Sanctions for violations in accounting field

5/10/2021

For accounting works, enterprises have to ensure their compliance with regulations regarding accounting vouchers, accounting books, chart of accounts, presentation of financial statements, submitting and disclosing financial statements, copying and sealing accounting documents, monitoring accounting system, preserving and archiving accounting documents, counting assets, setting up the accounting department, and recruiting accountants or hiring accountants ...

Sanctions for violations in accounting works are specified in the Decree 41/2018/ND-CP and related regulations. You can scan some main contents as below or see the related documents here.

Types of penalties for violations

Article 4. Penalties 

1. Primary penalties:

For each administrative violation regulated by this Decree, the violator will receive either: 

a) a warning; or 

b) a fine. 

2. Additional penalties: 

Depending on the nature and seriousness of the violation, the entity who commits administrative violations regulated by this Decree may also incur one or several additional penalties as specified below: 

a) Suspension of certificate of registration for accounting practice or certificate of registration for auditing practice for 3-6 months. 

b) Suspension of certificate of eligibility for providing accounting services or certificate of eligibility for providing audit services for 1-2 months; 

c) Suspension from running refresher courses for 1-3 months; 

d) Confiscation of evidence of administrative violations. 

 

Article 5. Remedial measures 

Entities who commit administrative violations regulated by this Decree, in addition to incurring penalties specified in Article 4 of this Decree, may also be required to: 

1. Add missing contents of accounting records; 

2. Destroy forged or falsified accounting records; 

3. Make records for economic/financial transactions that have not had those before; 

4. Destroy the excess accounting records. 

5. Add missing contents of accounting books; 

6. Adjust the accounting book to the actual data in case of no accounting record backing up the existing figures or the accounting book’s figures do not match those of the accounting records; 

7. Adjust the accounting book to the actual data if the accounting books’ figures lack continuity between consecutive years; 

8. Add omitted assets and liabilities belonging or related to the accounting unit to the accounting book; 

9. Restore the accounting book; 

10. Make and present financial statements which conform to accounting regulations and standards; 

11. Submit and disclose the audit statement attached to the financial statement; 

12. Rectify false or misleading information; 

13. Appoint or hire accountants, chief accountants and accounting managers who meet all standards and conditions; 

14. Return illegal profits earned by administrative violations. 

Specific penalties for violations in accounting works

Article 7. Penalties for violations against accounting law’s general provisions 

Article 8. Penalties for violations against regulations on accounting records 

Article 9. Penalties for violations against regulations on accounting books 

Article 10. Penalties for violations against regulations on accounts 

Article 11. Penalties for violations against regulations on creation and presentation of financial statements 

Article 12. Penalties for violations against regulations on submission and disclosure of financial statements 

Article 13. Penalties for violations against regulations on duplication of and sealing accounting documents 

Article 14. Penalties for violations against regulations on accounting inspection 

Article 15. Penalties for violations against regulations on retention of accounting documents 

Article 16. Penalties for violations against regulations on stocktaking 

Article 17. Penalties for violations against regulations on organization of accounting apparatus, appointing or hiring accountants 

Please download Decree 41/2018 / ND-CP here to see details.