What are administrative fines for failing to comply with audit decisions in Vietnam?

What are administrative fines for failing to comply with audit decisions in Vietnam?

Pursuant to Clause 2 Article 11 of the Ordinance prescribing penalties for administrative violations against regulations on state audit in 2023 stipulating violations against regulations on submission of periodical reports as follows:

Failure to sign audit records or comply with audit decisions

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failing to sign audit records as prescribed by the State Auditor General.

2. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for failing to comply with audit decisions.

Pursuant to Clause 2 Article 7 of the Ordinance prescribing penalties for administrative violations against regulations on state audit in 2023 stipulating as follows:

Fines and power to impose fines

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2. The fines prescribed in Chapter II herein are imposed for administrative violations committed by individuals. The fine imposed upon an organization is twice as much as that imposed upon an individual for committing the same administrative violation.

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As regulations above, a fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for failing to comply with audit decisions. The fine imposed upon an organization is twice as much as that imposed upon an individual for committing the same administrative violation.

What are the fines for obstructing the performance of duties by the State Audit Office of Vietnam and state auditors?

Pursuant to Clause 2 Article 12 of the Ordinance prescribing penalties for administrative violations against regulations on state audit in 2023 stipulating bribing heads, deputy heads or members of audit delegations, leaders of audit teams; obstructing performance of duties by State Audit Office of Vietnam as follows:

Squaring or bribing heads, deputy heads or members of audit delegations, leaders of audit teams; obstructing performance of duties by State Audit Office of Vietnam

A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following violations:

1. Using money, property, and other financial benefits worth less than VND 2,000,000 to square or bribe the head, deputy head and/or member(s) of an audit delegations or leader of an audit team;

2. Obstructing the performance of duties by the State Audit Office of Vietnam and state auditors.

Pursuant to Clause 2 Article 7 of the Ordinance prescribing penalties for administrative violations against regulations on state audit in 2023 stipulating as follows:

Fines and power to impose fines

...

2. The fines prescribed in Chapter II herein are imposed for administrative violations committed by individuals. The fine imposed upon an organization is twice as much as that imposed upon an individual for committing the same administrative violation.

...

As regulations above, a fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for obstructing the performance of duties by the State Audit Office of Vietnam and state auditors.

The fine imposed upon an organization is twice as much as that imposed upon an individual for committing the same administrative violation.

What are administrative violations in state audit sector in Vietnam?

Pursuant to Article 5 of the Ordinance prescribing penalties for administrative violations against regulations on state audit in 2023 stipulating administrative violations in state audit sector in Vietnam as follows:

- Prohibited acts:

+) Refusing to provide information, documents serving the audit at the request of SAV and state auditors;

+) Obstructing the work of SAV and state auditors;

+) Making false, untruthful, insufficient, unpunctual reports, or failure to provide objective information about the audit carried out by SAV;

+) Giving bribes to state auditors and collaborators;

+) Shielding violations against regulations of law on public finance and/or public property.

+) Every organization and individual is prohibited to illegally intervene the audit and audit result of SAV, state auditors, and collaborators.

- Violations against regulations on obligations and responsibilities of audited units:

+) Comply with the audit decision.

+) Promptly, adequately make and send financial statements, reports on use of capital, project management; revenue and expenditure plan, report on execution and statement of budget to SAV on request.

+) Promptly and adequately provide information, documents serving the audit at the request of SAV and state auditors; take responsibility for the accuracy, truthfulness, and objectiveness of the information, documents provided.

+) Respond and explain the issues related to the audit contents at the request of the audit delegation and state auditors.

+) Sign the audit record.

+) Comply with opinions given by SAV with regard to management, use of public finance and/or public property; take measures for overcoming the weaknesses according to the opinions of SAV; submit a written report on compliance with such opinions to SAV.

+) Comply with opinions given by SAV while awaiting settlement of complaints, unless State Auditor General or a competent authority suspends the implementation of opinions given by SAV.

+) At the end of the budget year, budget estimate units level I of central government budget, the People’s Committees of provinces, and audited units shall send their financial statements, state budget statements, and budget estimates of the next year to SAV.

+) The Ministry of Finance, Departments of Finance of provinces shall send reports on execution of budget estimates in the year to SAV.

+) State Auditor General shall specify time and location for receiving reports as prescribed by law.

- Violations against regulations on responsibilities of agencies, organizations and individuals related to state audit activities:

+) Entities relevant to state audit activities have the responsibility to promptly and adequately provide information, documents serving the audit at the request of SAV and state auditors; take responsibility for the accuracy, truthfulness, and objectiveness of the information, documents provided.

+) Relevant entities have the responsibility to comply with opinions given by SAV and send reports to SAV.

+) The Ministry of Finance, the Ministry of Planning and Investment, other agencies of the Government, the People’s Committees of provinces have the responsibility to promptly and adequately provide information, documents for SAV to propose opinions of SAV to the National Assembly for consideration and decision of state budget estimates, allocation of central government budget, contents of investment in National target programs, projects of national importance, and approval for state budget statements.

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