Sanction of acts violating provisions on practicing accountancy

Article 15. Sanction of acts violating provisions on practicing accountancy

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1. A fine of between VND 20,000,000 and 30,000,000 for any of the following acts:

a) Practicing accountancy without registering the accounting service business;

b) Representatives at law of the accounting service-providing enterprises have no accountancy practice certificates;

c) Practicing accountancy while failing to ensure operation conditions according to regulations but still providing accounting services;

d) Individuals practicing accountancy without accountancy practice certificates;

dd) Accepting to work as hired accountants while currently are Parents, spouses, children or siblings of the persons responsible for management of the accounting units, including chief accountants or have economic, financial relations or inadequate professional capability; or accepting to work as hired accountants at requests of the accounting units, which are contrary to the accounting occupational ethics and professional operations;

e) Leasing or lending accountancy practice certificates.

2. Additional sanctions:

Deprive of the right to use the accounting practice certificates for persons practicing accounting from 01 month to 03 months; suspension of provision of accounting service for organizations providing accounting service from 01 month to 03 months, in case of violation specified in point e Clause 1 of this Article.

3. Remedial measures:

Forcible remittance of illicit earnings from the commission of administrative violations specified in points a, c, d, dd, e Clause 1 of this Article.

Article 16. Sanction of acts violating provisions on application of accounting standards, accounting regime and of other regulations

1. A fine of between VND 5,000,000 and 10,000,000 for any of the following acts:

a) Failing to register or notify the accounting regime applied in the unit within the prescribed time limit, for cases subject to registration or notification to competent State bodies;

b) Wrongly applying regulations on script, numerals; monetary unit or accounting period.

2. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for acts of letting other subjects use the bank deposit accounts or State treasury deposit accounts of the units for receipt and transfer of money for monetary activities in violation of the regulations on financial, budget and capital use management as well as provisions of law on prevention of money laundering.

Article 17. Sanction of acts violating in organization of the chief-accountant retraining courses and grant of the retraining certificates of chief accountant

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1. A warning or a fine of between VND 500,000 and 1,000,000 shall be imposed for the training establishments conducting one of the following violations:

a) Failing to send to the Ministry of Finance a full dossier of documents before opening courses;

b) Organizing a chief-accountant retraining course of more than 100 trainees;

c) Organizing a chief-accountant retraining course with duration of more than 6 months;

d) Failing to notify, report to the Ministry of Finance contents related to courses according to regulations.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the training establishments conducting one of the following violations:

a) Failing to ensure content, program and duration of course for trainees according to regulations;

b) Violations in using documents of retraining chief accountant;

c) Storing records involving courses insufficiently and wrongly with time according to regulations.

3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for the training establishments conducting one of the following violations:

a) Opening the chief-accountant retraining courses while establishments are not eligible;

b) Opening the chief-accountant retraining courses for foreigners without acceptance of the Ministry of Finance;

c) Granting the chief-accountant certificates for trainees who fail to meet criteria or conditions;

d) Granting the retraining certificates of chief-accountant for trainees who have inconsistent examination results;

dd) The training establishments fail to manage the blank prints and fail to grant the retraining certificates of chief accountant rightly with regulations of the Ministry of Finance.

4. Forcible remittance of illicit earnings from the commission of administrative violations specified in points a, b, c, d Clause 3 of this Article.