MINISTRY
OF FINANCE
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|
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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|
No:
169/2011/TT-BTC
|
Ha
Noi, November 24, 2011
|
CIRCULAR
GUIDING TO IMPLEMENT A NUMBER OF ARTICLES OF DECREE
NO.185/2004/ND-CP DATED NOVEMBER 4, 2004 AND DECREE NO. 39/2011/ND-CP DATED MAY
26, 2011 AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF DECREE NO.
185/2004/ND-CP OF THE GOVERNMENT ON SANCTION OF ADMINISTRATIVE VIOLATION IN THE
AREA OF ACCOUNTING
Pursuant to Accounting Law
No. 03/2003/QH11 dated June 17, 2003;
Pursuant to Ordinance on
Handling Administrative Violations No.44/2002/PL-UBTVQH10 dated July 02, 2002 and
Ordinance on amending and supplementing a number of articles of the Ordinance
on Handling Administrative Violations No. 04/2008/PL-UBTVQH12 dated April
February, 2008 of the Standing Committee of the National Assembly
Pursuant to Decree No.
37/2005/ND-CP dated March 18 2005 of the Government concerning the stipulation
of the procedures for application of coercive measures for the implementation
of decisions on the sanction of administrative violations;
Pursuant to Decree No.
118/2008/ND-CP dated November 27, 2008 of the Government stipulating functions,
duties, rights and organizational structure of the Ministry of Finance;
Pursuant to Decree No.
185/2004/ND-CP dated November 04, 2004 and Decree No. 39/2011/ND-CP dated May
26, 2011 on amending and supplementing a number of articles of Decree
No.185/2004/ND-CP of the government on the sanction of administrative
violations in the field of accounting;
The Ministry of Finance makes
guidance on implementing a number of articles of the Decree No. 185/2004/ND-CP
dated November 04, 2004 and Decree No. 39/2011/ND-CP dated May 26, 2011 on
amending and supplementing a number of articles of Decree No.185/2004/ND-CP of
the government on the sanction of administrative violations in the area of
accounting as follows:
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GENERAL REGULATIONS
Article 1.
Scope and subjects for application.
1. The scope and subjects of
this Circular are domestic and foreign individuals, agencies and organizations
operating in Vietnam (hereinafter referred to as individuals and organizations)
that violate the regulations of the law on accounting and are not the criminals
as prescribed in Decree No, 185/2004/ND-CP dated November 04, 2004 and Decree
No.39/2011/ND-CP dated May 26, 2011 on amending and supplementing a number of
articles of Decree No.185/2004/ND-CP of the Government on the sanction of
administrative violations in the area of accounting (hereinafter referred to as
Decree No.185/2004/ND-CP amended and supplemented )
2. Individuals are subject to
this Circular including: Accountants, accounting practitioners, other persons
relating to accounting in the field of state accounting and business
activities.
3. Agencies and organizations
are subject to this Circular including:
a) State agencies, non-business
units, organizations using the state budget funds and non-business units and
organizations not using state budget funds as prescribed in Article 2 of Decree
No. 128/2004/ND-CP dated May 31, 2004 of the Government stipulating in detail
and guiding the implementation of some articles of the Accounting Law in the
area of State accounting.
b) The business organizations
regulated in Article 2 of Decree No. 129/2004/ND-CP dated May 31, 2004 of the
Government detailing and guiding the implementation of some articles of the
Accounting Law in the business activities.
Article 2.
Principles for sanction of administrative violation in the area of accounting
1. All administrative violations
in the area of accounting must be promptly detected and must be stopped
immediately. The handling of administrative violations must be conducted
quickly, fairly and thoroughly; consequences of administrative violation must
be remedied in accordance with regulations of the law.
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3. The sanction of
administrative violations must be conducted by the competent persons in
accordance with the law.
4. An administrative violation
in the area of accounting administration is penalized only once. Many persons
commit an act of administrative violation, then each person violating will be
penalized. A person who commits many acts of administrative violation will be
penalized for each act of violation.
5. The penalization of
administrative violations must be based on the nature and seriousness of the
violation, the personal record of the violator and the extenuating and
aggravating circumstances as prescribed in Article 6 of Decree 185/2004/ND-CP
to decide the type and fine level, applying the additional penalizing forms and
appropriate remedial measures. The specific fine level for an administrative
violation shall be determined as prescribed in Article 5 and Articles from
Article 7 to Article 16, Chapter II of Decree No. 185/2004/ND-CP amended,
supplemented and guided in Chapter II of this Circular.
6. No sanction of administrative
violations in the area of accounting is applied for the following cases:
a) The prescription of the
sanction of administrative violations as stipulated in Article 3 of Decree No.
185/2004/ND-CP amended and supplemented is no longer valid.
b) Administrative violations with
the criminal signs including:
Administrative violations in the
area of accounting with the criminal signs and the records of the case has been
transferred to the competent proceedings agency for settlement;
Administrative violations in the
area of accounting with the criminal signs that the competent proceedings
agency is considering for settlement;
Administrative violations in the
area of accounting with the criminal signs, the competent proceedings agency
has a written request to transfer the records for consideration and criminal
prosecution.
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FORM AND LEVEL OF
SANCTION
Based on regulations in the
Article 5, Article 6, Chapter I and the Articles from Article 7 to Article 16, Chapter
II of Decree No. 185/2004/ND-CP amended and supplemented, the form and level of
sanction regulated as follows:
Article 3.
Forms and fine levels for the acts of violation as regulated on accounting
documents.
1. For an act of violation
regulated in Clause 1 of Article 7 of Decree No. 185/2004/ND-CP amended and
supplemented, there is no aggravating or extenuating circumstance, the specific
fine level is VND 1,100,000.
- In case there is one or two
extenuating circumstances, the fine level is VND 700,000;
- In case there are three or
more extenuating circumstances, the fine level is VND 200,000;
- In case there are one or two
aggravating circumstances, the fine level is VND 1,500,000;
- In case there are three or
more aggravating circumstances, the fine level is VND 2,000,000;
2. For an act of violation
specified in Clause 2, Article 7 of Decree No. 185/2004/ND-CP amended and
supplemented, there is no aggravating or extenuating circumstances, the fine
level will be VND 6,000,000
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- In case there are three or
more extenuating circumstances, the fine level is VND 2,000,000;
- In case there is one or two
aggravating circumstances, the fine level is VND 8.000.000;
- In case there are three or
more aggravating circumstances, the fine level is VND 10.000.000;
3. For an act of violation
specified in Clause 3, Article 7 of Decree No. 185/2004/ND-CP amended and
supplemented, there is no aggravating or extenuating circumstances, the fine
level will be VND 20,000,000.
- In case there is one or two
extenuating circumstances, the fine level is VND 15.000.000;
- In case there are three or
more extenuating circumstances, the fine level is VND 10.000.000
- In case there is one or two aggravating
circumstances, the fine level is VND 25.000.000;
- In case there are three or
more aggravating circumstances, the fine level is VND 30.000.000;
4. For an act of violation
specified in Clause 4, Article 7 of Decree No. 185/2004/ND-CP amended and
supplemented, there is no aggravating or extenuating circumstances, the fine
level shall be VND 25,000,000
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- In case there are three or
more extenuating circumstances, the fine level is VND 20.000.000
- In case there is one or two
aggravating circumstances, the fine level is VND 27.000.000;
- In case there are three or
more aggravating circumstances, the fine level is VND 30.000.000;
Article 4.
Forms and fine levels for the acts of violation as regulated on accounting
books.
1. For an act of violation
specified in Clause 1, Article 8 of Decree No. 185/2004/ND-CP, without any
aggravating or extenuating circumstances, the fine level will be VND 1,100,000.
- In case there is one or two
extenuating circumstances, the fine level is VND 700.000;
- In case there are three or
more extenuating circumstances, the fine level is VND 200.000;
- In case there is one or two
aggravating circumstances, the fine level is VND 1.500.000;
- In case there are three or
more aggravating circumstances, the fine level is VND 2.000.000;
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- In case there is one or two
extenuating circumstances, the fine level is VND 3.000.000;
- In case there are three or
more extenuating circumstances, the fine level is VND 2.000.000;
- In case there is one or two
aggravating circumstances, the fine level is VND 4.000.000;
- In case there are three or
more aggravating circumstances, the fine level is 5.000.000;
3. For an act of violation
specified in Clause 3, Article 8 of Decree No. 185/2004/ND-CP amended and
supplemented, there is no aggravating or extenuating circumstances, the fine
level will be 10.000.000 VND
- In case there is one or two
extenuating circumstances, the fine level is VND 8.000.000;
- In case there are three or
more extenuating circumstances, the fine level is VND 5.000.000;
- In case there is one or two
aggravating circumstances, the fine level is VND 12.000.000;
- In case there are three or
more aggravating circumstances, the fine level is VND 15.000.000;
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- In case there is one or two
extenuating circumstances, the fine level is VND 20.000.000;
- In case there are three or
more extenuating circumstances, the fine level is VND 15.000.000;
- In case there is one or two
aggravating circumstances, the fine level is VND 25.000.000;
- In case there are three or
more aggravating circumstances, the fine level is VND 30.000.000;
Article 5.
Forms and fine levels for the acts of violation as regulated on accounting
accounts.
1. For an act of violation
specified in Clause 1, Article 9 of Decree No. 185/2004/ND-CP amended and
supplemented, there is no aggravating or extenuating circumstances, the fine
level will be VND 7.500.000.
- In case there is one or two
extenuating circumstances, the fine level is VND 6.500.000;
- In case there are three or
more extenuating circumstances, the fine level is VND 5.000.000;
- In case there is one or two
aggravating circumstances, the fine level is VND 8.500.000;
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2. For an act of violation
specified in Clause 2, Article 9 of Decree No. 185/2004/ND-CP amended and
supplemented, there is no aggravating or extenuating circumstances, the fine
level will be VND 15.000.000.
- In case there is one or two
extenuating circumstances, the fine level is VND 13.000.000;
- In case there are three or
more extenuating circumstances, the fine level is VND 10.000.000;
- In case there is one or two
aggravating circumstances, the fine level is VND 17.000.000;
- In case there are three or more
aggravating circumstances, the fine level is VND 20.000.000;
Article 6.
Forms and fines for violations of regulations on financial statements, final
reports and public financial statements
1. For an act of violation
specified in Clause 1, Article 10 of Decree No. 185/2004/ND-CP amended and
supplemented, there is no aggravating or extenuating circumstances, the fine
level will be VND 10.000.000.
- In case there is one or two
extenuating circumstances, the fine level is VND 8.000.000;
- In case there are three or
more extenuating circumstances, the fine level is VND 5.000.000;
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- In case there are three or
more aggravating circumstances, the fine level is VND 15.000.000;
2. For an act of violation
specified in Clause 2, Article 10 of Decree No. 185/2004/ND-CP amended and
supplemented, there is no aggravating or extenuating circumstances, the fine
level will be VND 22.500.000.
- In case there is one or two
extenuating circumstances, the fine level is VND 20.000.000;
- In case there are three or
more extenuating circumstances, the fine level is VND 15.000.000;
- In case there is one or two
aggravating circumstances, the fine level is VND 25.000.000;
- In case there are three or
more aggravating circumstances, the fine level is VND 30.000.000;
Article 7.
Forms and fine levels for the acts of violation as regulated on accounting
inspection.
For an act of violation
specified in Article 11 of Decree No. 185/2004/ND-CP, there is no aggravating
or extenuating circumstances, the fine level will be VND 7.500.000.
- In case there is one or two
extenuating circumstances, the fine level is VND 6.500.000;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- In case there is one or two
aggravating circumstances, the fine level is VND 8.500.000;
- In case there are three or
more aggravating circumstances, the fine level is VND 10.000.000;
Article 8.
Forms and fine levels for the acts of violation as regulated on preservation
and storage of accounting documents
1. For an act of violation
specified in clause 1, Article 12 of Decree No. 185/2004/ND-CP, there is no
aggravating or extenuating circumstances, the fine level will be VND 3.500.000.
- In case there is one or two
extenuating circumstances, the fine level is VND 3.000.000;
- In case there are three or
more extenuating circumstances, the fine level is VND 2.000.000;
- In case there is one or two
aggravating circumstances, the fine level is VND 4.000.000;
- In case there are three or
more aggravating circumstances, the fine level is VND 5.000.000;
2. For an act of violation
specified in clause 2, Article 12 of Decree No. 185/2004/ND-CP, there is no
aggravating or extenuating circumstances, the fine level will be VND 7.500.000.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- In case there are three or
more extenuating circumstances, the fine level is VND 5.000.000;
- In case there is one or two
aggravating circumstances, the fine level is VND 8.500.000;
- In case there are three or
more aggravating circumstances, the fine level is VND 10.000.000;
3. For an act of violation
specified in clause 3, Article 12 of Decree No. 185/2004/ND-CP, there is no
aggravating or extenuating circumstances, the fine level will be VND
15.000.000.
- In case there is one or two
extenuating circumstances, the fine level is VND 13.000.000;
- In case there are three or
more extenuating circumstances, the fine level is VND 10.000.000;
- In case there is one or two
aggravating circumstances, the fine level is VND 17.000.000;
- In case there are three or
more aggravating circumstances, the fine level is VND 20.000.000;
Article 9.
Forms and fine levels for the acts of violation as regulated on property
inventory
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- In case there is one or two
extenuating circumstances, the fine level is VND 1.500.000;
- In case there are three or
more extenuating circumstances, the fine level is VND 1.000.000;
- In case there is one or two
aggravating circumstances, the fine level is VND 2.500.000;
- In case there are three or
more aggravating circumstances, the fine level is VND 3.000.000;
2. For an act of violation
specified in clause 2, Article 13 of Decree No. 185/2004/ND-CP, there is no
aggravating or extenuating circumstances, the fine level will be VND 4.000.000.
- In case there is one or two
extenuating circumstances, the fine level is VND 3.500.000;
- In case there are three or
more extenuating circumstances, the fine level is VND 3.000.000;
- In case there is one or two
aggravating circumstances, the fine level is VND 4.500.000;
- In case there are three or
more aggravating circumstances, the fine level is VND 5.000.000;
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- In case there is one or two
extenuating circumstances, the fine level is VND 6.500.000;
- In case there are three or
more extenuating circumstances, the fine level is VND 5.000.000;
- In case there is one or two
aggravating circumstances, the fine level is VND 8.500.000;
- In case there are three or
more aggravating circumstances, the fine level is VND 10.000.000;
Article 10.
Forms and fine levels for the acts of violation as regulated on organization of
accounting machine, arrangement of accounting employee or accountant hiring.
1. For an act of violation
specified in clause 1, Article 14 of Decree No. 185/2004/ND-CP, there is no
aggravating or extenuating circumstances, the fine level will be VND 7.500.000.
- In case there is one or two
extenuating circumstances, the fine level is VND 6.500.000;
- In case there are three or
more extenuating circumstances, the fine level is VND 5.000.000;
- In case there is one or two
aggravating circumstances, the fine level is VND 8.500.000;
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2. For an act of violation
specified in clause 2, Article 14 of Decree No. 185/2004/ND-CP, there is no
aggravating or extenuating circumstances, the fine level will be VND
15.000.000.
- In case there is one or two
extenuating circumstances, the fine level is VND 13.000.000;
- In case there are three or
more extenuating circumstances, the fine level is VND 10.000.000;
- In case there is one or two
aggravating circumstances, the fine level is VND 17.000.000;
- In case there are three or
more aggravating circumstances, the fine level is VND 20.000.000;
Article 11.
Forms and fine levels for the acts of violation as regulated on accounting
practice
For an act of violation
specified in clause 1, Article 15 of Decree No. 185/2004/ND-CP, there is no
aggravating or extenuating circumstances, the fine level will be VND
25.000.000.
- In case there is one or two extenuating
circumstances, the fine level is VND 23.000.000;
- In case there are three or
more extenuating circumstances, the fine level is VND 20.000.000;
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- In case there are three or
more aggravating circumstances, the fine level is VND 30.000.000;
Article 12.
Forms and fine levels for the acts of violation as regulated on application of
accounting standards, accounting regulations and other regulations
1. For an act of violation
specified in clause 1, Article 16 of Decree No. 185/2004/ND-CP, there is no
aggravating or extenuating circumstances, the fine level will be VND 7.500.000.
- In case there is one or two
extenuating circumstances, the fine level is VND 6.500.000;
- In case there are three or
more extenuating circumstances, the fine level is VND 5.000.000;
- In case there is one or two
aggravating circumstances, the fine level is VND 8.500.000;
- In case there are three or
more aggravating circumstances, the fine level is VND 10.000.000;
2. For an act of violation
specified in clause 1, Article 16 of Decree No. 185/2004/ND-CP amended and
supplemented, there is no aggravating or extenuating circumstances, the fine
level will be VND 20.000.000.
- In case there is one or two
extenuating circumstances, the fine level is VND 15.000.000;
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- In case there is one or two
aggravating circumstances, the fine level is VND 25.000.000;
- In case there are three or
more aggravating circumstances, the fine level is VND 30.000.000;
Article 13.
Forms and fine levels for the acts of violation concerning organization of
refresher course of chief accounting
1. For an act of violation
specified in clause 1, Article 16a of Decree No. 185/2004/ND-CP amended and
supplemented, there is no aggravating or extenuating circumstances, the fine
level will be VND 7.500.000.
- In case there is one or two
extenuating circumstances, the fine level is VND 6.500.000;
- In case there are three or
more extenuating circumstances, the fine level is VND 5.000.000;
- In case there is one or two
aggravating circumstances, the fine level is VND 8.500.000;
- In case there are three or
more aggravating circumstances, the fine level is VND 10.000.000;
2. For an act of violation
specified in clause 2, Article 16a of Decree No. 185/2004/ND-CP amended and
supplemented, there is no aggravating or extenuating circumstances, the fine
level will be VND 15.000.000.
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- In case there are three or
more extenuating circumstances, the fine level is VND 10.000.000;
- In case there is one or two
aggravating circumstances, the fine level is VND 17.000.000;
- In case there are three or
more aggravating circumstances, the fine level is VND 20.000.000;
3. For an act of violation
specified in clause 3, Article 16a of Decree No. 185/2004/ND-CP amended and
supplemented, there is no aggravating or extenuating circumstances, the fine
level will be VND 25.000.000.
- In case there is one or two
extenuating circumstances, the fine level is VND 23.000.000;
- In case there are three or
more extenuating circumstances, the fine level is VND 20.000.000;
- In case there is one or two
aggravating circumstances, the fine level is VND 27.000.000;
- In case there are three or
more aggravating circumstances, the fine level is VND 30.000.000;
Article 14.
Form and time limit of additional sanction: Deprivation of the right to use
practice certificate
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- In case there is one or two
extenuating circumstances, the time limit for depreviation of the right is 8
months;
- In case there are three or
more extenuating circumstances, the time limit for depreviation of the right is
6 months;
- In case there is one or two
aggravating circumstances, the time limit for depreviation of the right is 10
months;
- In case there are three or more
aggravating circumstances, the time limit for depreviation of the right is 12
months;
2. For an act of violation
specified at points c, d, dd and e, Clause 3 of Article 7, clause 4 of Article
7, point d and dd, clause 4 of Article 8 and point e, g clause 1 of Article15
of Decree No. 185/2004/ND-CP amended and supplemented, there is no aggravating
or extenuating circumstances, the time limit for deprivation of the right to
use accounting practice certificate or auditor’s Certificate is 3 months.
- In case there is one or two
extenuating circumstances, the time limit for depreviation of the right is 2
months;
- In case there are three or
more extenuating circumstances, the time limit for depreviation of the right is
1 months;
- In case there is one or two aggravating
circumstances, the time limit for depreviation of the right is 4months;
- In case there are three or
more aggravating circumstances, the time limit for depreviation of the right is
5 months;
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1. When considering that the act
of administrative violations in the area of accounting as prescribed in
Articles from Article 7 to Article 16 of Decree No. 185/2004/ND-CP amended and
supplemented leading to tax evasion, tax fraud, the person with sanctioning
competence of administrative violations in the area of accounting must conduct
the sanction of administrative violations as stipulated in Decree No.
185/2004/ND-CP amended and supplemented and guided in this Circular, then,
transfer the dossiers must be transferred immediately to tax authority at the
same level for handling as prescribed by law on administrative violations in
the area of tax.
2. The acts that are considered
administrative violations in the area of accounting leading to tax evasion and
tax fraud include:
a) Leaving out of accounting
books the accounting data or entry of accounting books is not in accordance
with accounting regulations in order to reduce payable tax or increase refundable,
exemptible and reductible tax
b) Altering, erasing accounting
documents and accounting books in order to reduce the tax payable or to
increase tax refundable or increase the tax exemptible and reducible;
c) Using fraudulent invoices or
other fraudulent accounting documents for the purpose of reducing the tax
payable or increasing the tax refundable or increasing the tax exemptible and
reducible;
d) Destroying accounting
documents, accounting books before the time limit specified for the purpose of
reducing the tax payable or increasing the tax refundable or increasing the tax
exemptible and reducible;
dd) Making two accounting books
for the same accounting subject but different content for the purpose of
reducing the tax payable or increasing the tax refundable or increasing the tax
exemptible and reducible;
Chapter 3.
PROCEDURES FOR SANCTION
AND IMPLEMENTATION OF SANCTIONING DECISION.
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Article 16.
Procedures for warning sanction
The form of warning sanction is
applied to individuals and organizations with minor and first administrative
violations with many extenuating circumstances. For the form of warning
sanction, the person with sanctioning competence doesnot make violation record
but a decision of sanction on the spot.
Article 17.
Making record of administrative violation in the area of accounting
The person with sanctioning
competence of administrative violations in the area of accounting on duty, upon
detection of administrative violations in the area of accounting, will make
timely records of administrative violations in the area of accounting, except
for cases of warning sanction specified in Article 16 of this Circular. The
form of record is specified in Appendix I.
The record must be made into at
least 02 copies and signed by the record maker and the violator or
representative of violating organization. If there are witnesses, they also
sign the record. In case the record consists of many pages, the signer must
sign each page of record. In case individual and representative of violating
organization or the witnesses refuse to sign the record, the record maker must
specify the reason in the record; individual and organ conducting the
inspection and verification still implement recommendations and decision in the
record and take responsibility before law for those conclusions and recommendations.
The record made must be handed
over to the violating individuals and organizations. If the violation case is
beyond the sanctioning competence of the record maker, this person must send
the record to the person with sanctioning competence.
In case the state management
agencies such as Financial agency, Tax agency, State audit,… detect
administrative violations in accounting but have no competence to make
sanctioning decision, then a record of administrative violation must be made as
prescribed in the section and sent to the competent authority to make
sanctioning decision of administrative violation as stipulated in Article 18,
Article 19 and Article 20 of the Decree No. 185/2004/ND-CP amended and
supplemented.
Article 18.
Sanctioning decision and the time limit for making sanctioning decision.
1. The sanctioning decision of
admimistrative violation in the area of accounting must specify the act of
violation, form and the fine level, the additional sanction, remedial measures
of the consequence and other contents in conformity with the form as prescribed
in the Appendix No.II
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Exceeding the time limit above
mentioned, the person with sanctioning competence is not entitled to make
sanctioning decision.
3. The person with sanctioning
competence if making mistake in exceeding the dealine without making
sanctioning decision, depending on the seriousness of the violation may be
disciplined, prosecuted for criminal liability, if causing damage, compensation
must be made as prescribed by law;
4. When deciding to sanction a
person who commits many acts of administrative violation, the person with sanctioning
competence only makes a sanctioning decision in which the form and the
santioning level for each act of violation are decided; if the form of sanction
is on the basis of pecuniary penalty, the amount of money of each act of
violation is added up to become the general fine level.
5. The sanctioning decision is
sent to violating individuals and organizations and the fine collecting organ
within the period of three (03) days from the date there is the sanctioning
decision.
6. The sanctioning decision of
administrative violations of the person with the sanctioning competence is
stamped with the seal of the agency of the person with sanctioning competence
for that act.
7. For the sanctioning decision
of the persons with sanctioning competence without the right to stamp directly,
the sanctioning decision will be stamped with the the agency seal of the [erson
who makes a sanctioning decision in the upper left corner of the decision where
the name of the sanctioning agency and number and symbol of the sanctioning
decision.
Article 19.
Fine payment, time limit for fine payment
1. Individuals and organizations
sanctioned pay the fine to the state budget funds at the State Treasury
specified in the sanctioning decision within ten (10) days from the date they are
given the sanctioning decisions, except the case they are santioned on the
spot.
2. In case the sanctioning
decisions in far and remote areas, where travelling is difficult, the person
who makes sanctioning decision can collect sanctioning fine on the spot and pay
into the state within seven (7) days
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1. When the act of violation of
the individual must be applied the additional sanctioning form that is
depriviation of the right to use accounting practice certificate or auditor’s
certificate (generally referred to as the practice Certificate), it must be
specified in the sanctioning decision. The person with sanctioning competence
is entitled to seizure the practice certificate and immidiately notify in
writing the Ministry of Finance (Accounting and Auditing Policy Department)
2. Upon the end of the time
limit of the depriviation of the right to use practice Certificate specified in
sanctioning decision, the person with sanctioning competence must return the
practice certificate to individual who is deprived of the right to use that
practice certificate.
Article 21.
Procedures for implementation of remedial measures: Confiscation of accounting
documents and accounting books
1. When the act of violation of
individuals and organizations must be applied the additional sanctioning form
to remedy the consequence is to confiscate accounting documents or accounting
books, it must be specified in the record of violation the name, a number of
documents, accounting books confiscated and the signature of the confiscator,
representative of organization sanctioned and witness.
2. The person with sanctioning
competence is entitled to seizure violating accounting documents and accounting
books to handle relevant effects. Upon completion of the handling, the person
with sanctioning competence must establish a Council of destruction including:
the person with sanctioning competence, representative of violating unit and
witness.
Article 22.
Compliance with the sanctioning decision of administrative violation
The compliance with the
sanctioning decision of administrative violation in the area of accounting is
regulated as follows:
1. Individuals and organizations
that are sanctioned must comply with the sanctioning decision of administrative
violation within the period of ten (10) days, from the date handed over the
sanctioning decision, unless otherwise prescribed by law. After making
sanctioning decision, the person with sanctioning competence must hand over the
sanctioning decision or notify them to come to get it. The time when the
individuals and organizations sanctioned receive the sanctioning decision is
considered the time handed over the sanctioning decision.
2. If individuals and
organizations that are sanctioned do not voluntarily comply with the allotted
time as prescribed in the clause 1, Article 1 of this Article, then they are
enforced for the implementation.
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1. The individuals and
organizations sanctioned for administrative violation, but exceeding the time
limit prescribed in Clause 1, Article 19 of this Circular but the individuals
and organizations sanctioned for administrative violations do not voluntarily
comply with the sanctioning decision, they will be enforced for the
implementation by measures of subtraction from salary, income or deduction of
money from accounts of individuals and organizations at banks, credit
institutions or other financial institutions.
Organizations and individuals
that make payment of salary or income or other banks, financial and credit
institutions where the organizations and individuals sanctioned open their
accounts, within the period of ten (10) days, from the date receiving the
enforcement decision, are responsible for deducting the amount of money that
the organizations and individuals must pay from the deposit account above
mentioned into the State budget via its account opened at the State Treasure.
2. In cases the credit
institution does not implement the retaining the amount of money of the
organizations and individuals enforced in their accounts as prescribed in clause
1 of this Article, that credit institution has to pay instead. The
organizations and individuals enforced are responsible for refunding the amount
of money that the credit institution has paid to the State. In case the balance
in the deposit account is less than the amount of money to be deducted, the
organizations and individuals enforced, in addition to pay the amount of money
that the credit institution on their behalf, will pay the remaining part for
the full amount payable.
3. The competence to make
coercion decision: The following persons are competent to make coercive
decision and have the duties to organize the coercion for the implementation of
their sanctioning decisions and their subordinates:
a) Chief Inspector of Department
of Finance, Chief Inspector of Ministry of Finance
b) Chairman of People's
Committees at all levels
Article 24.
Postponing the compliance of fining decision
1. Individuals subject to a fine
of VND 2,000,000 or more may be postponed to comply with the sanctioning decision
in case of being in a particularly difficult economic situation and having
petition certified by the agency and organization.
2. The time limit for postponing
the fining decision does not exceed three (3) months since there is a
postponing decision.
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Article 25.
Transferring record of violation with criminal signs for penal prosecution
Strictly forbidding to retain
these records of violations with criminal signs for administrative sanction.
In case the sanctioning decision
on administrative violation has been made but later detecting the act of
violation that has criminal signs has not expired for criminal prosecution, the
person who has made sanctioning decision of administrative violation must
cancel that decision and within three (3) days from the date of cancellation of
the sanctioning decisions, transfer the record of the violation to the
competent criminal proceedings agency
The criminal proceedings agency
upon receiving the record of the case is responsible for notifying the handling
result to the agency transferring the record for criminal prosecution.
Chapter 4.
ORGANIZATION FOR
IMPLEMENTATION
Article 26.
This Circular will take effect on February 01, 2012 and supercede the Circular
No. 120/2004/TT-BTC dated December 15, 2004 of the Ministry of Finance on the
guidance of implementation of some Articles of Decree No. 185/2004/ND-CP dated
November 04, 2004 of the Government on Sanction of administrative violation in
the area of accounting.
Article 27.
The Ministries, branches, People’s Committees, Department of Finance,
provincial/municipal Department of taxation directly under the Central
authority are liable to deploy the guidance for the agencies, organizations and
individuals to execute this Circular.
During the course of
implementation, if there is any problem and difficulty arising, promptly report
to the Ministry of Finance for study and settlement
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PP.
MINISTER
DEPUTY MINISTER
Tran Xuan Ha