure to appoint audit
practitioners and other related staff to work with the inspectorates;
h) Failure to sign the inspection
report right after the inspection is complete.
5. Additional penalty:
The auditing firm committing
any of the violations mentioned in Point d, Clause 3, Points e and f, Clause 4
of this Article shall have its certificate of eligibility to provide audit
services suspended for 1-3 months from the day the decision on penalty
imposition comes into effect.
Chapter IV
POWER TO RECORD AND
IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS REGULATED BY THIS DECREE
Article 69.
Power to record administrative violations regulated by this Decree
Those with the power to record
administrative violations regulated by this Decree are:
1. Those with the power to impose
penalties for administrative violations regulated by this Decree, as specified
in Articles 70 and 71 of this Decree.
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Article 70.
Power of Finance Inspector to impose penalties for administrative violations
1. Finance Inspectors of all levels
have the right to issue warnings in the fields of accounting and independent
audit.
2. Chief Inspectors of
province-level Departments of Finance are entitled to:
a) Issue warnings;
b) Impose fines up to VND
25.000.000;
c) Confiscate evidence of
administrative violations whose value do not exceed the fine specified in Point
b of this Clause.
d) Impose suspension of
certificates of registration for accounting practice, certificates of
registration for auditing practice, certificates of eligibility for providing
accounting and audit services or suspension of operations.
dd) Enforce remedial measures
specified in Article 5 of this Decree.
3. The Chief Inspector of the
Ministry of Finance has the right to impose penalties for administrative violations
regulated by this Decree as follows:
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b) Impose fines up to VND
50.000.000;
c) Confiscate evidence of
administrative violations;
d) Impose suspension of
certificates of registration for accounting practice, certificates of registration
for auditing practice, certificates of eligibility for providing accounting and
audit services or suspension of operations.
dd) Enforce remedial measures
specified in Article 5 of this Decree.
Article 71.
Power of People’s Committees of all levels to impose penalties for
administrative violations
1. Chairpersons of commune-level
People’s Committees are entitled to:
a) Issue warnings;
b) Impose fines up to VND
5.000.000;
c) Confiscate evidence of
administrative violations whose value do not exceed the fine specified in Point
b of this Clause.
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a) Issue warnings;
b) Impose fines up to VND
25.000.000;
c) Confiscate evidence of
administrative violations whose value do not exceed the fine specified in Point
b of this Clause.
d) Impose suspension of
certificates of registration for accounting practice, certificates of
eligibility for providing accounting services or suspension of operations.
dd) Enforce remedial measures
specified in Article 5 of this Decree.
3. Chairpersons of province-level
People’s Committees have the right to impose penalties for administrative
violations regulated by this Decree as follows:
a) Issue warnings;
b) Impose fines up to VND
50.000.000 on individuals;
c) Confiscate evidence of
administrative violations;
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dd) Enforce remedial measures
specified in Article 5 of this Decree.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 72.
Implementation provisions
1. This Decree is in effect from
May 1, 2018.
2. This Decree replaces the
Government’s Decree No.105/2013/ND-CP dated September 16, 2013 on penalties for
administrative violations in the fields of accounting and independent audit.
3. Implementation of the
regulations of this Decree to violations that occur before this Decree is in
effect:
If this Decree specifies no legal
responsibility or lighter legal responsibility for a violation that occurs
before the date this Decree is in effect but is discovered later or being
deliberated and processed, this Decree shall be implemented.
4. The regulations of the
Government’s Decree No. 105/2013/ND-CP shall apply to decisions on penalty
imposition in the fields of accounting and independent audit which are issued
or implemented before this Decree is in effect and appealed against by the
penalized entities.
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1. The Minister of Finance shall be
responsible for instructing and organizing the implementation of this Decree.
2. Ministers, heads of
ministry-level agencies, heads of the Government’s affiliates, Chairpersons of
province-level People’s Committees shall be responsible for implementing this
Decree./.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc