Competence to make the administrative violation minutes in domains of accounting and independent audit

Article 54. Competence to make the administrative violation minutes in domains of accounting and independent audit

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Persons competent to make the administrative violation minutes in domains of accounting and independent audit include:

1. Persons competent to sanction administrative violations in domains of accounting and independent audit specified in Article 55, Article 56 of this Decree.

2. Civil servants, public employees, officers of the People’s Public Security, officers of People’s Army, who are assigned task of inspection, examination over organization and implementation of accounting work, accounting professional activities; implementation of inspection, examination of audit activities, control of audit service quality, audit professional operation, when being on duty, will be entitled to make minutes on administrative violation under their assigned scope of implementing public duties and tasks.

Article 55. The financial inspectorates’ competence of sanctioning administrative violations

1. The financial inspectorates at all levels shall have the powers to sanction administrative violations in domains of accounting and independent audit as follows:

a) Impose warning;

b) A maximum fine of VND 500,000 for individuals and VND 1,000,000 for organizations infringing administratively;

2. The Chief Inspectors of Financial Departments shall have the powers to sanction administrative violations in domains of accounting and independent audit as follows:

a) Impose warning;

b) A maximum fine of VND 25,000,000 for individuals and VND 50,000,000 for organizations infringing administratively;

c) Applying the additional sanctions and remedies specified in this Decree.

3. The Chief Inspector of the Finance Ministry shall have the powers to sanction administrative violations in domains of accounting and independent audit as follows:

a) Impose warning;

b) A fine of up the highest level specified in this Decree, for individuals and organizations infringing administratively;

c) Applying the additional sanctions and remedies specified in this Decree.

Article 56. The People’s Committees at all levels’ competence of sanctioning administrative violations

1. The presidents of the People’s Committees in communes, wards and townships (referred collectively to as the commune-level People’s Committees) shall have the powers to sanction administrative violations in accounting as follows:

a) Impose warning;

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b) A maximum fine of VND 5,000,000 for individuals and VND 10,000,000 for organizations infringing administratively;

2. The presidents of the People’s Committees of rural districts, urban districts and provincial towns and cities (referred collectively to as the district-level People’s Committees) shall have the powers to sanction administrative violations in accounting as follows:

a) Impose warning;

b) A maximum fine of VND 25,000,000 for individuals and VND 50,000,000 for organizations infringing administratively;

c) Applying the additional sanctions and remedies specified in this Decree.

3. The presidents of the People’s Committees of provinces and centrally-run cities (referred collectively to as the provincial-level People’s Committees) shall have the powers to sanction administrative violations in domains of accounting and independent audit as follows:

a) Impose warning;

b) A fine of up the highest level specified in this Decree, for individuals and organizations infringing administratively;

c) Applying the additional sanctions and remedies specified in this Decree.