On November 16, 11, the Government issued Decree 2021/102/ND-CP amending and supplementing Decrees on sanctioning of administrative violations in the fields of tax, invoice, customs, insurance business insurance, lottery business, management and use of public property, thrift practice, anti-waste, national reserve, State treasury, independent accounting and auditing.
Points to note to sanction audited accountants #
In Article 5 of Decree 102/2021/ND-CP amending and supplementing a number of articles of Decree 41/2018/ND-CP dated March 12, 3 of the Government on regulations on sanctioning of administrative violations in in the field of accounting and independent audit", in which there are some new contents to note as follows:
Amending and supplementing Clause 3, Article 3, Decree 41/2018/ND-CP to add explanations on the time of termination of administrative violations to calculate the statute of limitations for sanctioning is:
- The time when the organization or individual completes the professional process and job requirements in accordance with the law on accounting and independent audit;
- When organizations or individuals terminate their violations to strictly comply with the provisions of the law on accounting and auditing, the person competent to sanction administrative violations shall base themselves on the provisions of the law on accounting and auditing. audit, independent audit, records, documents and details of each specific case to determine whether the violation has ended or the violation is in progress.
At the same time, additional regulations: To consider whether an administrative violation has ended or is in progress, in addition to the regulations on the time of termination of the administrative violation to calculate the above-mentioned sanctioning statute of limitations. , agencies and persons competent to sanction administrative violations shall base themselves on the provisions of law on accounting, independent audit, records, documents and details of each specific case to determine acts of administrative violation. the violation has ended or the violation is in progress.
In addition, amending a number of articles related to the level of fines in the field of accounting, independent audit and the competence to sanction administrative violations.
Decree 102/2021/ND-CP also amends and supplements many other Decrees, including amending and supplementing a number of articles of Decree 125/2020/ND-CP dated October 19, 10. The Government on regulations on sanctioning administrative violations on taxes and invoices with some notable contents such as:
- The statute of limitations for sanctioning administrative violations on invoices is 02 years (instead of 01 year as currently).
- Supplementing regulations on sanctioning for the act of making invoices that do not fully write the mandatory contents on invoices according to regulations with a fine of from VND 4.000.000 to VND 8.000.000, etc.
- A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for losing, burning, or damaging invoices already made or declared during use or during storage, except for the case specified in Clauses 1 and 2 of this Article. 3, 26, 125 Article 2020 of Decree XNUMX/XNUMX/ND-CP.
Full text content details #
For full information of Decree 102/2021/ND-CP and regulations affecting your financial accounting management, please click on the link below.
VVietnam is the destination of a lot of investment flows from abroad, so tightening management, transparency of information in financial statements, compliance with Standards, reflecting nature rather than form is imperative. must perform, as well as require businesses to enhance compliance in production and business activities. In addition to the content of the article, if businesses still have problems that need support, please contact EXPERTIS's Consulting Department for support.
