What is the maximum fine for administrative violations committed by individuals regarding state audit in Vietnam?

What is the maximum fine for administrative violations committed by individuals regarding state audit in Vietnam?

Pursuant to Article 7 of the Ordinance prescribing penalties for administrative violations against regulations on state audit in 2023 (effective from 01/05/2023) stipulating the maximum fine for administrative violations committed by individuals regarding state audit in Vietnam as follows:

Fines and power to impose fines

1. The maximum fine for an administrative violation in state audit sector imposed upon an individual is VND 50,000,000; that imposed upon an organization is VND 100,000,000.

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.

3. The fines imposed by the persons specified in Article 16 herein are those imposed upon administrative violations in state audit sector committed by individuals; the fine such a person may impose upon an organization is twice as much as that imposed upon an individual.

As regulations above, the maximum fine for administrative violations committed by individuals regarding state audit in Vietnam is VND 50,000,000.

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 (effective from 01/05/2023) 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 perform the task of proposing 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.

What are remedial measures for administrative violations in state audit sector in Vietnam?

Pursuant to Article 6 of the Ordinance prescribing penalties for administrative violations against regulations on state audit in 2023 (effective from 01/05/2023) stipulating penalties and remedial measures for administrative violations in state audit sector in Vietnam as follows:

Penalties and remedial measures

1. When committing any administrative violation in state audit sector, the violating entity shall be liable to one of the following primary penalties:

a) A warning; or

b) A fine.

2. Remedial measures imposed for administrative penalties in state audit sector include:

a) Enforced correction of false, inaccurate or untruthful information, documents or data;

b) Enforced transfer of any illegal profits earned from administrative violations in state audit sector to state budget.

As regulations above, remedial measures imposed for administrative penalties in state audit sector include:

- Enforced correction of false, inaccurate or untruthful information, documents or data;

- Enforced transfer of any illegal profits earned from administrative violations in state audit sector to state budget.

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