THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
49/1999/ND-CP
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Hanoi,
July 8, 1999
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DECREE
ON SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS IN THE DOMAIN
OF ACCOUNTANCY
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Ordinance on Accountancy and Statistics of May 20, 1988;
Pursuant to the Ordinance on Handling Administrative Violations of July 6,
1995;
At the proposal of the Minister of Finance,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Objects and
scope of regulation
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2. The regulations on administrative sanctions
in the domain of accountancy in this Decree shall apply to:
a/ Individuals and organizations that commit
acts of administrative violation in the domain of accountancy stipulated in
Chapter II of this Decree;
b/ Foreign individuals and organizations
operating in Vietnam that commit acts of administrative violation in the domain
of accountancy stipulated in Chapter II of this Decree, except otherwise
stipulated in international agreements which Vietnam has signed or acceded to.
Article 2.- Principles
and statute of limitations of sanctions
1. The principle on sanctions against
administrative violations in the domain of accountancy is based on Clauses 1,
3, 4, 5 and 6 of Article 3 of the Ordinance on Handling Administrative
Violations.
2. The statute of limitations of sanctions
against administrative violations in the domain of accountancy is two years
after the violation is committed.
Individuals, who have been subjected to primary
prosecution or prosecution or whose case has been decided to be brought to
trial according to the procedures of criminal proceedings but now a decision of
the competent level has been taken to stop the investigation or stop the trial,
shall be sanctioned administratively for those acts showing signs of
administrative violation; the statute of limitations of administrative sanction
is 3 months after the decision to stop the investigation is issued.
In case the individual or organization continues
to commit administrative violations, or deliberately evades or obstructs the
sanction, the statute of limitations of sanctions mentioned in this Clause
shall not apply.
Article 3.- Forms of
sanction against administrative violations in the domain of accountancy
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a/ Warning;
b/ Fine.
2. Besides the main form of sanction, the
individual or organization that commits acts of administrative violation in the
domain of accountancy may be subjected to one or several forms of additional
sanction and other measures stipulated in Clauses 2 and 3, Article 11 of the
Ordinance on Handling Administrative Violations.
Article 4.- Extenuating
and aggravating circumstances in sanctions against administrative violations in
the domain of accountancy
1. Extenuating circumstances:
a/ Individuals or organizations that commit
administrative violations but that have on their own prevented or reduced the
damage of the violation or that have voluntarily overcome the consequences and
paid damages; or
b/ The violation is committed under duress;
2. Aggravating circumstances:
a/ Organized violation;
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c/ Instigating, drawing or forcing their
dependents by material incentives or spiritual influence to commit the
violation;
d/ Misusing their positions and power to commit
the violations;
e/ Taking advantage of the war situation or
natural disasters or other special difficulties of society to commit
violations;
f/ Taking acts of evasion or concealment after
their administrative violation;
Chapter II
ACTS OF VIOLATION, FORMS
AND LEVELS OF SANCTION
Article 5.- Violation of
the competence of issuing and applying the regime of accountancy
1. Fine of 1,000,000 - 5,000,000 VND and up to
10,000,000 VND in aggravating circumstances for one of the following acts:
a/ Not correctly observing the State regulations
concerning the competence of issuing the regimes of accountancy papers,
accountancy books, and financial reports.
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c/ Failing to register the regime of accountancy
applied during the time limit in force.
d/ Tampering the accountancy papers, the
accountancy book or the financial report or changing the method of accounting
before acceptance in writing by the competent level as prescribed.
2. Supplementary sanction: confiscation of
evidences of the administrative violation in case of violation stipulated in
Points a, b and d, Clause 1 of this Article.
Article 6.- Violating
the principle of using accountancy papers and accountancy accounts
1. Fine of 500,000 - 3,000,000 VND and up to
5,000,000 VND in aggravating circumstances for one of the following acts:
a/ Recording arising economic and financial
activities in accountancy papers without abiding by the principle of recording
accountancy papers, including electronic accountancy papers.
b/ Using accountancy receipts and accountancy
papers not in keeping with the provisions of the Ministry of Finance or without
permission from the competent agency.
c/ Selling unsigned and unsealed financial
receipts but without causing serious consequences.
d/ Buying financial receipts not in keeping with
prescriptions.
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2. Fine of 2,000,000 - 10,000,000 VND and up to
15,000,000 VND in aggravating circumstances for allowing others to use the
accounts of the unit to receive and transfer money for monetary activities in
violation of the financial discipline and discipline in using capital.
3. Supplementary sanction: confiscation of
evidences of administrative violation for the acts men-tioned in Points a, b, c
and d, Clause 1 of this Article.
Article 7.- Faking
accountancy papers, accountancy book, false declaration and untruthful
reporting of accountancy data
1. Fine of 2,000,000 - 10,000,000 VND and up to
15,000,000 VND in aggravating circumstances for one of the following acts:
a/ Faking accountancy papers and accountancy
book.
b/ False declaration of data and making
untruthful reports.
c/ Forcing others to fake papers, books or to
make false declaration of data or making untruthful reports on accountancy
data.
2. Supplementary sanction: confiscation of
evidences of administrative violation with regard to acts stipulated in Points
a and b, Clause 1 of this Article.
Article 8.- Violation of
the principle of accountancy on timeliness and adequacy
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a/ Untimely recording of accountancy papers as
prescribed by the regime of accountancy;
b/ Untimely recording in accountancy book as
prescribed by the regime of accountancy;
c/ Untimely making or submission of financial
reports as prescribed by the regime of accountancy.
2. Fine of 500,000 - 4,000,000 VND and up to
7,000,000 VND in case of aggravating circumstances for one of the following
acts:
a/ Inadequate recording of accountancy papers as
prescribed by the regime of accountancy;
b/ Inadequate recording in accountancy books as
prescribed by the regime of accountancy;
c/ Inadequate making of financial reports as
prescribed by the regime of accountancy.
Article 9.- Violation of
prescriptions on book opening, book recording, book closing in accountancy and
in inventory
1. Warning or fine of 200,000 - 1,000,000 VND
and up to 2,000,000 VND in aggravating circumstances for one of the following
acts:
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b/ Unclear recording in accountancy books;
c/ Tampering or erasing accountancy books not as
prescribed.
2. Fine of 2,000,000 - 10,000,000 VND and up to
15,000,000 VND in aggravating circumstances for recording or calculating
figures in the accountancy book not in conformity with the content and method
prescribed for the accountancy regime.
3. Fine of 1,000,000 - 8,000,000 VND and up to
15,000,000 VND in aggravating circumstances for one of the following acts:
a/ Selling goods without writing financial
receipt and without making entry in the sale book;
b/ Leaving aside part of the turnover or making
phony increase of turnover in the annual reporting calendar.
4, Fine of 500,000 - 4,000,000 VND and up to
7,000,000 VND in aggravating circumstances for one of the following acts:
a/ Failing to carry out or carrying out
incorrectly the State regulations on property inventory.
b/ Failing to handle or handling erroneously
property inventory before making the financial report of the operating year.
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Article 10.- Violation
of the regime of reporting and supplying accountancy documents
Fine of 1,000,000 - 8,000,000 VND and up to
15,000,000 VND in aggravating circumstances for one of the following acts:
1. Making financial reports at variance with the
forms prescribed by the competent agencies.
2. Failing to carry out or carrying out not in
accordance with the regulations on the supply of accountancy documents related
to the carrying out of economic contracts already signed with foreign countries
and other economic relations with regard to the specialized agencies that are
allowed to request the supply according to provisions of law.
3. Failing to report or mistakenly report or
making inadequate report on the prescribed contents as requested by the State
or the competent agency on the borrowing and use of loans from foreign
countries without going through the State and the financing and banking system
in the country as prescribed by law.
4. Failing to submit the periodical financial
report as prescribed by the financial and banking agency on the economic
operations of the unit in foreign countries.
5. The financial report is not audited as
prescribed by law.
Article 11.- Violation
of the regime of accountancy inspection
1. Fine of 1,000,000 - 8,000,000 VND and up to 15,000,000
VND in aggravating circumstances for one of the following acts:
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b/ Delaying or evading or intentionally not
supplying documents, papers and accountancy books or financial reports as
requested by the inspection organization.
c/ Tampering or changing accountancy papers and
accountancy books during the supervision and inspection on finance and accountancy.
d/ Failing to carry out the order on sealing of
dossiers and documents, papers and books on accountancy and treasure safes and
other properties of the competent agency as prescribed by law.
e/ Removing without authorization or moving or
taking other acts to change the state of sealing of the stores, treasure safes,
gold, silver and gems, papers and books of accountancy and dossiers on
borrowings and repayments, mortgages, guarantees or evidences under seal or
temporary detention without causing notable consequences.
2. Applying measures of forcible restoration to
the original state for the violations stipulated in Points c and e, Clause 1 of
this Article.
Article 12.- Violating
the regime of maintenance and storing of accountancy papers and books and financial
reports
1. Warning or fines of 200,000 - 2,000,000 VND
and up to 4,000,000 VND in aggravating circumstances for one of the following
acts:
a/ Keeping and storing accountancy dossiers and
documents not as prescribed.
b/ Using accountancy dossiers and documents on
file not as prescribed.
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3. Fine of 1,000,000 - 8,000,000 VND and up to
15,000,000 VND in aggravating circumstances for one of the following acts:
a/ Abolishing accountancy papers and books or
financial reports before expiry of the prescribed time for storing;
b/ Abolishing accountancy papers and books and
financial reports not as prescribed by procedures;
c/ Abolishing accountancy papers and books and
financial reports not in keeping with or beyond the prescribed power.
Article 13.- Violation
of principle of organization of accountancy
1. Fine of 2,000,000 - 10,000,000 VND and up to
15,000,000 VND in aggravating circumstances for one of the following acts:
a/ To assign an accountant to act also as store
keeper, cashier or material supplier;
b/ To assign a person to act as accountant,
store keeper or cashier not allowed by law on accountancy.
c/ Failing to assign persons or failing to
organize a section to look after the accountancy work as prescribed by law.
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a/ To appoint head accountants with earlier
convictions or criminal records who have not completed the period when they are
forbidden by law to assume these posts or who are being disciplined for
violating the accountancy and financial profession;
b/ To appoint a head accountant not up to the
criteria in skill or experience in actual work as prescribed by the criteria .
3. To apply the measure of forcible transfer
from the appointed post for violations of Points a, b, Clause 1 and Clause 2 of
this Article.
Article 14.- Transferring
the dossier of administrative violation in the accountancy domain for
examination of criminal liability
When detecting signs of criminality in the
administrative violation in the domain of accountancy, the competent person
must send immediately the dossier to the competent crime handling agency for
settlement.
It is strictly forbidden to retain the cases of
violation in the domain of accountancy with signs of criminality for
administrative handling.
Chapter III
SANCTIONING COMPETENCE,
SANCTIONED ORGANIZATIONS AND INDIVIDUALS, PROCEDURES OF SANCTIONING AND
COMPLAINING
Article 15.-
Sanctioning competence of specialized financial inspector
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a/ To issue a warning;
b/ To fine up to 200,000 VND;
c/ To confiscate evidences and means used in the
administrative violation and other measures stipulated in Point c, Clause 1,
Article 34 of the Ordinance on Handling Administrative Violations.
2. The chief specialized financial inspector of
provincial or city level has the right:
a/ To issue a warning;
b/ To fine up to 10,000,000 VND;
c/ To apply supplementary sanctions and other
measures stipulated in Clause 2, Article 3 of this Decree.
3. The chief specialized financial inspector
under the Ministry of Finance has the right:
a/ To issue a warning;
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c/ To apply supplementary sanctions and other
measures stipulated in Clause 2, Article 3 of this Decree.
Article 16.-
Sanctioning competence of the People’s Committee of district and provincial
level
1. The president of the People’s
Committee of district level has the right:
a/ To issue a warning;
b/ To fine up to 10,000,000 VND;
c/ To apply supplementary sanctions and other
measures stipulated in Clause 2, Article 3 of this Decree.
2. The president of the People’s
Committee of provincial level has the right:
a/ To issue a warning;
b/ To fine up to 100,000,000 VND;
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Article 17.- Authorization
to sanction administrative violations
In the absence of the person with competence to
hand sanctions of administrative violations stipulated in Clauses 2 and 3,
Article 15, Clauses 1 and 2, Article 16 of this Decree or with their delegation
of power, their deputies have the right to hand the sanction according to their
competence.
Article 18.-
Determination of competence to hand sanctions against administrative violations
1. The People’s Committee of district and provincial
levels has the competence to hand sanctions against administrative violations
in the domain of accountancy in the locality.
2. The specialized financial inspectorate of
various levels has the competence to hand sanctions against administrative
violations in the domain of accountancy under its management.
3. In case the administrative violation in the domain
of accountancy comes under the sanctioning competence of many agencies, the
sanction shall be carried out by the agency which is the first to handle the
case.
Article 19.- Procedures
of sanctioning administrative violations in the domain of accountancy
The procedures of sanctioning administrative
violations in the domain of accountancy shall comply with the stipulations in
Chapter VI of the Ordinance on Handling Administrative Violations of July 6,
1995.
Article 20.- Forcible
implementation of the decision on sanction against administrative violations in
the domain of accountancy
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Article 21.- Sanction
of administrative violations with regard to acts of opposing personnel on
public mission in the domain of accountancy
The sanctioning of administrative violation
regarding persons who take act of opposing the personnel on public mission in
the domain of accountancy shall conform with the stipulations in Points a and
b, Clause 2, Point c, Clause 3 of Article 5 of Decree No. 49/CP of August 15,
1996 of the Government on sanctions against administrative violations in the
domain of security and order.
Article 22.-
Commendations and discipline
1. Individuals and organizations that detect and
denounce individuals or organizations with acts of administrative violation in
the domain of accountancy shall be commended and awarded according to the
common regulations of the State.
2. The person who has competence to handle
administrative violations in the domain of accountancy but who hides violation
or who fails to abide by the regulations on sanctions against administrative
violations in the domain of accountancy stipulated in this Decree shall,
depending on the nature and extent of the violation, be disciplined or examined
for penal liabilities. If he/she causes damage, he/she shall have to pay
compensations as stipulated by law.
Article 23.- Statute of
limitation for execution of sanctioning decision
The sanctioning decision on administrative
violation in the domain of accountancy shall lose its implementation effect
after a year following the issue of the decision. In case the sanctioned
individual or organization deliberately evades or delays the execution, the
statute of limitations as stipulated in this Article shall no longer apply.
Article 24.- Complaints
and denunciations
Complaints and denunciations against the
decision of sanctioning in the domain of accountancy and their settlement shall
comply with the legislation on complaints and denunciations.
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IMPLEMENTATION PROVISIONS
Article 25.-
Implementation provisions
1. This Decree takes effect 15 days after its
signing. It replaces the regulations on sanctioning against administrative
violations in the domain of accountancy stipulated in Decree No. 52/HDBT of
February 19, 1992 of the Council of Ministers and replaces the stipulations in
Point c, Clause 1; Points a, Clause 2; Points a, c, d and e, Clause 3, Article
2, and Points b and c, Clause 1, Article 3 of Decree No. 22/CP of April 17,
1996 of the Government on sanctions against administrative violations in the domain
of taxes.
2. The ministers, the heads of ministerial-level
agencies, the heads of the agencies attached to the Government, the presidents
of the People’s
Committees of the provinces and centrally-run cities shall have to implement
this Decree.
3. The Minister of Finance shall have to guide
the implementation of this Decree.
ON BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Tan DUNG