VietnameseTo determine the illicit profits earned through the commission of administrative violations
According to the Circular No. 149/2014/TT-BTC dated October 10, 2014 of the Ministry of Finance on prescribing illicit profits earned through the commission of administrative violations for forfeiture into the state budget, illicit profits earned through the commission of administrative violations include: Money, Valuable papers, Assets and valuables.
For illicit monetary profits, grounds for determining the money amount earned by an organization or individual through the commission of administrative violations shall be equal to (=) the quantity of goods, the volume of services that have been transferred, consumed, dispersed or destroyed contrary to the regulation, multiply by (x) the unit price. Within that, the quantity of goods, the volume of services shall be determined on a basis of declaration of the violating organizations and individuals and the inspection, verification of persons competent to handling violations; unit price shall be determined on a basis of dossiers and documents of the violating organizations and individuals or the market price of similar goods and services.
Earned illicit profit amounts that are valuable papers mean the whole valuable papers that an organization or individual earned through the commission of administrative violations. Such amounts shall be determined by the total value at par value of each type of valuable papers with the same par value. If the valuable papers are transferred, the amount of illicit profits shall be determined by the actual money amount collected at the time of transfer. If the valuable papers are destroyed, the amount of illicit profits shall be determined according to the book value of the organization issuing valuable papers at the time of destruction.
Similarly, if an earned asset or valuable is not banned goods, smuggled goods or counterfeit goods that have been transferred, consumed or destroyed before the time the competent persons issue decisions on handling such goods, the amount of illicit profits shall be determined by the amount of money with equivalent value to the market value of an asset or valuable of the same type or determined by the book value of such asset or valuables (if there is no market value), etc. If an asset or valuable is banned goods, smuggled goods or counterfeit goods that have been transferred or consumed before the time the competent person issues a decision on handling such goods, the amount of illicit profits shall be determined by the total amount of money that an organization or individual receives when transferring.
This Circular takes effect on November 25, 2014.
Circular 149/2014/TT-BTC DOC (Word)
Circular 149/2014/TT-BTC PDF (Original)
Circular 149/2014/TT-BTC ZIP (Word)
