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Sanction of acts violating provisions on financial statements, settlement reports and disclosure of financial statements

At article 10, Decree No.  105/2013/ND-CP dated September 16, 2013 of the Government on penalizing administrative violations in accounting and independent audit, pescribe :

 

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

a) Failing to make or making financial statements with insufficient contents according to regulations;

b) Making and presenting financial statements without observing the prescribed method; with unclear or contradictory contents according to regulations;

c) Submitting financial statements, settlement reports to competent State bodies between one and three months later than the set deadline;

d) Disclosing financial statements with insufficient contents according to regulations, including: the annual settlements of state budget revenue and expenditure, and other financial revenues and expenditures; situation of assets, payable debts, equity capital, result of business operation, setting up and use of funds, incomes of laborers;

dd) Disclosing financial statements later than one to three months in comparison with the set deadline.

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

a) Submitting financial statements, settlement reports to competent State bodies more than three months later than the set deadline;

b) Making financial statements at variance with the figures on accounting books and accounting vouchers;

c) Forging financial statements, falsifying figures in financial statements;

d) Reaching agreement with or compelling other persons to forge financial statements, falsify figures in financial statements;

dd) Deliberately reaching agreement with or compelling other persons to provide or certify untrue information, accounting figures;

e) Disclosing financial statements more than three months later than the set deadline;

g) Information and figures in the disclosed financial statements are untrue;

h) Submitting financial statements to competent state agencies without enclosed audit reports for cases where audit is required in accordance with law.

3. Additional sanctions:

a) Deprive of the right to use the accountancy practice certificates for persons practicing accountancy from 01 month to 03 months; suspension of provision of accounting service for organizations providing accounting service from 01 month to 03 months, in cases of violations stated in points b, c, d, dd, g Clause 2 of this Article;

b) Confiscation of financial statements for violations specified at Points b, c, d, dd Clause 2 of this Article.

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