Uni 19-09-2013 - Guidance on administration violation penalty in accounting, independent auditing fields

Government has just issued Decree No.105/2013/NĐ-CP regulating administration violation penalty about accounting, independent auditing including 11 violation behaviors in accounting field and 36 11 violation behaviors in independent auditing field.

Some accounting penalty spotlights should be noted as follows:

• Violation of accounting vouchers:

• Erasing, repairing vouchers: Erasing, repairing the accounting vouchers is fined from 500,000 VND to 1,000,000 VND
• Prepare accounting documents without enough copies; Sign accounting vouchers that is not authorized or non-authorized is fined from 5,000,000 VND to 10,000,000 VND
• Fake, false of accounting vouchers; Prepare accounting vouchers with dissimilar contents among the copies, do not prepare accounting vouchers for the incurred accounting operations have penalty from 20,000,000 VND to 30,000,000 VND

• Violation of ledgers:

• Prepare ledger with incomplete contents such as date, month and year, date, month, year of closing; signature of preparer, chief accountants and legal representatives of the accounting entity; no page numbers, no overlapping seal between the pages of ledger are fined from 500,000 VND to 1,000,000 VND
• No accounting documents proving the information and data recorded in the ledger or ledger figures wrong with vouchers, not print out ledgers after closing book in computer or not fully signed and sealed as prescribed are fined from 5,000,000 VND to 10,000,000 VND
• Open ledger outside the formal system of an entity; Deliberately not record assets of an entity out of ledger or its related assets are fined from 20,000,000 VND to 30,000,000 VND

• Violation of accounts:

• Accounts record is not regulations of accounts fined from 5,000,000 VND 10,000,000 VND

• Violation of financial statements, finalization statement and publication of financial statements

• Submit financial statements, finalization statements delayed from 01 month to 03 months under deadline are fined from 5,000,000 to 10,000,000.
• Submit financial statements, finalization statements later than 03 months within the period prescribed; Prepare financial statements with wrong data of ledgers and vouchers; submit financial statements without accompanied audit report for the cases that law stipulates to audit are fined from 20,000,000 VND to 30,000,000 VND

• Violation of accounting documents archive:

• Removing the accounting documents before the expiry of the stipulated archive is fined from 10,000,000 VND to 20,000,000 VND.

• Violation of physical counts of assets:

• Do not conduct physical counts of assets at the end of the accounting period or not perform physical counts of assets in other cases as prescribed are fined from 3,000,000 VND  to 5,000,000 VND.

This Decree takes effect from December 1, 2013 in replacement of Decree No. 185/2004/ND-CP, Decree No. 39/2011/ND-CP