Decree No. 228/2025/NĐ-CP on administrative penalties for violations in the field of independent auditing

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 228/2025/NĐ-CP	Hanoi, August 18, 2025

 

DECREE

REGULATIONS ON ADMINISTRATIVE PENALTIES FOR VIOLATIONS IN THE FIELD OF INDEPENDENT AUDITING

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Handling Administrative Violations No. 15/2012/QH13; the Law Amending and Supplementing the Law on Handling Administrative Violations No. 67/2020/QH14; the Law Amending and Supplementing the Law on Handling Administrative Violations No. 88/2025/QH15;

Pursuant to the Law on Independent Auditing No. 67/2011/QH12;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Securities Law, the Accounting Law, the Law on Independent Auditing, the State Budget Law, the Law on Management and Use of Public Assets, the Tax Administration Law, the Personal Income Tax Law, the National Reserve Law, and the Law on Handling Administrative Violations No. 54/2024/QH15;

At the proposal of the Minister of Finance;

The Government promulgates this Decree prescribing administrative penalties for violations in the field of independent auditing.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates acts of administrative violation, time limit for imposing penalties, forms of penalty, levels of penalty, measures to remedy consequences, authority to issue administrative violation records, and authority to impose administrative penalties in the field of independent auditing.

Article 2. Applicability

1. Individuals and organizations within Vietnam and foreign individuals and organizations (hereinafter referred to as individuals and organizations) commit acts of administrative violation in the field of independent auditing.

2. Organizations subject to administrative penalties under this Decree include:

a) Audit firms, branches of foreign audit firms in Vietnam;

b) Enterprises established and operating under Vietnamese law; branches, representative offices of enterprises; foreign audit firms; branches, representative offices of foreign enterprises operating in Vietnam;

c) Professional organizations related to auditing; training institutions related to auditing.

3. Individuals with the authority to issue administrative violation records, impose administrative penalties, and other relevant organizations and individuals.

Time Limit for Administrative Penalties

1. The statute of limitations for administrative penalties in the field of independent auditing is five years.

2. The starting point for calculating the statute of limitations for administrative penalties in the field of independent auditing is as follows:

a) For ongoing acts of administrative violation in the field of auditing, the statute of limitations begins from the date when the competent authority discovers the violation;

b) For completed acts of administrative violation, the statute of limitations begins from the date the violation ends.

Article 4. Forms of Administrative Penalties

1. Principal forms of penalties:

For each act of administrative violation in the field of independent auditing, the violator must bear one of the following principal forms of penalty:

a) Warning;

b) Fine.

2. Supplementary forms of penalties:

Depending on the nature and degree of the violation, organizations and individuals committing acts of administrative violation in the field of independent auditing may also be subject to the following supplementary forms of penalty:

a) Revocation of the Certificate of Registration for Practice in Auditing for a period of one month to twenty-four months;

b) Revocation of the Certificate of Eligibility for Operating Auditing Services or suspension of auditing services operation for a period of one month to twenty-four months;

c) Confiscation of property and means used in the commission of administrative violations (hereinafter collectively referred to as confiscated property and means).

3. Determination of aggravating circumstances, mitigating circumstances, and specific monetary fines for each act of administrative violation in the field of independent auditing shall be carried out in accordance with the provisions of the Law on Handling Administrative Violations and the Circular detailing certain provisions and enforcement measures of the Law on Handling Administrative Violations.

4. In cases where individuals and organizations repeatedly violate the acts of administrative violation prescribed in this Decree, aggravating circumstances for repeated administrative violations shall be applied.

5. Organizations and individuals committing acts of administrative violation in the field of independent auditing shall, depending on the nature and degree of the violation, be subject to all forms of penalties and remedial measures prescribed for the violation, comply with appropriate state management measures according to the Law on Independent Auditing, and be criminally prosecuted according to the Penal Code.

Article 5. Measures to remedy consequences

1. Individuals and organizations violating administrative regulations in the field of independent auditing, in addition to being subject to the forms of punishment prescribed in Article 4 of this Decree, shall also be subject to the following measures to remedy consequences:

a) Compelling them to purchase professional liability insurance or establish a risk reserve fund in accordance with the laws on independent auditing;

b) Compelling them to establish and operate an internal control system;

c) Compelling them to set up an electronic information website; correct false or misleading information, publish and update complete information;

d) Compelling them to return the illegal profits obtained from committing administrative violations to the state budget;

đ) Compelling them to return the Certified Public Accountant Certificate, Registration Certificate for Auditing Practice, Certificate of Eligibility for Operating Auditing Services Business, Certificate of Eligibility for Operating Cross-border Auditing Services Business in Vietnam that were forged to the competent authority issuing such certificates;

e) Compelling them to return the Certified Public Accountant Certificate, Registration Certificate for Auditing Practice, Certificate of Eligibility for Operating Auditing Services Business, Certificate of Eligibility for Operating Cross-border Auditing Services Business in Vietnam that have been issued or altered by erasure or modification to change their contents to the competent authority issuing such certificates;

g) Compelling them to return fraudulent, forged, inaccurately declared, altered, erased documents that have distorted or changed their contents to the competent authority for obtaining the Certified Public Accountant Certificate, Registration Certificate for Auditing Practice, Certificate of Eligibility for Operating Auditing Services Business, Certificate of Eligibility for Operating Cross-border Auditing Services Business in Vietnam; approving the organization to update knowledge for auditors; approving audits for entities with public interest, registering to provide cross-border auditing services;

h) Compelling them to return the Registration Certificate for Auditing Practice, Certificate of Eligibility for Operating Auditing Services Business, Certificate of Eligibility for Operating Cross-border Auditing Services Business in Vietnam that have expired, lost validity, or been revoked to the competent authority issuing such certificates;

i) Compelling them to go through the procedures to adjust or reissue the Certificate of Eligibility for Operating Auditing Services Business;

k) Compelling them to return the Registration Certificate for Auditing Practice, Certificate of Eligibility for Operating Auditing Services Business to the Ministry of Finance as prescribed;

l) Compelling them to form a joint venture with a business entity eligible to operate auditing services when providing cross-border auditing services in Vietnam;

m) Compelling them to submit reports, explanations, and provide full information and documents; compelling them to submit supplementary reports, explanations, and information and documents as prescribed;

n) Compelling them to comply with Vietnamese auditing standards and Vietnamese accounting and auditing ethical standards;

o) Compelling them to revoke the Certificate of Participation in Continuing Professional Education for trainees who did not participate in continuing professional education;

p) Compelling them to issue the Certificate of Participation in Continuing Professional Education for trainees and auditors who participated in teaching continuing professional education classes after each class;

q) Compelling them to go through the procedures to remove the business activity of operating auditing services when they are not granted the Certificate of Eligibility for Operating Auditing Services Business as prescribed;

r) Compelling them to enter into audit contracts in accordance with the provisions;

s) Compelling them not to register for auditing practice for auditors during a period of one month to twenty-four months;

2. The implementation of measures to remedy consequences shall be carried out in accordance with the Law on Handling Administrative Violations and the Decree detailing certain provisions and measures to implement the Law on Handling Administrative Violations;

a) For the measures to remedy consequences stipulated in this Decree, individuals and organizations violating administrative regulations shall be responsible for coordinating with related organizations and individuals (if any) to implement the measures to remedy consequences recorded in the Decision on Punishment and shall bear all costs for implementing these measures;

b) Individuals and organizations violating administrative regulations must promptly implement the measures to remedy consequences and report the results of implementing these measures to the competent authority issuing the Decision on Punishment within ten working days from the date of signing the Decision on Punishment.

Article 6. Amount of fines in the field of independent auditing

1. The maximum amount of fine for a single administrative violation in the field of independent auditing is 1,000,000,000 VND for individuals and 2,000,000,000 VND for organizations.

2. The amount of fine prescribed in Chapter II of this Decree applies to organizations except in cases specified in Clause 2 of Article 7; Clause 1, Clause 3 of Article 9; Clause 2, Clause 3, Clause 4, Clause 5 of Article 10; Clause 1 of Article 18; Clause 1, Clause 2, Clause 4 of Article 21; Point h Clause 1, Clause 2 of Article 22; Article 36; Clause 1, Clause 2, Clause 3, Clause 4 of Article 38, which are fines applicable to individuals.

3. For organizations committing the same violation, the amount of fine is twice the amount of fine for individuals.

Chapter II

FORMS OF ADMINISTRATIVE SANCTIONS AND AMOUNTS OF FINES IN THE FIELD OF INDEPENDENT AUDITING

Section 1. VIOLATIONS OF REGULATIONS ON EXAMINATION FOR CERTIFICATES AND UPDATING KNOWLEDGE FOR AUDITORS

Article 7. Administrative sanctions for violations of regulations on examination application files for Auditor Certificates

1. A fine from 20,000,000 VND to 40,000,000 VND shall be imposed on the act of confirming inaccurately about documents in the application file to meet the conditions for taking the Auditor Certificate examination.

2. A fine from 40,000,000 VND to 60,000,000 VND shall be imposed on the act of declaring inaccurately actual information, modifying, forging about degrees, certificates, and other documents in the application file to meet the conditions for taking the Auditor Certificate examination without reaching the level of criminal responsibility as stipulated by Penal Code.

3. Additional forms of punishment:

Seizure of contraband, means of administrative violation for acts prescribed in Clause 2 of this Article.

4. Measures to remedy consequences:

a) Compel the return of illegal profits obtained through the implementation of the violation prescribed in Clause 2 of this Article to the state budget;

b) Compel the return of degrees, certificates, and other modified, forged documents to the authority that issued the Auditor Certificate due to the implementation of the violation prescribed in Clause 2 of this Article.

Article 8. Administrative sanctions for violations of regulations on updating knowledge for auditors

1. Warning shall be imposed on organizations meeting the conditions to organize classes to update knowledge for practicing auditors and those registering to practice auditing according to the Ministry of Finance's regulations when implementing one of the following acts:

a) Not monitoring, taking attendance of participants in the knowledge update class;

b) Not collecting feedback from participants on the quality of the knowledge update class on the Evaluation Form;

c) Not issuing a Certificate of Participation in Knowledge Update to participants and a Confirmation Certificate to lecturers after each class;

d) Not issuing a Certificate of Participation in Knowledge Update to participants and a Confirmation Certificate to lecturers after each class.

2. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed on organizations meeting the conditions to organize classes to update knowledge for practicing auditors and those registering to practice auditing according to the Ministry of Finance's regulations when implementing one of the following acts:

a) Organizing knowledge updates for auditors not in accordance with the content and program registered with the Ministry of Finance;

b) Submitting the Report on the Results of the Knowledge Update Class to the Ministry of Finance after each class later than the prescribed deadline;

c) Notifying the Ministry of Finance about the content, program, time, location of the class, details about lecturers, number of practicing auditors registered to attend before organizing the class later than the prescribed deadline; or notifying the Ministry of Finance of changes in these contents later than the prescribed deadline;

d) Submitting the Comprehensive Report on the Results of the Knowledge Update Class later than the prescribed deadline;

đ) Declaring inaccurately, forging documents to meet the conditions to organize knowledge updates for auditors without reaching the level of criminal responsibility as stipulated by the Penal Code;

e) Not retaining complete records on organizing knowledge updates for auditors as prescribed;

g) Publishing information as prescribed by the Ministry of Finance on the unit's website later than the prescribed deadline.

3. A fine from 10,000,000 VND to 20,000,000 VND shall be imposed on organizations meeting the conditions to organize classes to update knowledge for practicing auditors and those registering to practice auditing according to the Ministry of Finance's regulations when implementing one of the following acts:

a) Not submitting the Report on the Results of the Knowledge Update Class to the Ministry of Finance after each class;

b) Not notifying the Ministry of Finance about the content, program, time, location of the class, details about lecturers, number of practicing auditors registered to attend before organizing the class; or not notifying the Ministry of Finance of changes in these contents as prescribed;

c) Not submitting the Comprehensive Report on the Results of the Knowledge Update Class;

d) Implementing knowledge updates to count hours of knowledge update for practicing auditors and those registering to practice auditing without meeting the conditions as prescribed by the Ministry of Finance;

đ) Reporting inaccurately the number of participants in the knowledge update class or reporting inaccurately the number of hours of knowledge update for auditors;

e) Not organizing a class but reporting that a class was organized;

g) Issuing a Certificate of Participation in Knowledge Update to participants who did not actually attend the knowledge update class;

h) Not publishing information as prescribed by the Ministry of Finance on the unit's website.

4. Additional forms of administrative punishment:

Seizure of contraband, means of administrative violation for acts prescribed in Point đ Clause 2 of this Article.

5. Measures to remedy consequences:

a) Compel the return of illegal profits obtained through the implementation of the violation prescribed in Point đ Clause 2, Point d, Point e, Point g Clause 3 of this Article to the state budget;

b) Compel the recovery of the Certificate of Participation in Knowledge Update issued to participants who did not actually attend the knowledge update class due to the implementation of the violation prescribed in Point g Clause 3 of this Article;

c) Compel the issuance of a Certificate of Participation in Continuing Education to learners and auditors who participate in teaching continuing education classes after each class due to the violation of the provisions set forth in point c, Clause 1, Article of this Law;

d) Compel the return of fraudulent and forged documents to the competent authority to meet the conditions for organizing continuing education for auditors due to the violation of the provisions set forth in point d, Clause 2, Article of this Law.

Section 2. VIOLATIONS OF THE REGULATIONS ON PROFESSIONAL REGISTRATION FOR AUDITORS

Article 9. Penalties for violations of regulations on the management and use of Auditor Certificates

1. Imposing a fine of from VND 10,000,000 to VND 20,000,000 on individuals who commit any of the following acts:

a) Erasing, altering the content of the Auditor Certificate;

b) Renting, lending, or allowing other organizations or individuals outside their current workplace to use their Auditor Certificate to register for auditing practice; or

c) Registering for auditing practice at a unit where they do not actually work according to their full-time labor contract.

2. Imposing a fine of from VND 30,000,000 to VND 40,000,000 on enterprises that commit the act of renting, lending, or using the Auditor Certificate of individuals who do not work or do not work full-time at their unit to register for auditing practice.

3. Imposing a fine of from VND 40,000,000 to VND 60,000,000 on the act of forging an Auditor Certificate without reaching the level of criminal liability under the Penal Code.

4. Additional forms of administrative punishment:

a) Confiscating the objects and means of administrative violations for the acts stipulated in point a, Clause 1, and Clause 3 of this Article;

b) Revoking the right to use the Certificate of Registration for Auditing Practice for a period of from 12 months to 24 months from the date the penalty decision takes effect for auditors practicing who commit violations stipulated in point b, Clause 1 of this Article.

5. Measures to remedy consequences:

a) Compelling the surrender of illegal profits obtained through the acts of violation stipulated in point b, point c, Clause 1, and Clause 3 of this Article to the state budget;

b) Compelling the surrender of forged, erased, or altered Auditor Certificates to the issuing authority or person with the authority to issue the Auditor Certificate due to the violation of the provisions stipulated in point a, Clause 1, and Clause 3 of this Article;

c) Compelling the surrender of the Certificate of Registration for Auditing Practice to the issuing authority or person with the authority to issue the Certificate due to the violation of the provisions stipulated in point b, point c, Clause 1, and Clause 2 of this Article.

Article 10. Penalties for violations of regulations on the registration dossier for auditing practice

1. Imposing a fine of from VND 30,000,000 to VND 40,000,000 on the act of confirming false information and documents in the registration dossier to meet the conditions for obtaining the Certificate of Registration for Auditing Practice.

2. Imposing a fine of from VND 40,000,000 to VND 60,000,000 on the act of declaring false information in the registration dossier to meet the conditions for obtaining the Certificate of Registration for Auditing Practice.

3. Imposing a fine of from VND 80,000,000 to VND 100,000,000 on the act of forging documents in the registration dossier to meet the conditions for obtaining the Certificate of Registration for Auditing Practice without reaching the level of criminal liability under the provisions of Penal Code.

4. Imposing a fine of from VND 200,000,000 to VND 250,000,000 on the second offense, including repeated offenses, of forging documents in the registration dossier to meet the conditions for obtaining the Certificate of Registration for Auditing Practice without reaching the level of criminal liability under the provisions of Penal Code.

5. Imposing a fine of from VND 400,000,000 to VND 500,000,000 on offenses from the third time onwards, including repeated offenses, of forging documents in the registration dossier to meet the conditions for obtaining the Certificate of Registration for Auditing Practice without reaching the level of criminal liability under the provisions of Penal Code.

6. Additional forms of punishment:

Confiscating the objects and means of administrative violations for the acts stipulated in Clause 2, Clause 3, Clause 4, and Clause 5 of this Article.

7. Measures to remedy consequences:

Compelling the surrender of the Certificate of Registration for Auditing Practice and the false, fraudulent documents declared in the registration dossier to meet the conditions for obtaining the Certificate of Registration for Auditing Practice to the issuing authority or person with the authority to issue the Certificate due to the violation of the provisions stipulated in Clause 2, Clause 3, Clause 4, and Clause 5 of this Article.

Article 11. Sanctions for violations concerning the management and use of the Certificate of Registration for Auditing Practice

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of returning the Certificate of Registration for Auditing Practice to the Ministry of Finance later than the prescribed deadline.

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on the act of failing to return the Certificate of Registration for Auditing Practice to the Ministry of Finance as prescribed.

3. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed on the act of using the expired or invalid Certificate of Registration for Auditing Practice to perform independent auditing and accounting services.

4. Measures to remedy consequences:

a) Compel the violator to pay the unlawful profit obtained through the act stipulated in Clause 3 of this Article into the State budget;

b) Compel the violator to return the Certificate of Registration for Auditing Practice to the competent authority that issued the certificate due to the acts stipulated in Clauses 2 and 3 of this Article.

Section 3. VIOLATIONS OF THE PROVISIONS ON CONDITIONS FOR OPERATING AUDITING SERVICES

Article 12. Sanctions for violations concerning the application dossier for obtaining the Certificate of Eligibility for Operating Auditing Services

1. A fine of from VND 20,000,000 to VND 40,000,000 shall be imposed on the act of certifying false documents in the application dossier to meet the eligibility criteria for obtaining the Certificate of Eligibility for Operating Auditing Services.

2. A fine of from VND 40,000,000 to VND 60,000,000 shall be imposed on the act of declaring false information in the application dossier to meet the eligibility criteria for obtaining the Certificate of Eligibility for Operating Auditing Services.

3. A fine of from VND 150,000,000 to VND 200,000,000 shall be imposed on the act of fraudulently falsifying the application dossier to meet the eligibility criteria for obtaining the Certificate of Eligibility for Operating Auditing Services without reaching the level of criminal prosecution as prescribed. Penal Code.

4. A fine of from VND 300,000,000 to VND 400,000,000 shall be imposed on the second offense, including repeated offenses, of fraudulently falsifying the application dossier to meet the eligibility criteria for obtaining the Certificate of Eligibility for Operating Auditing Services without reaching the level of criminal prosecution as prescribed. Penal Code.

5. A fine of from VND 600,000,000 to VND 800,000,000 shall be imposed on the third offense and subsequent offenses, including repeated offenses, of fraudulently falsifying the application dossier to meet the eligibility criteria for obtaining the Certificate of Eligibility for Operating Auditing Services without reaching the level of criminal prosecution as prescribed. Penal Code.

6. Additional forms of punishment:

Confiscating the objects and means of administrative violations for the acts stipulated in Clause 2, Clause 3, Clause 4, and Clause 5 of this Article.

7. Measures to remedy consequences:

a) Compel the violator to pay the unlawful profit obtained through the acts stipulated in Clauses 2, 3, 4, and 5 of this Article into the State budget;

b) Compel the violator to return the Certificate of Eligibility for Operating Auditing Services and the false declarations and fraudulent documents in the application dossier to the competent authority that issued the certificate due to the violation of the provisions stipulated in Clauses 2, 3, 4, and 5 of this Article.

Article 13. Sanctions for violations concerning the management and use of the Certificate of Eligibility for Operating Auditing Services

1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on enterprises committing any of the following acts:

a) Returning the Certificate of Eligibility for Operating Auditing Services to the Ministry of Finance later than the prescribed deadline when it is revoked;

b) Applying for a replacement of the Certificate of Eligibility for Operating Auditing Services later than the prescribed deadline.

2. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on enterprises committing any of the following acts:

a) Failing to return the Certificate of Eligibility for Operating Auditing Services to the Ministry of Finance when it is revoked;

b) Altering, erasing, or changing the content of the Certificate of Eligibility for Operating Auditing Services;

c) Lending or renting out the Certificate of Eligibility for Operating Auditing Services;

d) Failing to apply for adjustments to the Certificate of Eligibility for Operating Auditing Services when there are changes requiring adjustment as prescribed;

đ) Failing to apply for a replacement of the Certificate of Eligibility for Operating Auditing Services as prescribed.

3. A fine of from VND 150,000,000 to VND 200,000,000 shall be imposed on the act of forging the Certificate of Eligibility for Operating Auditing Services without reaching the level of criminal prosecution as prescribed. Penal Code.

4. A fine of from VND 400,000,000 to VND 500,000,000 shall be imposed on the second offense, including repeated offenses, of forging the Certificate of Eligibility for Operating Auditing Services without reaching the level of criminal prosecution as prescribed. Penal Code.

5. A fine of from VND 800,000,000 to VND 1,000,000,000 shall be imposed on the third offense and subsequent offenses, including repeated offenses, of forging the Certificate of Eligibility for Operating Auditing Services without reaching the level of criminal prosecution as prescribed. Penal Code.

6. Additional forms of punishment:

a) Confiscate the evidence of violation for the acts stipulated in point b Clause 2, Clauses 3, 4, and 5 of this Article;

b) Suspend the operation of auditing services for a period of from one month to three months from the date the penalty decision takes effect for auditing enterprises committing the violation stipulated in Clause 3 of this Article (if the time of discovery of the violation, the auditing enterprise has been granted the Certificate of Eligibility for Operating Auditing Services and meets the conditions for operating auditing services);

c) Suspend the operation of auditing services for a period of from three months to six months from the date the penalty decision takes effect for auditing enterprises committing the violation stipulated in Clause 4 of this Article (if the time of discovery of the violation, the auditing enterprise has been granted the Certificate of Eligibility for Operating Auditing Services and meets the conditions for operating auditing services);

d) Suspend the operation of auditing services for a period of from six months to twelve months from the date the penalty decision takes effect for auditing enterprises committing the violation stipulated in Clause 5 of this Article (if the time of discovery of the violation, the auditing enterprise has been granted the Certificate of Eligibility for Operating Auditing Services and meets the conditions for operating auditing services).

7. Measures to remedy consequences:

a) Compel the surrender to the state budget of the unlawful profits obtained through the implementation of acts violating the provisions set forth in point c, clause 2, and clauses 3 of this Article;

b) Compel the surrender to the competent authority that issued the Certificate of Eligibility for Accounting Services of counterfeit Certificates of Eligibility for Accounting Services; Certificates that have been erased, altered to change their contents due to the implementation of acts violating the provisions set forth in point b, clause 2, clauses 3, 4, and 5 of this Article;

c) Compel the performance of procedures to adjust and reissue the Certificate of Eligibility for Accounting Services due to the implementation of acts violating the provisions set forth in points d and đ, clause 2 of this Article;

d) Compel the return of the Certificate of Eligibility for Accounting Services to the competent authority that issued it when it has been revoked due to the implementation of acts violating the provisions set forth in point a, clause 2 of this Article.

Article 14. Sanctions for Violations of Provisions on Accounting Service Business Operations by Accounting Firms

1. Imposing a fine of VND 40,000,000 to VND 50,000,000 on accounting firms implementing any of the following acts:

a) Using the term "audit" in their name despite not meeting the conditions for conducting audit services as prescribed;

b) Not having received a Certificate of Eligibility for Audit Services but failing to follow the prescribed procedures to remove audit service business operations from their business scope.

2. Imposing a fine of VND 150,000,000 to VND 200,000,000 on accounting firms implementing any of the following acts:

a) Providing audit services without having received a Certificate of Eligibility for Audit Services;

b) Continuing to operate other services as stipulated in clause 1, Article 40 of the Independent Audit Law after temporarily suspending or being prohibited from operating audit services;

c) Continuing to operate other services as stipulated in clause 1, Article 40 of the Independent Audit Law after being terminated from operating audit services or having had their Certificate of Eligibility for Audit Services revoked;

d) Operating audit services not in accordance with the content of the Certificate of Eligibility for Audit Services.

3. Additional forms of punishment:

a) Revoking the right to use the Certificate of Eligibility for Audit Services for a period of one to three months from the date the penalty decision becomes effective for accounting firms implementing acts violating the provisions set forth in point a, point b, clause 2 of this Article (if the violation was discovered after the accounting firm had already been granted the Certificate of Eligibility for Audit Services and met the eligibility criteria);

b) Revoking the right to use the Certificate of Eligibility for Audit Services for a period of one to three months from the date the penalty decision becomes effective for accounting firms implementing acts violating the provisions set forth in point d, clause 2 of this Article.

4. Measures to remedy consequences:

a) Compel the return of illegal profits obtained through the implementation of the violation prescribed in Clause 2 of this Article to the state budget;

b) Compel the performance of procedures to remove audit service business operations due to the implementation of acts violating the provisions set forth in point b, clause 1 of this Article;

c) Compel the surrender of the Certificate of Eligibility for Audit Services to the competent authority that issued it due to the implementation of acts violating the provisions set forth in points a, b, and d, clause 2 of this Article.

Article 15. Sanctions for violations related to registration files for auditing public interest entities

1. A fine of from twenty million dong to forty million dong shall be imposed on the act of certifying documents that do not correspond to reality or forged documents in the file to meet the conditions for approval to conduct audits for public interest entities.

2. A fine of from forty million dong to sixty million dong shall be imposed on the act of declaring information that does not correspond to reality in the file to meet the conditions for approval to conduct audits for public interest entities.

3. A fine of from one hundred fifty million dong to two hundred million dong shall be imposed on the act of forging files to meet the conditions for approval to conduct audits for public interest entities without reaching the level of criminal prosecution as prescribed by Penal Code.

4. A fine of from three hundred million dong to four hundred million dong shall be imposed on the second act, including repeated offenses, of forging files to meet the conditions for approval to conduct audits for public interest entities without reaching the level of criminal prosecution as prescribed by Penal Code.

5. A fine of from six hundred million dong to eight hundred million dong shall be imposed on acts from the third time onwards, including repeated offenses, of forging files to meet the conditions for approval to conduct audits for public interest entities without reaching the level of criminal prosecution as prescribed by Penal Code.

6. Additional forms of punishment:

a) Confiscation of objects and means of administrative violation for the acts stipulated in Clause 2, Clause 3, Clause 4, and Clause 5 of this Article;

b) Suspension of business operations of audit services for a period of from three months to six months from the date the sanction decision takes effect for audit firms implementing the violation acts stipulated in Clause 3 of this Article;

c) Suspension of business operations of audit services for a period of from six months to twelve months from the date the sanction decision takes effect for audit firms implementing the violation acts stipulated in Clause 4 of this Article;

d) Suspension of business operations of audit services for a period of from twelve months to eighteen months from the date the sanction decision takes effect for audit firms implementing the violation acts stipulated in Clause 5 of this Article.

7. Measures to remedy consequences:

a) Compel the return of unlawful profits obtained through the implementation of the acts stipulated in Clause 2, Clause 3, Clause 4, and Clause 5 of this Article to the state budget;

b) Compel the return of declarations that do not correspond to reality, fraudulent, or forged documents in the file to meet the conditions for approval to conduct audits for public interest entities to the authority or person with the appropriate authority who approved them due to the implementation of the acts stipulated in Clause 2, Clause 3, Clause 4, and Clause 5 of this Article.

Section 4. VIOLATIONS OF PROVISIONS ON AUDITING ACTIVITIES

Article 16. Sanctions for violations of provisions on purchasing professional liability insurance for practicing auditors or establishing a risk reserve fund

1. A fine of from ten million dong to twenty million dong shall be imposed on audit firms that purchase professional liability insurance for practicing auditors or establish a risk reserve fund not in accordance with the regulations of the Ministry of Finance.

2. A fine of from twenty million dong to forty million dong shall be imposed on audit firms that fail to purchase professional liability insurance for practicing auditors or establish a risk reserve fund.

3. Measures to remedy consequences:

Compel the purchase of professional liability insurance or establishment of a risk reserve fund in accordance with the laws on independent auditing for the violation acts stipulated in Clause 1 and Clause 2 of this Article.

Article 17. Sanctions for violations concerning acceptance to conduct audits

1. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on any of the following acts:

a) Conducting an audit for a client when lacking the necessary professional capacity or failing to meet the conditions stipulated by law;

b) Conducting an audit for a client when the client or the audited entity requests something contrary to professional ethics, professional requirements, or legal provisions.

2. Measures to remedy consequences:

The illegal profits obtained from committing the violation specified in Clause 1 of this Article must be returned to the state budget.

Article 18. Sanctions for violations concerning the provision of audit services or review services to entities with public interest

1. A fine of VND 40,000,000 to VND 60,000,000 shall be imposed on a practicing auditor who commits any of the following acts:

a) Conducting an audit, signing an audit report, or a report on the results of a review for an entity with public interest without the approval of the Ministry of Finance to conduct audits for such entities;

b) Signing an audit report or a report on the results of a review for an entity with public interest while being suspended or having their qualification to conduct audits for such entities revoked.

2. A fine of VND 60,000,000 to VND 80,000,000 shall be imposed on any of the following acts:

a) An auditing firm conducting an audit for an entity with public interest when it falls under one of the cases where it is not allowed to audit such entities;

b) An entity with public interest selecting an auditing firm to provide audit services or review services when the auditing firm has not been approved by the Ministry of Finance;

c) An entity with public interest continuing to select an auditing firm to provide audit services or review services or continuing to perform an audit or review contract signed with an auditing firm that has been suspended or had its qualification to conduct audits revoked.

3. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed on an auditing firm providing audit services or review services to an entity with public interest when it has not been approved by the Ministry of Finance to conduct audits for such entities or when it is suspended or has had its qualification to conduct audits revoked.

4. Measures to remedy consequences:

The illegal profits obtained from committing the violations specified in Clause 1, Point a of Clause 2, and Clause 3 of this Article must be returned to the state budget.

Article 19. Sanctions for violations concerning audit contracts

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on an auditing firm entering into an audit contract with a client or an audited entity without including all required contents as prescribed.

2. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on an auditing firm entering into an audit contract with a client or an audited entity after conducting the audit.

3. A fine of VND 40,000,000 to VND 60,000,000 shall be imposed on an auditing firm not entering into an audit contract with a client or an audited entity before conducting the audit.

4. Measures to remedy consequences:

The auditing firm must enter into an audit contract with the client or the audited entity in accordance with the prescribed requirements due to committing the violations specified in Clause 1, Clause 2, and Clause 3 of this Article.

Article 20. Sanctions for violations of confidentiality regulations

1. A fine of VND 40,000,000 to VND 60,000,000 shall be imposed on an auditing firm that does not establish and operate an internal control system to ensure compliance with confidentiality obligations.

2. A fine of VND 60,000,000 to VND 80,000,000 shall be imposed on the act of disclosing information related to audit files, clients, audited entities, except where such disclosure is approved by the client or audited entity or as provided by law.

3. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed on the act of using information related to audit files, clients, audited entities to infringe upon the interests of the State, public interest, rights, and legitimate interests of agencies, organizations, and individuals.

4. Additional forms of administrative punishment:

a) Revocation of the right to use the Registration Certificate for Auditing Practice for a period of 12 to 24 months from the date the sanction decision takes effect for an auditing practitioner who commits a violation as stipulated in Clause 3 of this Article.

b) Revocation of the right to use the Certificate of Eligibility for Operating Auditing Services for a period of 6 to 12 months from the date the sanction decision takes effect for a business entity that commits a violation as stipulated in Clause 3 of this Article.

5. Measures to remedy consequences:

a) Compel the return of any unlawful gains obtained through the acts of violation as stipulated in Clauses 2 and 3 of this Article to the state budget.

b) Compel the establishment and operation of an internal control system in accordance with regulations due to committing a violation as stipulated in Clause 1 of this Article.

c) Compel the return of the Registration Certificate for Auditing Practice to the agency or person authorized to issue the certificate due to committing a violation as stipulated in Clause 3 of this Article.

d) Compel the return of the Certificate of Eligibility for Operating Auditing Services to the agency or person authorized to issue the certificate due to committing a violation as stipulated in Clause 3 of this Article.

Article 21. Sanctions for violations of audit report regulations

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on an auditor who commits any of the following acts:

a) Signing an audit report without authority as prescribed.

b) Signing an audit report before the date of signing the audited financial statements.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on an auditor who signs an audit report more than five consecutive years for an audited entity (not a public interest entity).

3. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on an auditing firm that commits any of the following acts:

a) Assigning an auditing practitioner to sign an audit report without authority as prescribed.

b) Issuing an audit report with the audit report signing date earlier than the signing date of the audited financial statements.

c) Preparing an audit report without the required signatures of auditing practitioners as prescribed.

d) Providing incomplete explanations within the prescribed time frame about matters excluded from the audit report at the request of the competent authority or representative of the audited entity's owner.

4. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on an auditor who signs an audit report when not being an auditing practitioner.

5. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on the act of failing to provide explanations about matters excluded from the audit report as requested by the competent authority or representative of the audited entity's owner.

6. A fine of VND 50,000,000 to VND 60,000,000 shall be imposed on an auditing firm that assigns an auditing practitioner to sign an audit report more than five consecutive years for an audited entity (not a public interest entity).

7. A fine of VND 60,000,000 to VND 80,000,000 shall be imposed on an auditing firm that assigns a person to sign an audit report when not being an auditing practitioner.

8. Additional forms of punishment:

a) Revocation of the right to use the Registration Certificate for Auditing Practice for a period of 6 to 12 months from the date the sanction decision takes effect for an auditing practitioner who commits a violation as stipulated in Clause 2 of this Article from the second occurrence onwards, including repeat offenses.

b) Revocation of the right to use the Certificate of Eligibility for Operating Auditing Services for a period of 1 to 3 months from the date the sanction decision takes effect for a business entity that commits a violation as stipulated in Clause 6 of this Article from the second occurrence onwards, including repeat offenses.

9. Remedial measures:

a) Compel the return of the Registration Certificate for Auditing Practice to the agency or person authorized to issue the certificate due to committing a violation as stipulated in Clause 2 of this Article from the second occurrence onwards, including repeat offenses.

b) Compel the return of the Certificate of Eligibility for Operating Auditing Services to the agency or person authorized to issue the certificate due to committing a violation as stipulated in Clause 6 of this Article from the second occurrence onwards, including repeat offenses.

c) Prohibit an auditing practitioner from registering for auditing practice for a period of 6 to 12 months from the date the competent authority concludes that the auditing practitioner has committed a violation as stipulated in Clause 2 of this Article from the second occurrence onwards, including repeat offenses (if the violation was discovered when the individual was not an auditing practitioner).

Article 22. Sanctions for violations concerning independence

1. Imposing a fine of from 10,000,000 VND to 20,000,000 VND for one of the following acts:

a) Providing false information or introducing inaccurately the qualifications, experience, and service-providing capacity of practicing auditors and auditing enterprises, including foreign auditing enterprise branches in Vietnam;

b) Purchasing, receiving, giving, or holding shares or equity contributions of the audited entity regardless of quantity;

c) Purchasing, selling bonds or other assets of the audited entity that affect independence as prescribed by accounting and auditing ethical standards;

d) Receiving or demanding any amount of money or other benefits from the audited entity outside the agreed service fees and costs in the concluded contract without reaching the level of criminal liability under the provisions of the Penal Code;

đ) Harassing, deceiving clients, or audited entities;

e) Interfering with the business operations of clients or audited entities during the audit process;

g) Collecting debts on behalf of the audited entity;

h) Conducting audits for public interest entities while holding management, executive, supervisory board member, or chief accountant positions in such entities within twelve months following the end of the audit engagement.

2. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following acts:

a) Performing an audit in one of the situations prohibited by law;

b) Working for two or more auditing enterprises, including foreign auditing enterprise branches in Vietnam simultaneously;

c) Contributing capital to two or more auditing enterprises;

d) Practicing as an individual auditor;

đ) Performing audits and signing audit reports for public interest entities continuously for over five years;

3. A fine of VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts:

a) Public interest entities approving practicing auditors to perform financial statement audits continuously for over five years;

b) Auditing enterprises arranging practicing auditors to perform audits and sign audit reports for financial statements of public interest entities continuously for over five years.

4. A fine of VND 400,000,000 to VND 500,000,000 shall be imposed on auditing enterprises colluding or conniving with audited entities to falsify accounting records, financial statements, audit files, and misreport audit results.

5. A fine of VND 800,000,000 to VND 1,000,000,000 shall be imposed on auditing enterprises for repeated collusion or conniving with audited entities to falsify accounting records, financial statements, audit files, and misreport audit results, starting from the second time onwards.

6. The fine for auditing enterprises performing audits for public interest entities with the same violations as stipulated in Clauses 4 and 5 of this Article shall be doubled compared to the fines specified in Clause 4 and Clause 5 of this Article.

7. Additional forms of administrative sanction:

a) Revoking the right to use the Registration Certificate for Audit Practice for a period of 12 to 24 months from the date the penalty decision takes effect for practicing auditors who commit violations as provided in Point d, Clause 2 of this Article (if the violation is discovered when they are practicing auditors);

b) Suspending the provision of auditing services for a period of 1 to 3 months from the date the penalty decision takes effect for enterprises committing violations as provided in Clause 4 of this Article;

c) Suspending the provision of auditing services for a period of 3 to 6 months from the date the penalty decision takes effect for enterprises committing violations as provided in Clause 5 of this Article;

d) Suspending the provision of auditing services for a period double the duration specified in Points b and c of this Clause for auditing enterprises performing audits for public interest entities with the same violations as stipulated in Clauses 4 and 5 of this Article.

8. Measures to remedy consequences:

a) Ordering the return of illegal gains obtained from committing violations as provided in Points a, b, d of Clause 2; Clause 4; Clause 5; and Clause 6 of this Article to the state budget;

b) Ordering the return of the Registration Certificate for Audit Practice to the issuing authority due to committing violations as provided in Point d, Clause 2 of this Article (if the violation is discovered when they are practicing auditors);

c) Prohibiting registration for audit practice for auditors for a period of 12 to 24 months from the date the competent authority concludes that the auditor committed violations as provided in Point d, Clause 2 of this Article (if the violation is discovered when they are not practicing auditors).

Article 23. Penalty for violations concerning the establishment of audit files

1. A fine of VND 150,000,000 to VND 200,000,000 shall be imposed on the act of not establishing an audit file for one audit engagement.

2. A fine of VND 400,000,000 to VND 500,000,000 shall be imposed on an auditing firm that commits any of the following acts:

a) Not establishing an audit file for two or more audit engagements;

b) Forgery or false declaration of audit files without reaching the level of criminal liability as prescribed by law. Penal Code.

3. Impose a fine at double the amount specified in Clause 1 and Clause 2 of this Article if the violation occurs from subsequent inspections following the initial detection of the violation.

3. The penalty amount shall be doubled as prescribed in Clause 1 and Clause 2 of this Article if the violation occurs from subsequent inspections and discoveries of such violations.

5. Additional forms of punishment:

4. The penalty amount shall be doubled as prescribed in Clause 1, Clause 2, and Clause 3 of this Article when conducting audits for public interest entities with the same violations as prescribed in these clauses.

a) Confiscation of objects and means of administrative violation for acts prescribed in Point b Clause 2 and Clause 4 of this Article;

b) Suspension of auditing service business operations for a period of three to six months from the date the penalty decision takes effect for firms committing the acts prescribed in Point b Clause 2 of this Article;

6. Measures to remedy consequences:

c) Suspension of auditing service business operations for a period double the time prescribed in Point b of this Clause for auditing firms conducting audits for public interest entities with the same violations as prescribed in Point b Clause 2 of this Article.

12 ||| Compel the return of illegal profits obtained through forgery or false declaration of audit files without reaching the level of criminal liability as prescribed by the Criminal Code to the state budget as prescribed in Point b Clause 2 and Clause 4 of this Article.

Article 24. Penalty for violations concerning the preservation and storage of audit files

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on an auditing firm that commits any of the following acts:

a) Inadequate, unsafe preservation and storage of audit files, causing damage or loss of audit files during use and within the retention period;

b) Delaying the archiving of audit files beyond twelve months from the issuance date of the audit report;

c) Failure to design and implement policies and procedures to maintain the confidentiality, security, integrity, accessibility, and recoverability of audit files as prescribed by auditing standards;

d) Failure to design and implement policies and procedures for storing audit files for at least ten years from the issuance date of the audit report as prescribed by auditing standards.

2. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on an auditing firm that fails to store audit files either in paper form or electronically.

Article 24. Penalty for violations concerning the preservation and storage of audit files

Article 25. Penalty for violations concerning the destruction of audit files

a) Deciding to destroy audit files without authority;

b) Destroying audit files without forming a destruction committee, failing to follow the correct methods and procedures for destruction, and failing to establish a list of destroyed audit files and a record of the destruction of audit files upon expiration of the retention period as prescribed.

Article 26. Penalty for violation of regulations on public disclosure of transparent reporting information

Article 24. Penalty for violations concerning the preservation and storage of audit files

a) The transparency report does not have the signature of the legal representative of the auditing firm or the authorized person when published.

b) Implementing the publication of information in the transparency report or updating changed information later than the prescribed deadline.

2. A fine of from twenty million to thirty million dong shall be imposed on the auditing firm that commits any of the following acts:

a) Not establishing an electronic information website as required;

b) Not publishing and not updating complete information in the transparency report on the electronic information website;

c) Publishing false information in the transparency report.

3. Measures to remedy consequences:

Order to establish an electronic information website; correct false information, publish and update complete information for violations stipulated in Clause 2 of this Article.

Section 5. VIOLATIONS OF REGULATIONS BY THE AUDITED ENTITY

Article 27. Penalty for violation of regulations on selection of auditing firms and practicing auditors to conduct audits

1. A fine of from twenty million to thirty million dong shall be imposed on the entity hiring an auditing firm in cases where the auditing firm is not allowed to conduct audits according to the law.

2. A fine of from thirty million to forty million dong shall be imposed on the entity hiring an auditing firm that does not meet the conditions to provide audit services as prescribed by law.

3. A fine of from forty million to fifty million dong shall be imposed on the audited entity that fails to conduct mandatory audits of annual financial reports, final project settlement reports, consolidated financial statements, comprehensive financial statements, and other audit tasks as prescribed by the independent audit law and other related laws.

Article 28. Penalty for violation of regulations on entering into audit contracts for annual financial reports

1. A fine of from five million to ten million dong shall be imposed on enterprises and organizations that are required to undergo mandatory annual financial statement audits if they enter into audit contracts with incomplete contents as required.

2. A fine of from ten million to twenty million dong shall be imposed on enterprises and organizations that are required to undergo mandatory annual financial statement audits if they enter into audit contracts later than the prescribed deadline.

3. A fine of from thirty million to forty million dong shall be imposed on enterprises and organizations that are required to undergo mandatory annual financial statement audits if they enter into audit contracts after the audit has been conducted.

4. A fine of from forty million to sixty million dong shall be imposed on enterprises and organizations that are required to undergo mandatory annual financial statement audits if they fail to enter into audit contracts for annual financial reports when conducting audits.

5. Measures to remedy consequences:

Order to enter into an audit contract with an auditing firm as required due to the violation stipulated in Clauses 1, 2, 3, and 4 of this Article.

Article 29. Penalty for violation of regulations related to the audit

1. A fine of from twenty million to thirty million dong shall be imposed on the audited entity that provides incomplete and untimely explanations about matters excluded from the audit report as requested by the competent authority.

2. A fine of from forty million to sixty million dong shall be imposed on the audited entity that fails to explain about matters excluded from the audit report as requested by the competent authority.

3. A fine of from sixty million to eighty million dong shall be imposed on the audited entity that selects organizations or individuals who do not meet the conditions to practice auditing to sign audit contracts.

4. A fine of from eighty million to one hundred million dong shall be imposed on the audited entity that refuses to provide necessary information and documents for the audit as requested by the practicing auditor or the auditing firm.

5. A fine of from one hundred million to two hundred million dong shall be imposed on the audited entity that commits any of the following acts:

a) Bribery, solicitation, collusion with members participating in the audit and the auditing firm to falsify accounting records, financial reports, audit files, and audit reports;

b) Threatening, retaliating against, or coercing members participating in the audit to alter the audit results;

c) Concealing violations of financial and accounting laws;

d) Obstructing work and limiting the scope of the audit;

đ) Providing false, untruthful, incomplete, and untimely information and documents related to the audit.

6. A fine of from two hundred million to four hundred million dong shall be imposed on the audited entity that commits any of the acts stipulated in Clause 5 of this Article for the second time or more, including recidivism.

7. A fine twice the amount stipulated in Clause 3, Clause 4, Clause 5, and Clause 6 of this Article shall be imposed on the audited entity that is a public interest entity committing the same violation as stipulated in these clauses.

Article 30. Penalty for violations related to the responsibilities of entities with public interest

A fine of from 80,000,000 VND to 100,000,000 VND shall be imposed on entities with public interest that commit any of the following acts:

1. Failure to establish and operate an internal control system.

2. Failure to organize internal auditing.

3. Selecting another approved auditing firm to issue opinions on financial statements when such financial statements have already been audited by an approved auditing firm, except as provided by law.

4. Failure to report to the competent authority approving the auditing firm conducting audits for their entity the reasons for changing the approved auditing firm compared to the previous year and the reasons for changing the approved auditing firm currently conducting the audit (if applicable).

5. Failure to notify the competent authority approving the auditing firm conducting audits for their entity upon discovering that the practicing auditor and the approved auditing firm have violated laws on independent auditing.

6. Providing false information related to audited financial reports as required by the competent authority.

7. Failure to explain and provide information related to audited financial reports as required by the competent authority.

8. Measures to remedy consequences:

a) Order correction of false or misleading information for the act stipulated in Clause 6 of this Article;

b) Order reporting, explanation, and provision of complete and truthful information and documents due to the violation of Clauses 4, 5, 6, and 7 of this Article.

Section 6. VIOLATIONS OF PROVISIONS ON THE SUPPLY AND USE OF CROSS-BORDER AUDITING SERVICES

Article 31. Penalty for violations of provisions on conditions for supplying cross-border auditing services

1. A fine of from 40,000,000 VND to 60,000,000 VND shall be imposed on foreign auditing firms that erase or alter documents to meet the conditions for obtaining a Certificate of Eligibility for Supplying Cross-Border Auditing Services in Vietnam.

2. A fine of from 150,000,000 VND to 200,000,000 VND shall be imposed on foreign auditing firms that commit any of the following acts:

a) Submitting false registration documents for supplying cross-border auditing services without reaching the level of criminal prosecution as prescribed by law; the Penal Code;

b) Providing cross-border auditing services in Vietnam without having obtained a Certificate of Eligibility for Supplying Cross-Border Auditing Services in Vietnam;

c) Continuing to supply cross-border auditing services in Vietnam after temporarily suspending, ceasing, being suspended from, or having had their Certificate of Eligibility for Supplying Cross-Border Auditing Services in Vietnam revoked.

3. Additional forms of punishment:

a) Confiscation of contraband items and means of administrative violation for the acts stipulated in Clause 1 and point a of Clause 2 of this Article.

b) Suspension of the right to use the Certificate of Eligibility for Supplying Cross-Border Auditing Services in Vietnam for a period of from three months to six months from the date the penalty decision takes effect for foreign auditing firms committing the act stipulated in point c of Clause 2 of this Article (provided that at the time of discovery of the violation, the foreign auditing firm has obtained the Certificate of Eligibility for Supplying Cross-Border Auditing Services in Vietnam and meets the eligibility criteria for auditing services).

4. Measures to remedy consequences:

a) Order the return of illegal profits gained from the implementation of the violations stipulated in Clause 1 and Clause 2 of this Article to the state budget;

b) Order the return of false, altered, or erased documents in the registration application for supplying cross-border auditing services to the agency or person who issued the Certificate due to the implementation of the act stipulated in Clause 1 and point a of Clause 2 of this Article;

c) Order the return of the Certificate of Eligibility for Supplying Cross-Border Auditing Services in Vietnam to the agency or person who issued the Certificate due to the implementation of the violation stipulated in point c of Clause 2 of this Article (provided that at the time of discovery of the violation, the foreign auditing firm has obtained the Certificate of Eligibility for Supplying Cross-Border Auditing Services in Vietnam and meets the eligibility criteria for auditing services).

Article 32. Penalty for Violations of Rules on Modes of Cross-border Service Provision

1. A fine of VND 40,000,000 to VND 60,000,000 shall be imposed on foreign auditing enterprises that commit any of the following acts:

a) Making payments and transferring money related to cross-border auditing services not in accordance with Vietnamese laws on foreign exchange management;

b) Not entering into an auditing contract in accordance with Vietnamese laws when providing cross-border auditing services.

2. A fine of VND 60,000,000 to VND 80,000,000 shall be imposed on organizations that commit any of the following acts:

a) Vietnamese auditing enterprises conducting joint ventures with foreign enterprises that do not meet the conditions for operating cross-border auditing services as prescribed when providing cross-border auditing services in Vietnam;

b) Foreign auditing enterprises conducting joint ventures with Vietnamese enterprises that do not meet the conditions for operating auditing services as prescribed when providing cross-border auditing services in Vietnam;

c) Foreign auditing enterprises failing to establish a joint venture contract when providing cross-border auditing services as prescribed.

3. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed on foreign auditing enterprises that fail to conduct joint ventures with enterprises meeting the conditions for operating auditing services when providing cross-border auditing services in Vietnam.

4. Additional forms of administrative punishment:

Revocation of the Certificate of Eligibility for Operating Cross-border Auditing Services in Vietnam for a period of six months to twelve months from the date the penalty decision takes effect for foreign auditing enterprises committing the act stipulated in Clause 3 of this Article (if the time of discovery of the violation, the foreign auditing enterprise has been issued a Certificate of Eligibility for Operating Cross-border Auditing Services in Vietnam and meets the conditions for operating auditing services).

5. Measures to remedy consequences:

a) Compel the return of illegal profits obtained from the implementation of violations stipulated in Clause 1, Clause 2, and Clause 3 of this Article to the state budget;

b) Compel to conduct joint ventures with Vietnamese auditing enterprises meeting the conditions for operating auditing services when providing cross-border auditing services in Vietnam for violations stipulated in Clause 2 and Clause 3 of this Article;

c) Compel to return the Certificate of Eligibility for Operating Cross-border Auditing Services in Vietnam to the authority that issued it due to the implementation of the violation stipulated in Clause 3 of this Article (if the time of discovery of the violation, the foreign auditing enterprise has been issued a Certificate of Eligibility for Operating Cross-border Auditing Services in Vietnam and meets the conditions for operating auditing services).

Article 33. Penalty for Violations of Obligations of Enterprises Providing Cross-border Auditing Services

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on foreign auditing enterprises that commit any of the following acts:

a) Reporting to the Ministry of Finance later than the prescribed deadline when failing to meet one of the conditions prescribed for providing cross-border auditing services;

b) Submitting audited annual financial reports along with independent auditing firms' audit reports and comments from the regulatory body overseeing auditing practices at the location where the enterprise's headquarters is situated regarding compliance with auditing laws and other relevant laws to the Ministry of Finance later than the prescribed deadline;

c) Submitting reports on the implementation of contracts for providing cross-border auditing services arising in Vietnam to the Ministry of Finance later than the prescribed deadline.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on foreign auditing enterprises that commit any of the following acts:

a) Failing to report to the Ministry of Finance when failing to meet one of the conditions prescribed for providing cross-border auditing services;

b) Failing to submit audited annual financial reports along with independent auditing firms' audit reports and comments from the regulatory body overseeing auditing practices at the location where the enterprise's headquarters is situated regarding compliance with auditing laws and other relevant laws to the Ministry of Finance as prescribed;

c) Failing to report or reporting inaccurately on the implementation of contracts for providing cross-border auditing services arising in Vietnam.

3. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed on foreign auditing enterprises that commit any of the following acts:

a) Engaging in prohibited acts or providing auditing services in cases where auditing is not permitted according to the Law on Independent Auditing of Vietnam; b) Failing to comply with Vietnamese auditing standards and Vietnamese accounting and auditing ethical standards when providing cross-border auditing services in Vietnam;

c) Failing to report or explain to Vietnamese competent authorities matters related to the provision of cross-border auditing services in Vietnam.

Revocation of the Certificate of Eligibility for Operating Cross-border Auditing Services in Vietnam for a period of three months to six months from the date the penalty decision takes effect for foreign auditing enterprises committing the act stipulated in point a of Clause 3 of this Article.

4. Additional forms of administrative punishment:

a) Compel the return of illegal profits obtained from the implementation of the act stipulated in point a of Clause 3 of this Article to the state budget;

5. Measures to remedy consequences:

b) Compel compliance with Vietnamese auditing standards and Vietnamese accounting and auditing ethical standards for the act stipulated in point b of Clause 3 of this Article when providing cross-border auditing services in Vietnam;

c) Compel to report and explain in accordance with regulations for the acts stipulated in point c of Clause 2 and point c of Clause 3 of this Article.

c) Order a report and explanation in accordance with the provisions for the violations stipulated in point c, Clause 2 and point c, Clause 3 of this Article;

d) Compel the submission of the Certificate of Eligibility for Cross-Border Audit Services in Vietnam to the agency or authorized person who issued the Certificate due to the violation of the provisions set forth in point a, clause 3 of this Article.

Article 34. Penalty for Violations of Provisions on Joint Ventures with Foreign Accounting Firms to Provide Cross-Border Audit Services in Vietnam

1. Impose a fine of from VND 20,000,000 to VND 40,000,000 on domestic accounting firms that form joint ventures with foreign accounting firms for performing any of the following acts:

a) Failing to adequately retain audit files of joint venture audits conducted with foreign auditing service firms to provide cross-border audit services in Vietnam;

b) Failing to adequately provide audit files of joint venture audits conducted with foreign auditing service firms to provide cross-border audit services in Vietnam to competent authorities within the prescribed time limit when requested;

c) Failing to adequately explain to competent authorities about audit reports, audit files, and other issues arising from joint venture audits with foreign accounting firms within the prescribed time limit.

2. Impose a fine of from VND 30,000,000 to VND 40,000,000 on domestic accounting firms that form joint ventures with foreign accounting firms for performing any of the following acts:

a) Failing to retain audit files of joint venture audits conducted with foreign auditing service firms to provide cross-border audit services in Vietnam;

b) Failing to provide audit files of joint venture audits conducted with foreign auditing service firms to provide cross-border audit services in Vietnam to competent authorities when requested;

c) Failing to explain to competent authorities about audit reports, audit files, and other issues arising from joint venture audits with foreign accounting firms to provide cross-border audit services in Vietnam;

d) Failing to report to the Ministry of Finance the situation of forming joint ventures with foreign accounting firms in providing cross-border audit services as required.

3. Additional forms of punishment:

Suspend the right to use the Certificate of Eligibility for Cross-Border Audit Services in Vietnam for a period of six months to twelve months from the date the penalty decision becomes effective for foreign accounting firms that commit the acts stipulated in points b, c, and d, clause 2 of this Article.

4. Measures to remedy consequences:

a) Compel the provision, explanation, and reporting of complete audit files of joint venture audits to competent authorities when requested for violations of the provisions set forth in points b and c, clause 1 and points b, c, and d, clause 2 of this Article;

b) Compel the submission of the Certificate of Eligibility for Cross-Border Audit Services in Vietnam to the agency or authorized person who issued the Certificate due to the violation of the provisions set forth in points b, c, and d, clause 2 of this Article.

Section 7. VIOLATIONS OF PROVISIONS ON NOTIFICATION AND REPORTING

Article 35. Penalties for Violations of Obligations to Notify and Report by Accounting Firms

1. Impose a fine of from VND 5,000,000 to VND 10,000,000 on accounting firms for performing any of the following acts:

a) Notifying the Ministry of Finance later than the prescribed deadline when there are changes that must be reported according to the Law on Independent Auditing;

b) Submitting the annual consolidated report on maintaining audit practice conditions of auditors registered to work at their units to the Ministry of Finance later than the prescribed deadline;

c) Notifying the Ministry of Finance in writing later than the prescribed deadline when the Certificate of Registration for Audit Practice has expired or lost its validity for cases that must be reported according to the law;

d) Reporting the Ministry of Finance later than the prescribed deadline when the Certificate of Eligibility for Cross-Border Audit Services is lost or damaged;

đ) Submitting to the Ministry of Finance periodic reports on maintaining audit service business conditions annually or upon request later than the prescribed deadline;

e) Submitting to the Ministry of Finance annual activity reports later than the prescribed deadline;

g) Submitting to the Ministry of Finance annual financial statements of the preceding year later than the prescribed deadline;

h) Notifying the Ministry of Finance in writing later than the prescribed deadline when resuming audit business operations after a temporary suspension;

i) Submitting to the Ministry of Finance the application for termination of audit service business operations later than the prescribed deadline;

k) Submitting regular and ad hoc reports to the Ministry of Finance upon request later than the prescribed deadline;

l) Notifying the Ministry of Finance in writing later than the prescribed deadline starting from the day an auditor of the accounting firm is prohibited from practicing auditing according to a court judgment or decision that has become legally binding; is criminally prosecuted; is convicted of one of the economic or official crimes related to finance and accounting; is subject to administrative educational measures at commune, ward, town level, compulsory drug rehabilitation centers, or compulsory education centers;

m) Failing to report to the competent authority for approval when changing the name, address, scope of practice, list of practicing auditors, and other changes leading to no longer meeting the approval conditions for auditing within the prescribed deadline.

2. Impose a fine of from VND 10,000,000 to VND 20,000,000 on accounting firms for performing any of the following acts:

a) Failing to notify the Ministry of Finance when there are changes that must be reported according to the Law on Independent Auditing;

b) Failing to submit the annual consolidated report on maintaining audit practice conditions of auditors registered to work at their units along with individual auditors' annual maintenance of audit practice conditions reports to the Ministry of Finance as required;

c) Failing to notify the Ministry of Finance when the Certificate of Registration for Audit Practice has expired or lost its validity for cases that must be reported according to the law;

d) Failing to report the Ministry of Finance when the Certificate of Eligibility for Cross-Border Audit Services is lost or damaged;

d) Failing to report annually or upon request to the Ministry of Finance on the maintenance of conditions for auditing service operations;

e) Failing to submit the annual operation report to the Ministry of Finance as prescribed;

g) Failing to submit the financial report of the preceding year to the Ministry of Finance as prescribed;

h) Failing to notify in writing the Ministry of Finance when resuming auditing business operations after a period of suspension;

i) Failing to submit the application for termination of auditing service operations to the Ministry of Finance as prescribed;

k) Failing to notify in writing along with a copy of relevant documents to the Ministry of Finance regarding the establishment or cessation of activities of the audit firm's premises abroad;

l) Failing to report periodically and promptly as required by the Ministry of Finance;

m) Failing to report to the competent authority for approval when changing the name, headquarters, scope of practice, list of practicing auditors, and other changes leading to no longer meeting the conditions for approval of auditing;

3. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on an audit firm that fails to notify in writing the Ministry of Finance from the date the firm's practicing auditor is prohibited from auditing according to a court judgment or decision that has taken legal effect; is criminally prosecuted; is convicted of one of the economic or official crimes related to finance and accounting; or is subject to administrative measures such as community-based education, compulsory drug rehabilitation, or compulsory educational facilities;

Article 36. Sanctioning Violations of Obligations to Report and Provide Information by Practicing Auditors

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on a practicing auditor who submits reports to the Ministry of Finance late compared to the prescribed deadlines when:

a) Ceasing work and terminating the labor contract for full-time employment at an audit firm or foreign audit firm branch in Vietnam as recorded on the Registration Certificate for Auditing Practice;

b) The labor contract for full-time employment at an audit firm or foreign audit firm branch in Vietnam expires, is terminated, or undergoes changes leading to no longer being a full-time labor contract as prescribed;

c) The work permit of a foreign practicing auditor expires or loses its validity;

d) Starting or temporarily ceasing to participate as an individual in the role of legal representative, director (deputy director), chairman of the board of directors, chairman of the board of members, chief accountant (or accounting supervisor), accounting staff, internal auditor, or other positions at another entity or organization outside the audit firm, or when there are changes in working hours or positions at those entities;

d) Upon request by the Ministry of Finance for periodic or prompt provision of information related to their auditing practice;

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on a practicing auditor who fails to notify or report as prescribed to the Ministry of Finance when:

a) Ceasing work and terminating the labor contract for full-time employment at an audit firm or foreign audit firm branch in Vietnam as recorded on the Registration Certificate for Auditing Practice;

b) The labor contract for full-time employment at an audit firm or foreign audit firm branch in Vietnam expires, is terminated, or undergoes changes leading to no longer being a full-time labor contract as prescribed;

c) The work permit of a foreign practicing auditor expires or loses its validity;

d) Starting or temporarily ceasing to participate as an individual in the role of legal representative, director (deputy director), chairman of the board of directors, chairman of the board of members, chief accountant (or accounting supervisor), accounting staff, internal auditor, or other positions at another entity or organization outside the audit firm, or when there are changes in working hours or positions at those entities;

d) Upon request by the Ministry of Finance for periodic or prompt provision of information related to their auditing practice;

Section 8. VIOLATIONS OF THE PROVISIONS ON QUALITY CONTROL OF AUDIT SERVICES

Article 37. Penalties for violations of the obligations of audit firms and foreign audit firm branches regarding quality control of audit services

Article 24. Penalty for violations concerning the preservation and storage of audit files

a) Submitting the Report on the Results of Self-Inspection of Audit Service Quality to the Ministry of Finance or the Securities Commission later than the prescribed deadline;

b) Submitting the Report on Corrective Measures and Implementation of Recommendations from the Inspection Team to the inspection authority later than the prescribed deadline;

c) Submitting reports on independent audit activities upon request of the Ministry of Finance or the Securities Commission later than the prescribed deadline;

d) Providing information and documents to competent authorities during the quality control process of audits not in accordance with the prescribed deadlines or not fully as required.

2. A fine of from twenty million to thirty million dong shall be imposed on the auditing firm that commits any of the following acts:

a) Not submitting the Report on the Results of Self-Inspection of Audit Service Quality to the Ministry of Finance or the Securities Commission;

b) Not submitting the Report on Corrective Measures and Implementation of Recommendations from the Inspection Team to the inspection authority;

c) Not reporting upon request of the Ministry of Finance or the Securities Commission on independent audit activities;

d) Not providing information and documents to competent authorities during the quality control process of audits as required.

3. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on audit firms that commit any of the following acts:

a) Not establishing a quality control system for audit services, review services, financial information, other assurance services, and related services;

b) Not establishing quality control policies and procedures for each audit engagement;

c) Not implementing quality control of audit services, review services, financial information, other assurance services, and related services;

d) Not implementing quality control policies and procedures at the engagement level;

đ) Providing inaccurate or non-compliant information and documents to competent authorities during the quality control process of audits;

e) Not explaining or cooperating with competent authorities during the quality control process of audits;

g) Not assigning auditors-in-charge and relevant persons to work with the Inspection Team;

h) Not signing off on the inspection report immediately upon completion of the inspection.

4. Additional forms of administrative punishment:

Suspension of the Certificate of Eligibility for Operating Audit Services for a period of one to three months from the date the penalty decision takes effect for audit firms committing the act specified in point d, clause 2; points đ and e, clause 3 of this Article.

5. Measures to remedy consequences:

Compel reporting, explanation, and provision of full information and documents as prescribed for violations specified in point d, clause 1; points c and d, clause 2; points đ and e, clause 3 of this Article.

Article 38. Penalties for violations of the provisions concerning the signature of audit reports by auditors and audit firms regarding audit files and the quality of audit services

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on auditors signing audit reports with one file classified as "Audit File Quality Does Not Meet Requirements".

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on auditors signing audit reports with two or more files classified as "Audit File Quality Does Not Meet Requirements".

3. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on auditors signing audit reports with serious professional misconduct or severe violation of auditing standards and accounting and auditing ethical standards when there is one to two files classified as "Weak Audit File Quality, Serious Errors".

4. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on auditors signing audit reports with serious professional misconduct or severe violation of auditing standards and accounting and auditing ethical standards when there are more than two files classified as "Weak Audit File Quality, Serious Errors".

5. A fine of VND 60,000,000 to VND 80,000,000 shall be imposed on audit firms when the conclusion on the quality of audit services is classified as "Audit Service Quality Does Not Meet Requirements".

6. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed on audit firms when the conclusion on the quality of audit services is classified as "Audit Service Quality Does Not Meet Requirements" through two consecutive inspections.

7. A fine of VND 100,000,000 to VND 150,000,000 shall be imposed on audit firms when the conclusion on serious professional misconduct or severe violation of auditing standards and accounting and auditing ethical standards is made when the conclusion on the quality of audit services is classified as "Weak Audit Service Quality, Serious Errors" through one to two consecutive inspections.

8. A fine of VND 400,000,000 to VND 500,000,000 shall be imposed on audit firms with serious professional misconduct or severe violation of auditing standards and accounting and auditing ethical standards when the general conclusion on the results of quality control of audit services is classified as "Weak Audit Service Quality, Serious Errors" through two consecutive inspections.

9. A fine of VND 800,000,000 to VND 1,000,000,000 shall be imposed on audit firms with serious professional misconduct or severe violation of auditing standards and accounting and auditing ethical standards when the general conclusion on the results of quality control of audit services is classified as "Weak Audit Service Quality, Serious Errors" from the third consecutive inspection onwards.

10. The fine amount shall be doubled for auditors signing audit reports and audit firms approved to conduct audits for public interest entities committing the same violations as stipulated in clauses 1, 2, 3, 4, 5, 6, 7, 8, and 9 of this Article.

11. MEASURES TO REMEDY CONSEQUENCES

a) Prohibit from registering to practice auditing for an auditor who signs an audit report for a period of six months from the date the competent authority concludes that the auditor has committed a violation as prescribed in Clause 3 of this Article (if at the time of discovering the violation, the auditor signing the audit report was not practicing auditing).

b) Prohibit from registering to practice auditing for an auditor who signs an audit report for a period of twelve months from the date the competent authority concludes that the auditor has committed a violation as prescribed in Clause 4 of this Article (if at the time of discovering the violation, the auditor signing the audit report was not practicing auditing).

c) Prohibit from registering to practice auditing for an auditor who signs an audit report for a public interest entity if both the auditor and the entity have committed violations as prescribed in Clauses 3 and 4 of this Article, then the prohibition period will be doubled compared to the periods specified in Points a and b of this Clause (if at the time of discovering the violation, the auditor signing the audit report was not practicing auditing).

Chapter III

COMPETENT AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS IN THE FIELD OF INDEPENDENT AUDITING

Article 39. Competent Authority to Issue Administrative Violation Decisions in the Field of Independent Auditing

The competent authority to issue administrative violation decisions in the field of independent auditing includes:

1. The authority to impose administrative penalties in the field of independent auditing as prescribed in this Decree.

2. Civil servants, officials, and members of the People's Public Security Force assigned such duties.

Article 40. Competent Authority to Impose Administrative Penalties of the Director of the Department of Accounting and Auditing Supervision

1. To issue warnings.

2. Fine up to one billion Vietnamese dong for individuals and two billion Vietnamese dong for organizations.

3. Confiscate objects and means used in committing administrative violations.

4. Revoke the right to use the Certificate of Registration for Practicing Auditing or the Certificate of Eligibility for Operating Audit Services for a limited period, or suspend the operation of audit services for a limited period.

5. Apply measures to remedy consequences as prescribed in Article 5 of this Decree.

Article 41. Competent Authority to Impose Administrative Penalties of the Chairman of the Provincial People's Committee

1. To issue warnings.

2. Fine up to one billion Vietnamese dong for individuals and two billion Vietnamese dong for organizations.

3. Confiscate objects and means used in committing administrative violations.

4. Revoke the right to use the Certificate of Registration for Practicing Auditing or the Certificate of Eligibility for Operating Audit Services for a limited period, or suspend the operation of audit services for a limited period.

5. Apply measures to remedy consequences as prescribed in Article 5 of this Decree.

Article 42. Competent Authority to Impose Administrative Penalties of the People's Public Security Force

1. The Director of the Political Security Investigation Bureau, the Director of the Economic Security Investigation Bureau, the Director of the Social Order Management Police Bureau, the Director of the Social Order Crime Investigation Bureau, the Director of the Corruption, Economy, and Smuggling Crime Investigation Bureau, the Director of the Drug Crime Investigation Bureau, the Director of the Traffic Police Bureau, the Director of the Fire Prevention, Fighting, and Rescue Bureau, the Director of the Environmental Crime Prevention and Control Bureau, the Director of the Cybersecurity and High-Tech Crime Prevention Bureau, the Director of the Internal Security Bureau, the Director of the Community Detention and Criminal Enforcement Bureau, and the Commander of the Mobile Police Force have the authority:

a) To issue warnings;

b) Fine up to one billion Vietnamese dong for individuals and two billion Vietnamese dong for organizations;

c) To confiscate objects and means of administrative violations;

d) Revoke the right to use the Certificate of Registration for Practicing Auditing or the Certificate of Eligibility for Operating Audit Services for a limited period, or suspend the operation of audit services for a limited period;

đ) Apply measures to remedy consequences as prescribed in Article 5 of this Decree.

2. The Director of the Provincial Public Security Force has the authority:

a) To issue warnings;

b) Fine up to one billion Vietnamese dong for individuals and two billion Vietnamese dong for organizations;

c) To confiscate objects and means of administrative violations;

d) Revoke the right to use the Certificate of Registration for Practicing Auditing or the Certificate of Eligibility for Operating Audit Services for a limited period, or suspend the operation of audit services for a limited period;

đ) Apply measures to remedy consequences as prescribed in Article 5 of this Decree.

3. The Heads of Departments under the Political Security Investigation Bureau; the Heads of Departments under the Social Order Management Police Bureau; the Heads of Departments under the Traffic Police Bureau; the Heads of Departments under the Cybersecurity and High-Tech Crime Prevention Bureau; the Heads of Departments under the Exit and Entry Administration Bureau; the Heads of Provincial Public Security Departments including the Heads of the Political Security Departments, the Social Order Management Police Departments, the Social Order Crime Investigation Departments, the Corruption, Economy, and Smuggling Crime Investigation Departments, the Criminal Enforcement and Judicial Assistance Departments, the Cybersecurity and High-Tech Crime Prevention Departments, the Exit and Entry Administration Departments, and the Economic Security Departments have the authority:

a) To issue warnings;

b) Fine up to eight hundred million Vietnamese dong for individuals and one billion six hundred million Vietnamese dong for organizations;

c) To confiscate objects and means of administrative violations;

d) Revoke the right to use the Certificate of Registration for Practicing Auditing or the Certificate of Eligibility for Operating Audit Services for a limited period, or suspend the operation of audit services for a limited period;

đ) Apply measures to remedy consequences as prescribed in Article 5 of this Decree.

Chapter IV

IMPLEMENTING PROVISIONS

Article 43. Effective Date

1. This Decree takes effect from August 18, 2025.

2. Abolish certain provisions on administrative penalty in the field of independent auditing prescribed in Decree No. 41/2018/NĐ-CP dated March 12, 2018 of the Government on administrative penalties in the fields of accounting and independent auditing:

a) Abolish the phrase "independent auditing" in Article 1; Clause 1, Clause 3 of Article 2; Clause 2 of Article 3; Article 4; Article 5; Article 6; Article 69; Article 70; Clause 3 of Article 71;

b) Abolish Chapter III.

3. Abolish certain provisions on administrative penalty in the field of independent auditing prescribed in Decree No. 102/2021/NĐ-CP dated November 16, 2021 of the Government amending and supplementing some articles of decrees on administrative penalties in the fields of tax, invoices; customs; insurance business, lottery business; management and use of state assets; thrift and waste prevention; national reserves; state treasury:

a) Abolish the phrase "independent auditing" in Clause 1 of Article 5;

b) Abolish the phrases "Chapter III", "Clause 1, Clause 3 of Article 36", "Clause 1 of Article 38", "Clause 2, Clause 3 of Article 39", "Clause 1, Clause 2 of Article 48", "Clause 1 of Article 57", "Clause 1, Clause 2 of Article 61", "Article 67".

4. For administrative violations in the field of independent auditing occurring and concluded before the effective date of this Decree but discovered or being considered for resolution thereafter, the existing decree in effect at the time of the conclusion of the violation shall be applied to impose penalties. For administrative violations in the field of independent auditing occurring before the effective date of this Decree and still ongoing after its effective date, the provisions of this Decree shall be applied to impose penalties.

5. For administrative penalty decisions in the field of independent auditing that have been issued or fully executed before the effective date of this Decree, if individuals or organizations subject to administrative penalties still file complaints, the provisions of Decree No. 41/2018/NĐ-CP dated March 12, 2018 of the Government on administrative penalties in the fields of accounting and independent auditing, and Decree No. 102/2021/NĐ-CP dated November 16, 2021 of the Government amending and supplementing certain articles of Decrees on administrative penalties in the fields of tax, invoices; customs; insurance business, lottery business; management and use of state assets; thrift and waste prevention; national reserves; state treasury shall be applied to resolve such cases.

Article 44. Responsibility for Implementation

1. The Minister of Finance is responsible for organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.

 

Place of Receipt: - Central Party Committee Secretariat; - Prime Minister, Deputy Prime Ministers; - Ministries, ministerial-level agencies, agencies under the Government; - Provincial People's Councils, Provincial People's Committees; - Central Party Office and Party Committees; - General Secretary's Office; - President's Office; - National Assembly Ethnic Committee and relevant Committees; - National Assembly's Office; - Supreme People's Court; - Supreme People's Procuracy; - State Audit Office; - Central Committee of the Vietnam Fatherland Front; - VPCP: Deputy Chairman, all Vice Chairmen, Assistants to the Prime Minister, Director of the Government Portal, all Departments, Bureaus, subordinate units, Official Gazette; - To be filed: VT, KTTH ( ).

PRIME MINISTER DEPUTY PRIME MINISTER DEPUTY PRIME MINISTER Ho Duc Phoc