Decree No. 132/2026/NĐ-CP Amending and Supplementing Certain Provisions of Decree No. 41/2018/NĐ-CP dated March 12, 2018 by the Government on Administrative Sanctions in the Field of Accounting and Independent Auditing

 

 

DECREE

Amending and Supplementing Certain Articles of Decree No. 41/2018/NĐ-CP
dated March 12, 2018, of the Government on Administrative Sanctions in the Field of Accounting and Independent Auditing
Based on the Law on Organization of the Government No. 63/2025/QH15;

 

Based on the Law on Handling Violations of Administrative Offenses No. 15/2012/QH13; Decree No. 67/2020/QH14 amending and supplementing certain provisions of the Law on Handling Violations of Administrative Offenses; Decree No. 88/2025/QH15 amending and supplementing certain provisions of the Law on Handling Violations of Administrative Offenses;

Based on the Law on Accounting No. 88/2015/QH13;

Based on Decree No. 56/2024/QH15 amending and supplementing certain provisions of the Securities Law, Accounting Law, Independent Auditing Law, State Budget Law, Law on Management and Use of State Assets, Tax Law, Individual Income Tax Law, National Reserve Law, and Law on Handling Violations of Administrative Offenses;

Based on the Law on Prevention and Combatting Money Laundering No. 14/2022/QH15;

Based on the Law on Prevention and Combatting Terrorism No. 28/2013/QH13;

In accordance with the proposal of the Minister of Finance;

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 41/2018/NĐ-CP dated March 12, 2018, of the Government on Administrative Sanctions in the Field of Accounting and Independent Auditing.

Article 1. Amend and Supplement Clause 3 of Article 3

“3. The time period for calculating the time limit for administrative sanctions in the field of accounting is as follows:

a) For an administrative offense that has ended, the time limit shall be calculated from the date when the violation ends;

b) For an ongoing administrative offense, the time limit shall be calculated from the date when the violation is discovered;

c) For administrative offenses related to accounting as provided in this Decree, the time period for ending the administrative offense to calculate the time limit for sanctions is:

The date when the organization or individual completes the business process and fulfills the requirements set forth by the law on accounting;

The date when the organization or individual ceases the violation to comply with the provisions of the law on accounting.

d) To determine whether an administrative offense has ended or is being carried out, in addition to the provisions in point c above, the competent authority for handling administrative offenses shall base its determination on the provisions of the law on accounting, records, documents, and specific circumstances of each case.”

Article 2. Amend and Supplement Clauses 2 and 3 of Article 6

“2. The monetary fines provided in Chapter II of this Decree are applicable to organizations except as provided in Paragraphs 1 of Articles 7; 8; 9; 10; 11; 13; 14; 15; 16; 17; 19; Paragraphs 1 and 3 of Article 21; Articles 22; 23; 24; 26; 33; 34; 35a, which are applicable to individuals. For organizations with the same administrative offense, the monetary fine is twice the amount for an individual.

3. The authority to impose penalties provided in Chapter IV of this Decree applies to a single administrative offense by an individual. In cases involving fines, the authority to impose penalties on organizations is twice that of individuals for the same position.”

3. The enforcement authority of the positions specified in Chapter IV of this Decree shall be applicable to an administrative violation committed by an individual. In the case of a fine, the enforcement authority for an organization with respect to such position is twice the enforcement authority for an individual with respect to such position.

Article 3. Supplemental Paragraph 8 and Article 35a of Chapter II

Paragraph 8

VIOLATION OF REGULATIONS ON PREVENTION AND FIGHT AGAINST MONEY LAUNDERING;
PREVENTION AND FIGHT AGAINST TERRORIST FINANCING; PREVENTION AND FIGHT AGAINST THE SPREAD OF WMD WEAPONS IN ACCOUNTING SERVICES
Article 35a. Punishment for Violation of Regulations on Prevention and Fight Against Money Laundering; Prevention and Fight Against Terrorist Financing; Prevention and Fight Against the Spread of WMD Weapons in Accounting Services
1. Punish violations related to customer identification, risk assessment, and customer categorization according to risk level

a) A fine from 10,000,000 VND to 15,000,000 VND for any of the following violations:

i) Failure to identify customers; failure to update or verify customer identification information; or identifying and updating customer identification information in violation of anti-money laundering, terrorist financing prevention, and WMD proliferation prevention laws;

ii) Failure to maintain a blacklist database;

iii) Failure to conduct risk assessments, fail to update the results of such assessments on money laundering, terrorist financing, and WMD proliferation risks according to legal regulations;

iv) Failure to report or disseminate the assessment and updating of money laundering, terrorist financing, and WMD proliferation risks according to legal regulations.

b) A fine from 15,000,000 VND to 20,000,000 VND for failure to establish or implement risk management procedures, fail to categorize customers according to risk level, or establishing such procedures and categorization in violation of anti-money laundering, terrorist financing prevention, and WMD proliferation prevention laws.

2. Punish violations related to internal regulations on preventing money laundering, terrorist financing, and WMD proliferation; regulations on information storage, provision, and confidentiality

a) A fine from 10,000,000 VND to 20,000,000 VND for any of the following violations:

i) Failure to apply or applying internal regulations improperly in conducting internal control and audit according to anti-money laundering, terrorist financing prevention, and WMD proliferation prevention laws;

ii) Failure to implement internal regulations on job assignments or failure to register personnel responsible for anti-money laundering, terrorist financing prevention, and WMD proliferation prevention according to legal regulations;

iii) Failure to apply or applying internal regulations improperly in training, recruitment, and staff development according to anti-money laundering, terrorist financing prevention, and WMD proliferation prevention laws.

b) A fine from 20,000,000 VND to 30,000,000 VND for failure to establish internal regulations or establishing such regulations in violation of anti-money laundering, terrorist financing prevention, and WMD proliferation prevention laws;

c) A fine from 15,000,000 VND to 25,000,000 VND for any of the following violations:

i) Failure to provide timely information, documents, records, and reports according to anti-money laundering, terrorist financing prevention, and WMD proliferation prevention laws without reaching criminal liability;

ii) Failure to store or storing insufficiently complete information, documents, records, and reports; storing such information, documents, records, and reports beyond the prescribed period according to anti-money laundering, terrorist financing prevention, and WMD proliferation prevention laws;

iii) Failure to comply with confidentiality regulations for customer identification information concerning transactions that must be reported according to anti-money laundering, terrorist financing prevention, and WMD proliferation laws.

3. Punish violations related to foreign customers who are politically influential individuals

A fine from 15,000,000 VND to 20,000,000 VND for failure to implement regulations concerning politically influential foreign individual customers according to the Anti-Money Laundering Law.

4. Punish violations related to special transaction monitoring

A fine from 20,000,000 VND to 30,000,000 VND for failure to monitor special transactions according to the Anti-Money Laundering Law.

5. Punish violations related to reporting large-value transactions, suspicious transactions, and reports of suspected terrorist financing or WMD proliferation

a) A fine from 8,000,000 VND to 12,000,000 VND for any of the following violations:

i) Violation of reporting time limits or completeness and accuracy requirements in three consecutive financial years for large-value transaction reports according to anti-money laundering, terrorist financing prevention, and WMD proliferation laws;

ii) Submitting incomplete information reports for suspicious transactions related to money laundering, terrorist financing, and WMD proliferation according to legal regulations.

b) A fine from 15,000,000 VND to 25,000,000 VND for any of the following violations:

i) Failure to report large-value transactions that must be reported;

ii) Failure to report suspicious transactions related to money laundering, terrorist financing, and WMD proliferation.

Failure to report transactions of significant value;

Failure to report suspicious transactions related to money laundering, terrorist financing, or proliferation of weapons of mass destruction;

Failure to report when there is suspicion that a customer or their transaction is related to terrorist financing, proliferation of weapons of mass destruction, or that the customer is listed in lists designated under laws on preventing and combating terrorism, laws on preventing and combating the proliferation of weapons of mass destruction.

6. Sanction for violation of provisions regarding prohibited acts in anti-money laundering and counter-terrorism financing

a) A fine ranging from 15,000,000 to 25,000,000 Vietnamese dong for obstructing the provision of information for anti-money laundering and counter-terrorism financing efforts;

b) A fine ranging from 30,000,000 to 40,000,000 Vietnamese dong for illegally providing cash, checks, or other monetary instruments and effectuating payment on behalf of the beneficiary;

c) A fine ranging from 40,000,000 to 50,000,000 Vietnamese dong for any one of the following violations:

Organizing, participating in, or facilitating, assisting in the commission of money laundering where such conduct has not yet reached a level warranting criminal prosecution;

Establishing and maintaining business relationships with shell banks where such conduct has not yet reached a level warranting criminal prosecution;

Failing to report terrorist financing where such conduct has not yet reached a level warranting criminal prosecution;

Exploiting the suspension of circulation, seizure, sealing, detention, or handling of assets related to terrorist financing to infringe upon the interests of the State, lawful rights and interests of organizations, entities, or individuals where such conduct has not yet reached a level warranting criminal prosecution;

Directly or indirectly providing funds, property, financial resources, economic resources, financial services, or other services to organizations or individuals related to terrorism or terrorist financing where such conduct has not yet reached a level warranting criminal prosecution.

7. Organizations and individuals who violate provisions on anti-money laundering; counter-terrorism financing; and proliferation of weapons of mass destruction in the provision of accounting services that are not specified in this Decree shall be punished in accordance with the provisions of Decree No. 340/2025/NĐ-CP dated December 25, 2025 by the Government on administrative penalties for violations in the field of currency and banking.

Article 4. Amendment and Supplement to Chapter IV

Chapter IV

AUTHORITY TO RECORD AND PENALIZE VIOLATIONS OF ADMINISTRATIVE OFFENSES IN THE FIELD OF ACCOUNTING
Article 69. Authority to record administrative offenses in the field of accounting

Persons authorized to record administrative offense reports in the field of accounting include:

1. Persons authorized to impose penalties for administrative offenses in the field of accounting as specified in this Decree.

2. Civil servants, staff members, and personnel from the People's Army of Vietnam, Public Security Forces who are performing official duties or tasks pursuant to laws or decisions by an authority or person with such authority.

Article 70. Authority to impose penalties for administrative offenses by heads of agencies responsible for state management in specialized fields and certain other positions

1. The Director of the Department of Finance has the authority to impose penalties for administrative offenses in the field of accounting as follows:

a) Warning;

b) A fine up to 40,000,000 Vietnamese dong;

c) Confiscation of contraband items;

d) Suspension or revocation of the right to use an accounting service practice registration certificate, a business license for accounting services with a time limit, or suspension of operations with a time limit;

d) Application of remedial measures as specified in Article 5 of this Decree.

2. The Director of the Department of Accounting and Audit - Ministry of Finance has the authority to impose penalties for administrative offenses in the field of accounting as follows:

a) Warning;

b) A fine up to 50,000,000 Vietnamese dong;

c) Confiscation of contraband items;

d) Suspension or revocation of the right to use an accounting service practice registration certificate, a business license for accounting services with a time limit, or suspension of operations with a time limit;

d) Application of remedial measures as specified in Article 5 of this Decree.

3. The head of the inspection team established by the head of an organization under a ministry or equivalent agency performing state management functions has authority to impose penalties according to paragraph 1 of this article.

The head of the inspection team established by the Minister, head of an equivalent agency has authority to impose penalties according to paragraph 2 of this article.

The head of the inspection team established by the Minister or the head of a departmental agency shall have the enforcement authority as provided in Clause 2 of this Article.

Article 70a. Authority to impose administrative penalties for violations of banking regulations by the People's Bank of Vietnam Inspectorate

1. An inspector from the People's Bank of Vietnam may impose administrative penalties for accounting violations as follows:

a) Warning;

b) Fine up to 5,000,000 Vietnamese dong;

c) Confiscation of goods and means of transport involved in the violation with a value not exceeding two times the fine amount specified in point b of this clause.

2. The head of the inspection team established by the Regional Inspector of the People's Bank of Vietnam may impose administrative penalties for accounting violations as follows:

a) Warning;

b) Fine up to 25,000,000 Vietnamese dong;

c) Confiscation of goods and means of transport involved in the violation;

d) Application of remedial measures specified in Article 5 of this Decree.

3. The Regional Inspector of the People's Bank of Vietnam may impose administrative penalties for accounting violations as follows:

a) Warning;

b) Fine up to 40,000,000 Vietnamese dong;

c) Confiscation of goods involved in the violation;

d) Suspension of the right to use the Certificate of Registration for Accounting Services Practice, the Certificate of Compliance with Conditions for Engaging in Accounting Services Business with a time limit or suspension of operations with a time limit;

d) Application of remedial measures specified in Article 5 of this Decree.

4. The head of the People's Bank of Vietnam Inspectorate and the head of an inspection team established by the head of the People's Bank of Vietnam may:

a) Warning;

b) Fine up to 50,000,000 Vietnamese dong;

c) Confiscation of goods involved in the violation;

d) Suspension of the right to use the Certificate of Registration for Accounting Services Practice, the Certificate of Compliance with Conditions for Engaging in Accounting Services Business with a time limit or suspension of operations with a time limit;

d) Application of remedial measures specified in Article 5 of this Decree.

Article 71. Authority to impose administrative penalties for violations of banking regulations by people's committee chairpersons

1. The chairman of the people's committee at the commune, ward, or special zone has the authority to impose administrative penalties for accounting violations as follows:

a) Warning;

b) Fine up to 25,000,000 Vietnamese dong;

c) Confiscation of goods involved in the violation;

d) Suspension of the right to use the Certificate of Registration for Accounting Services Practice, the Certificate of Compliance with Conditions for Engaging in Accounting Services Business with a time limit or suspension of operations with a time limit;

d) Application of remedial measures specified in Article 5 of this Decree.

2. The chairman of the people's committee at the provincial level or directly under the central government has the authority to impose administrative penalties for accounting violations as follows:

a) Warning;

b) Fine up to 50,000,000 Vietnamese dong;

c) Confiscation of goods involved in the violation;

d) Suspension of the right to use the Certificate of Registration for Accounting Services Practice, the Certificate of Compliance with Conditions for Engaging in Accounting Services Business with a time limit or suspension of operations with a time limit;

d) Application of remedial measures specified in Article 5 of this Decree.

Article 71a. Handling violations on electronic media

The handling of administrative violations as provided for in this Decree on electronic media shall be carried out in accordance with the provisions of Article 18a of the Law on Handling Administrative Violations and Articles 28a, 28b of Decree No. 118/2021/NĐ-CP dated December 23, 2021, of the Government specifying certain articles and measures for implementing the Law on Handling Administrative Violations as amended and supplemented by Decree No. 68/2025/NĐ-CP dated March 18, 2025, of the Government and Decree No. 190/2025/NĐ-CP dated July 1, 2025, of the Government.”.

Article 5. Enforcement

1. This Decree shall take effect from May 21, 2026.

2. In the event that any legal documents referred to for application under this Decree are amended, supplemented, or replaced by new documents, such amendments, supplements, or replacements shall apply.

Article 6. Implementation Responsibility

1. The Minister of Finance shall be responsible for guiding and organizing the implementation of this Decree.

2. The Ministers, Heads of agencies at the same level as ministries, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally-administered cities, and relevant organizations and individuals are responsible for implementing this Decree.