Decree No. 185/2004/ND-CP stipulates administrative sanctions for violations in the field of accounting, applicable to individuals and organizations operating in Vietnam. Violations such as non-compliance with accounting vouchers, accounting books, accounting accounts, and financial statements shall be subject to fines ranging from VND 200,000 to VND 20,000,000, depending on the severity of the violation.
Scope of application
Individuals and organizations operating in Vietnam, including those from abroad operating in Vietnam.
Key points
- Violation of accounting vouchers shall be subject to a fine of VND 200,000 to VND 20,000,000
- Violation of accounting books shall be subject to a fine of VND 200,000 to VND 10,000,000, depending on the severity of the violation
- Violation of accounting accounts shall be subject to a fine of VND 1,000,000 to VND 10,000,000
- Violation of financial reporting and disclosure shall be subject to a fine of VND 5,000,000 to VND 20,000,000, depending on the severity of the violation
- Violation of accounting inspection shall be subject to a fine of VND 5,000,000 to VND 10,000,000
🌐 Social impact of this document
- Citizens and businesses must comply with accounting regulations, facing financial burdens if they violate them.
- However, imposing penalties also helps improve the quality of financial information and reduce tax evasion risks.
- Businesses may face difficulties in managing and organizing their accounting systems due to strict regulations.
❓ Frequently asked questions
What is the fine for violating accounting vouchers?
A fine of VND 200,000 to VND 1,000,000 for acts such as preparing incomplete vouchers, erasing, or altering vouchers.
How are violations of accounting books penalized?
A fine of VND 2,000,000 to VND 10,000,000 for acts such as preparing incomplete books or recording entries contrary to regulations.
How are violations of accounting accounts penalized?
A fine of VND 1,000,000 to VND 5,000,000 for acts such as incorrectly recording transactions.
How are violations of financial reporting penalized?
A fine of VND 5,000,000 to VND 20,000,000 for acts such as preparing and presenting reports contrary to regulations.
What is the statute of limitations for administrative sanctions in the field of accounting?
The statute of limitations for administrative sanctions is two years, calculated from the date the violation occurred. In cases where prosecution or indictment has been initiated, the limitation period is three months.
Full text
DECREE OF THE GOVERNMENT
Regarding administrative penalties for violations in the accounting field
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Based on the Accounting Law dated June 17, 2003;
Based on the Administrative Violation Handling Ordinance dated July 2, 2002;
At the proposal of the Minister of Finance,
DECREE:
PART I
GENERAL PROVISIONS
Article 1. Scope and Applicability
1. This Decree stipulates the imposition of administrative penalties on individuals, agencies, organizations within Vietnam and foreign entities operating in Vietnam (hereinafter referred to collectively as individuals, organizations) who intentionally or negligently violate accounting laws and regulations that do not constitute criminal offenses and must be subject to administrative penalties under this Decree, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.
2. Administrative violations in the accounting field include:
a) Violations of provisions regarding accounting vouchers;
b) Violations of provisions regarding accounting books;
c) Violations of provisions regarding accounting accounts;
d) Violations of provisions regarding financial statements and public disclosure of financial statements;
đ) Violations of provisions regarding accounting inspections;
e) Violations of provisions regarding the preservation and storage of accounting documents;
g) Violations of provisions regarding asset inventory;
h) Violations of provisions regarding the organization of accounting staff, allocation of accounting personnel, or hiring accounting personnel;
i) Violations of provisions regarding the practice of accounting;
k) Violations of provisions regarding the application of accounting standards, accounting systems, and other relevant provisions.
Article 2. Principles for imposing administrative penalties in the accounting field
The principles for imposing administrative penalties in the accounting field are implemented according to Article 3 of the Administrative Violation Handling Ordinance dated July 2, 2002 (hereinafter referred to as the Administrative Violation Handling Ordinance).
Article 3. Statute of Limitations for Administrative Penalties
1. The statute of limitations for administrative penalties in the accounting field is two years, counted from the date the administrative violation was committed.
2. An individual who has been indicted, prosecuted, or had a decision made to bring them to trial under criminal proceedings, but subsequently received a decision to terminate the investigation or terminate the case due to administrative violation signs in the accounting field shall be administratively penalized according to this Decree. In this case, the statute of limitations for administrative penalties is three months, counted from the date the authority responsible for imposing penalties receives the decision to terminate the investigation or terminate the prosecution and the case file of the violation.
3. Within the time limit specified in Clause 1 and Clause 2 of this Article, if an individual or organization commits a new administrative violation in the accounting field or deliberately evades or obstructs the penalty process, the statute of limitations specified in Clause 1 and Clause 2 of this Article will not apply; the statute of limitations for administrative penalties will be recalculated from the date of committing the new administrative violation or the date when the act of evading or obstructing the penalty process ends.
4. If the authority responsible for imposing penalties exceeds the statute of limitations for administrative penalties, they will be handled according to Article 121 of the Administrative Violation Handling Ordinance.
Article 4. Time limit considered as not having been administratively penalized
Individuals and organizations subject to administrative penalties in the accounting field, if more than one year has passed since completing the execution of the penalty decision or since the expiration of the enforcement period of the penalty decision without reoffending, will be considered as not having been administratively penalized in the accounting field.
Article 5. Forms of administrative penalties in the accounting field
1. Each administrative violation in the accounting field, individuals and organizations must bear one of the following main forms of punishment:
a) Warning;
b) A fine ranging from 200,000 VND to 20,000,000 VND.
2. Depending on the nature and severity of the violation, individuals and organizations violating may also be subject to supplementary forms of punishment as provided for in Clause 4, Article 7, Clause 5, Article 8, Clause 2, Article 15 of this Decree.
3. In addition to the forms of punishment prescribed in Clause 1 and Clause 2 of this Article, individuals and organizations violating may also be subject to one or several remedial measures as provided for in Clause 5, Article 7, Clause 6, Article 8, Clause 3, Article 9, Clause 3, Article 10, Clause 3, Article 14, Clause 3, Article 15, Clause 3, Article 16 of this Decree.
4. When imposing a fine, the specific amount of the fine for a single administrative violation is the midpoint of the fine range prescribed in Chapter II of this Decree for that violation; if there are mitigating circumstances, the fine amount may be reduced, but it cannot be reduced below the minimum level of the fine range; if there are aggravating circumstances, the fine amount may be increased, but it cannot exceed the maximum level of the fine range.
Article 6. Mitigating and aggravating circumstances when imposing administrative penalties in the accounting field
1. Mitigating Circumstances:
a) The violator has voluntarily taken action to prevent or reduce the harm caused by the violation or has voluntarily remedied the consequences and compensated for losses.
b) The violator has voluntarily reported the violation and sincerely expressed remorse.
c) The violation occurred under duress or dependency in material or spiritual terms.
d) The violation was due to negligence.
đ) First-time violation.
e) Violation due to extraordinary difficult circumstances not caused by oneself.
2. Aggravating Circumstances:
a) Organized violation;
b) Repeated or recidivist violation.
c) Inciting, enticing, or forcing dependent persons in material or spiritual terms to commit violations.
d) Taking advantage of positions or powers to violate;
đ) Taking advantage of wartime, natural disasters, or other extraordinary difficult social conditions to commit violations.
e) Committing violations during the period of enforcing an administrative penalty decision or a criminal judgment.
g) After committing the violation, engaging in acts to evade or conceal the administrative violation.
Chapter II
VIOLATIONS, FORMS OF PUNISHMENT AND AMOUNTS OF PUNISHMENT
Article 7. Violations of provisions regarding accounting vouchers
1. A fine ranging from 200,000 VND to 1,000,000 VND for one of the following actions:
a) Creating accounting vouchers lacking essential contents as prescribed by accounting laws.
b) Erasing, altering accounting vouchers.
2. A fine ranging from 1,000,000 VND to 5,000,000 VND for one of the following actions:
a) Creating accounting vouchers with insufficient copies as prescribed for each type of accounting voucher.
b) Signing accounting vouchers without recording all required contents within the signer's responsibility.
c) Signing accounting vouchers without authorization or without being authorized to sign.
d) Issuing sales invoices but failing to deliver sales invoices to customers as prescribed.
3. A fine ranging from 5,000,000 VND to 20,000,000 VND for one of the following actions:
a) Falsifying or misrepresenting accounting vouchers.
b) Agreeing or compelling others to falsify or misrepresent accounting vouchers.
c) Creating accounting vouchers with different contents among multiple copies when required to create multiple copies for a single economic or financial transaction.
d) Selling goods or providing services without issuing a sales invoice as prescribed;
đ) Not preparing accounting vouchers when economic or financial transactions occur;
e) Intentionally preparing multiple accounting vouchers for a single economic or financial transaction;
g) Destroying or intentionally damaging accounting vouchers.
4. Additional forms of administrative punishment:
a) Seizing accounting vouchers for violations stipulated in point a, b, clause 3 of this Article;
b) Revoking the right to use the Accounting Practice Certificate for practitioners violating the provisions stipulated in points a, b, c, đ, e, g, clause 3 of this Article.
5. Measures to remedy consequences shall be applied:
a) Compelling the preparation of accounting vouchers for economic or financial transactions that have occurred for violations stipulated in point đ, clause 3 of this Article;
b) Compelling the restoration of accounting vouchers according to actual circumstances and regulations for violations stipulated in points a, b, clause 1, points a, b, c, clause 2, and points c, d, g, clause 3 of this Article;
c) Compelling the cancellation of duplicate accounting vouchers prepared for a single transaction as stipulated in point e, clause 3 of this Article.
Article 8. Violation of regulations on accounting books
1. Imposing a fine from VND 200,000 to VND 2,000,000 for any of the following acts:
a) Preparing accounting books that do not fully comply with prescribed contents such as: failing to record the name of the accounting unit, book name, date, month, year of book preparation; date, month, year of closing the book; lacking required signatures; failing to number pages, failing to stamp across pages in the accounting book;
b) Recording in accounting books that do not fully comply with main prescribed contents;
c) Violating regulations on recording in accounting books such as overlapping entries, skipping lines; failing to cross out unused portions of the accounting book page; failing to perform total summing up when completing a page, failing to carry forward the total sum from the previous page to the next page;
d) Failing to bind individual accounting books for each accounting period and performing legal procedures after printing the book on paper in cases where accounting is conducted on computers;
2. Imposing a fine from VND 2,000,000 to VND 5,000,000 for any of the following acts:
a) Opening accounting books that do not conform to the general principles of one of the prescribed forms of accounting books;
b) Recording in accounting books that do not comply with the prescribed methods of accounting standards and accounting systems;
c) Closing accounting books untimely as prescribed;
d) Correcting errors in accounting books not in accordance with prescribed methods;
3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:
a) Failing to open accounting books at the beginning of the accounting year or from the date of establishment of the accounting unit;
b) Failing to have accounting vouchers to substantiate the information and figures recorded in the accounting books or the figures in the accounting books do not match the accounting vouchers;
c) Information and figures recorded in the accounting books of the current year do not continue from the information and figures recorded in the previous year's accounting books or the accounting books are not continuous from opening to closing;
d) Failing to close accounting books in cases where the law on accounting requires closing the books;
đ) Failing to print accounting books on paper after closing them on a computer;
4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on one of the following acts:
a) Opening accounting books outside the official accounting book system of the unit;
b) Falsifying accounting books;
c) Agreeing or compelling others to falsify accounting books;
d) Intentionally leaving assets of the unit or assets related to the unit out of the accounting books;
đ) Prematurely destroying or intentionally damaging accounting books;
5. Additional forms of punishment:
a) Seizing accounting books for violations stipulated in points a, b, c, clause 4 of this Article;
b) Revoking the right to use the Accounting Practice Certificate for practitioners violating the provisions stipulated in points a, b, c, d, đ, clause 4 of this Article;
6. Applying measures to rectify consequences:
a) Compelling the supplementation of all contents of accounting books for violations stipulated in points a, b, c, clause 1 of this Article;
b) Compelling the restoration or compliance with the correct legal provisions for violations stipulated in point d, clause 1, clauses 2, 3, and points b, c, d, đ, clause 4 of this Article;
Article 9. Violation of regulations on accounting accounts
1. Imposing a fine from VND 1,000,000 to VND 5,000,000 for any of the following acts:
a) Recording not in accordance with the prescribed contents of accounting accounts;
b) Modifying the content or method of recording in accounting accounts issued by the Ministry of Finance or adding accounting accounts in the first-level accounting account system without approval from the Ministry of Finance;
2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:
a) Failing to apply the prescribed accounting account system for the industry and field of activity of the unit;
b) Failing to implement the approved accounting account system;
3. Apply remedial measures:
a) Compelling the correct recording of contents, methods, and accounting account systems for violations stipulated in point a, clause 1 and clause 2 of this Article;
b) Suspending the use of accounting accounts for violations stipulated in point b, clause 1 of this Article;
Article 10. Violation of regulations on financial statements and public disclosure of financial statements
1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:
a) Preparing financial statements that do not fully comply with prescribed contents;
b) Preparing and presenting financial statements that do not comply with prescribed methods; unclear; inconsistent with regulations;
c) Submitting financial statements to competent state agencies late by one to three months beyond the prescribed deadline;
d) Publicly disclosing financial statements that do not fully comply with prescribed contents;
đ) Publicly disclosing financial statements late by one to three months beyond the prescribed deadline;
2. A fine of between 10,000,000 VND and 20,000,000 VND shall be imposed for one of the following acts:
a) Submitting financial statements to competent state agencies late by more than three months beyond the prescribed deadline;
b) Preparing financial statements that do not correspond to figures on accounting books and accounting vouchers;
c) Falsifying financial statements, misstating figures on financial statements;
d) Agreeing or compelling others to falsify financial statements, misstate figures on financial statements;
đ) Intentionally agreeing or compelling others to provide, confirm false accounting information and figures;
e) Publicly disclosing financial statements late by more than three months beyond the prescribed deadline;
g) Disclosing false information and figures in publicly disclosed financial statements;
3. Applying measures to rectify consequences: compelling compliance with legal provisions on accounting for violations stipulated in clauses 1 and 2 of this Article;
Article 11. Violation of regulations on accounting inspection
Imposing a fine from VND 5,000,000 to VND 10,000,000 for any of the following acts:
a) Failing to comply with the decision on accounting inspection by the competent authority;
b) Obstructing the work of the accounting inspection team.
c) Failing to provide or providing incomplete accounting documents related to the inspection content to the inspection team;
d) Failing to implement or implementing incompletely the conclusions of the inspection team;
đ) For three consecutive years, failing to conduct accounting inspections on subordinate accounting units;
Article 12. Violating regulations on the preservation and storage of accounting documents
1. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for any of the following acts:
a) Delaying the archiving of accounting documents beyond twelve months from the prescribed deadline;
b) Storing accounting documents incompletely as required;
c) Safeguarding accounting documents unsafely, resulting in damage or loss of documents during the storage period.
2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:
a) Using accounting documents within the storage period not in accordance with regulations;
b) Failing to carry out procedures to recover lost or destroyed accounting documents;
||| 3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for any of the following acts:
a) Destroying accounting documents before the end of their prescribed storage period;
b) Destroying accounting documents without establishing a destruction committee, not following the prescribed destruction methods, and not preparing a destruction record as required.
Article 13. Violating regulations on asset inventory
1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:
a) Failing to prepare a consolidated report on the results of the inventory as required;
b) Failing to determine the reasons for discrepancies; failing to reflect the discrepancies and the results of handling discrepancies between actual inventory figures and accounting records into the accounting books.
2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of failing to conduct an asset inventory at the end of the accounting year or failing to conduct an asset inventory in other cases as required.
3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of falsifying or misrepresenting the results of an asset inventory.
Article 14. Violating regulations on the organization of accounting staff, allocation of accounting personnel, or hiring accounting personnel
1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:
a) Failing to organize an accounting department; failing to allocate accounting personnel or hire organizations or individuals engaged in accounting services to perform accounting work as required;
b) Allocating personnel to perform accounting work who are prohibited from doing so by law;
c) Allocating personnel to perform accounting work who do not meet the required standards and conditions;
d) Hiring organizations or individuals who do not meet the required standards and conditions for practicing accounting or who have not registered their business operations as required, to provide accounting services to the unit.
2. A fine of between 10,000,000 VND and 20,000,000 VND shall be imposed for one of the following acts:
a) The person responsible for managing and operating the accounting unit concurrently performing accounting, warehouse management, treasury management, or buying and selling assets except for private enterprises and individual business households;
b) Allocating an accounting manager who does not meet the required standards and conditions;
c) Hiring an accounting manager who does not meet the required standards and conditions.
3. Applying measures to rectify consequences:
a) Compelling the establishment of an accounting department; allocating accounting personnel or hiring organizations or individuals engaged in accounting services to perform accounting work for violations stipulated in point a, Clause 1, Article of this Decree;
b) Compelling the transfer and allocation or hiring of personnel to perform accounting or accounting manager positions to replace those violating the provisions stipulated in points b, c, d, Clause 1, and points a, b, c, Clause 2, Article of this Decree.
Article 15. Violating regulations on practicing accounting
1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:
a) Organizations or individuals practicing accounting but not registering to operate accounting service businesses;
b) The legal representative of an enterprise engaged in accounting service business not having an Accounting Practice Certificate;
c) Enterprises or individuals practicing accounting not meeting the required conditions for operation but still providing accounting services;
d) Individuals practicing accounting without an Accounting Practice Certificate;
đ) Hiring individuals without an Accounting Practice Certificate to perform accounting work or without an Accounting Manager Training Certificate to perform accounting manager work;
e) Accepting employment as an accountant when being the father, mother, wife, husband, child, brother, sister, or half-sibling of the person responsible for managing and operating the accounting unit, including the Accounting Manager, or accepting employment under economic or financial relationships, lacking professional qualifications, or accepting employment when the accounting unit requests actions contrary to professional ethics and accounting expertise;
g) Renting or lending an Accounting Practice Certificate.
2. Additional forms of punishment:
Revoking the right to use an Accounting Practice Certificate for violations stipulated in point e, g, Clause 1, Article of this Decree if committed intentionally.
3. Apply remedial measures:
a) Compelling registration to operate accounting service businesses for violations stipulated in point a, Clause 1, Article of this Decree;
b) Compelling cessation of accounting practice for violations stipulated in points b, c, d, e, g, Clause 1, Article of this Decree;
c) Compelling termination of contracts for employment as an accountant or accounting manager for violations stipulated in point đ, Clause 1, Article of this Decree.
Article 16. Violating regulations on the application of accounting standards, accounting systems, and other regulations
1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:
a) Failing to register or notify the accounting system applied at the unit within the prescribed time limit for cases requiring registration or notification to the competent state agency;
b) Applying incorrectly the regulations on writing; numerals; monetary units or accounting periods.
2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for the act of allowing another entity to use the unit's bank deposit account or National Treasury deposit account to receive money and transfer funds for financial management and capital usage activities that violate financial management and budgetary regulations.
3. Apply remedial measures:
a) Compelling the registration of the applied accounting system for violations stipulated in point a, Clause 1, Article of this Decree;
b) Compelling compliance with the regulations for violations stipulated in point b, Clause 1, and Clause 2, Article of this Decree.
Article 17. Acts of violation in the field of accounting leading to tax evasion
1. Administrative violations in the field of accounting stipulated from Article 7 to Article 16 of this Decree, in addition to administrative penalties for accounting violations as stipulated in Articles 7 to 16 above, if the violation leads to tax evasion, it shall also be penalized according to the Government's Decree on administrative penalties in the field of taxation.
2. When considering that administrative violations in the field of accounting lead to tax evasion, the authority imposing administrative penalties must immediately transfer the case file to the tax authority at the same level for handling administrative violations in the field of taxation after imposing administrative penalties for accounting violations.
Chapter III
AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE PENALTIES
Article 18. Authority to impose penalties of Financial Inspection
1. Financial Inspectors at all levels while performing their duties have the right:
a) To issue warnings;
b) To impose a fine of VND 200,000;
c) apply the measures to remedy consequences prescribed in Clause 3, Article 5 of this Decree.
2. The Director of the Department of Finance's Inspectorate has the authority:
a) To issue warnings;
b) To impose fines up to VND 20,000,000;
c) To apply supplementary forms of administrative sanctions and measures to remedy consequences prescribed in Clause 2 and Clause 3, Article 5 of this Decree.
3. The Director of the Ministry of Finance's Inspectorate has the authority:
a) To issue warnings;
b) To impose fines up to VND 20,000,000;
c) To apply supplementary forms of administrative sanctions and measures to remedy consequences prescribed in Clause 2 and Clause 3, Article 5 of this Decree.
Article 19. Administrative penalty authority of people's committees at all levels
1. The Chairman of the People's Committee of communes, towns, wards (collectively referred to as commune level) has the authority:
a) To issue warnings;
b) Impose a fine up to 500,000 VND;
c) To apply the measures to remedy consequences prescribed in Clause 3, Article 5 of this Decree.
2. The Chairman of the People's Committee of districts, towns, cities under provinces (collectively referred to as district level) has the authority:
a) To issue warnings;
b) To impose fines up to VND 20,000,000;
c) To apply supplementary forms of administrative sanctions and measures to remedy consequences prescribed in Clause 2 and Clause 3, Article 5 of this Decree.
3. The Chairman of the People's Committee of provinces, centrally governed cities (collectively referred to as provincial level) has the authority:
a) To issue warnings;
b) To impose fines up to VND 20,000,000;
c) apply supplementary forms of administrative sanctions and measures to remedy consequences prescribed in Clause 2 and Clause 3, Article 5 of this Decree.
Article 20. delegation of administrative penalty authority for violations in the accounting field
In cases where those authorized to impose administrative penalties as prescribed in Clause 2, Clause 3, Article 18, Clause 1, Clause 2, Clause 3, Article 19 of this Decree are absent, the deputy authorized shall have the authority to impose administrative penalties according to the authority of the person delegating and shall be responsible for their decisions.
Article 21. Determination of administrative penalty authority for violations in the accounting field
1. The Chairmen of the People's Committees at commune, district, and provincial levels have the authority to impose administrative penalties for violations in the accounting field within their respective localities.
Financial inspection agencies at all levels have the authority to impose administrative penalties for violations in the accounting field under their management.
In cases where an administrative violation in the accounting field falls under the authority of multiple persons to impose penalties, the administrative penalty shall be carried out by the first person to handle the case.
2. The authority to impose administrative penalties as stipulated in Article 18 and Article 19 of this Decree applies to a single act of administrative violation in the accounting field.
3. In cases where an individual or organization commits multiple acts of administrative violation and is penalized, the authority to impose penalties shall be implemented in accordance with Clause 3, Article 42 of the Administrative Violations Handling Ordinance.
Article 22. Time limit for enforcement of administrative penalty decisions
The time limit for enforcing administrative penalty decisions in the accounting field is one year, counted from the date of issuance of the penalty decision; if the decision is not enforced beyond this period, it will no longer be enforced, but the measures to remedy consequences recorded in the decision shall still be applied. If the individual or organization being penalized intentionally evades or delays, the aforementioned time limit shall be recalculated from the point when such evasion or delay ceases.
Article 23. Procedures for imposing administrative penalties in the accounting field
1. When discovering an act of administrative violation in the accounting field, the person authorized to impose penalties must immediately decide to stop the act of administrative violation.
2. The procedures for imposing administrative penalties in the accounting field shall be carried out in accordance with the provisions of Chapter IV of Decree No. 134/2003/NĐ-CP dated November 14, 2003, of the Government detailing certain provisions of the Administrative Violations Handling Ordinance.
Article 24. Compulsory enforcement of administrative penalty decisions
The compulsory enforcement of administrative penalty decisions in the accounting field shall be carried out in accordance with the provisions of Article 66 of the Administrative Violations Handling Ordinance.
Article 25. Transfer of administrative violation files in the accounting field for criminal prosecution
When considering that an act of administrative violation in the accounting field indicates a crime, the person authorized to impose administrative penalties must immediately transfer the file to the competent state agency for criminal proceedings to resolve the matter.
Chapter IV
PETITIONING, REPORTING, REWARDING AND HANDLING VIOLATIONS
Article 26. Petitioning and Reporting
1. Individuals and organizations subject to administrative penalties in the accounting field or their legal representatives have the right to appeal against the administrative penalty decision, the decision on applying preventive measures and ensuring the handling of administrative violations.
2. Citizens have the right to report illegal acts in the handling of administrative violations.
3. Competence, procedures, and deadlines for handling complaints and denunciations shall be implemented in accordance with the law on complaints and denunciations.
Article 27. Administrative litigation
The filing of lawsuits against administrative penalty decisions, decisions on applying preventive measures and ensuring the handling of administrative violations shall be carried out in accordance with the provisions of the law on procedures for resolving administrative cases.
Article 28. Awards
Individuals and organizations that have achievements in combating and preventing administrative violations in the accounting field shall be rewarded in accordance with the provisions of the law.
Article 29. Handling Violations
1. An individual subject to administrative penalties who resists public officials, delays, or evades compliance with the decision of the person authorized to impose penalties may, depending on the nature and degree of violation, be subject to administrative penalties or criminal prosecution; if damage is caused, they must compensate in accordance with the law.
2. A person authorized to handle administrative violations who harasses, tolerates, shields, fails to handle, handles untimely, improperly, exceeds their authority, or makes mistakes leading to the expiration of the time limit or deadline for handling administrative violations in the accounting field shall, depending on the nature and degree of violation, be subject to disciplinary action or criminal prosecution; if damage is caused, they must compensate in accordance with the law.
Chapter V
IMPLEMENTING PROVISIONS
Article 30. Implementation Provisions
1. This Decree takes effect 15 days after its publication in the Official Gazette and replaces Decree No. 49/1999/NĐ-CP dated July 8, 1999, of the Government on administrative penalties for violations in the accounting field.
2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial-level People's Committees, and Chairmen of centrally governed city People's Committees are responsible for organizing the implementation of this Decree.
3. The Minister of Finance is responsible for guiding the implementation of this Decree./.
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