Decree 132/2026/ND-CP amend Decree 41/2018/ND-CP on sanctioning of administrative violations in accounting and independent audit

DECREE

Amending and supplementing a number of articles of the Government's Decree No. 41/2018/ND-CP dated March 12, 2018, on sanctioning of administrative violations in the fields of accounting and independent audit

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law No. 15/2012/QH13 on Handling of Administrative Violations; Law No. 67/2020/QH14 on Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations; Law No. 88/2025/QH15 on Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations;

Pursuant to the Law No. 88/2015/QH13 on Accounting;

Pursuant to the Law No. 56/2024/QH15 Amending and Supplementing a Number of Articles of the Law on Securities, Accounting Law, Law on Independent Audit, Law on the State Budget, Law on Management and Use of Public Properties, Law on Tax Administration, Law on Personal Income Tax, Law on National Reserves, and Law on Handling of Administrative Violations;

Pursuant to the Anti-Money Laundering Law No. 14/2022/QH15;

Pursuant to the Counter-Terrorism Law No. 28/2013/QH13;

At the proposal of the Minister of Finance;

The Government hereby promulgates the Decree amending and supplementing a number of articles of the Government's Decree No. 41/2018/ND-CP dated March 12, 2018, on sanctioning of administrative violations in the fields of accounting and independent audit.

Article 1. Amending and supplementing Clause 3 Article 3

“3. The statute of limitations for sanctioning an administrative violation in the field of accounting is counted as follows:

a) For a completed act of administrative violation, the statute of limitations is counted from the time when the act of violation stops;

b) For an in-progress act of administrative violation, the statute of limitations is counted from the time when the act of violation is detected;

c) For an act of administrative violation in accounting prescribed in this Decree, the time of termination of the administrative violation for calculation of the statute of limitations for sanctioning is:

The time when the organization or individual completes the professional process or work requirements in accordance with the law on accounting;

The time when the organization or individual terminates the act of violation in order to comply with the law on accounting.

d) For consideration of whether an act of administrative violation has been completed or is in-progress, in addition to Point c above, the agency or person competent to sanction administrative violations shall, based on the law regulations on accounting, dossiers, documents, and circumstances of each specific case, determine whether the act of violation has been completed or is in-progress.”.

Article 2. Amending and supplementing Clause 2 and Clause 3 Article 6

“2. The fine levels prescribed in Chapter II of this Decree are the fine levels applicable to organizations, except for the cases prescribed in Clause 1 Article 7; Article 8; Article 9; Article 10; Article 11; Article 13; Article 14; Article 15; Article 16; Article 17; Article 19; Clause 1 and Clause 3 Article 21; Article 22; Article 23; Article 24; Article 26; Article 33; Article 34; Article 35a, which are the fine levels applicable to individuals. For an organization committing the same act of administrative violation, the fine to be imposed is twice as heavy as that to be imposed on an individual violator.

3. The sanctioning competence of the titles prescribed in Chapter IV of this Decree is the competence applicable to one administrative violation committed by an individual. In case of imposition of fines, the competence to sanction organizations is twice higher than the competence to sanction individuals for such titles.”.

Article 3. Adding Section 8 and Article 35a Chapter II

“Section 8

ACTS OF VIOLATION AGAINST REGULATIONS ON PREVENTION AND COMBAT OF MONEY LAUNDERING, TERRORISM FINANCING AND FINANCING OF THE PROLIFERATION OF WEAPONS OF MASS DESTRUCTION IN BUSINESS OF ACCOUNTING SERVICES

Article 35a. Sanctioning of violations against regulations on prevention and combat of money laundering, terrorism financing and financing of the proliferation of weapons of mass destruction in business of accounting services

1. Sanctioning of violations against regulations on know-your-customer; regulations on risk assessment; regulations on classification of customers based on levels of money laundering risks

a) A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for any of the following acts of violation:

Failing to conduct know-your-customer activities; failing to update the know-your-customer information; failing to verify the know-your-customer information or conducting know-your-customer activities; updating the know-your-customer information; verifying the know-your-customer information not in accordance with law regulations on prevention and combat of money laundering, terrorism financing and financing of the proliferation of weapons of mass destruction;

Failing to update the blacklist;

Failing to conduct assessment or failing to update the results of assessment of risks of money laundering, terrorist financing, financing of the proliferation of weapons of mass destruction in accordance with law regulations;

Failing to report or disseminate the results of assessment and updating of risks of money laundering, terrorist financing, financing of the proliferation of weapons of mass destruction in accordance with law regulations.

b) A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for the act of failing to formulate or failing to promulgate risk management procedures, failing to classify customers based on levels of risks, or formulating risk management procedures, classifying customers based on levels of risks not in accordance with law regulations on prevention and combat of money laundering, terrorism financing and financing of the proliferation of weapons of mass destruction.

2. Sanctioning of acts of violation against internal regulations on prevention and combat of money laundering, terrorism financing and financing of the proliferation of weapons of mass destruction; regulations on retention, provision, and confidentiality assurance of information, dossiers, documents, and reports

a) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of the following acts of violation:

Failing to apply or applying improperly internal regulations in implementation of internal control and internal audit in accordance with law regulations on prevention and combat of money laundering, terrorism financing and financing of the proliferation of weapons of mass destruction;

Failing to apply internal regulations on assignment or failing to register assignment of persons, officers, or divisions in charge of prevention and combat of money laundering, terrorism financing and financing of the proliferation of weapons of mass destruction in accordance with law regulations on prevention and combat of money laundering, terrorism financing and financing of the proliferation of weapons of mass destruction;

Failing to apply or applying improperly internal regulations on training, fostering, and recruitment in accordance with law regulations on prevention and combat of money laundering, terrorism financing and financing of the proliferation of weapons of mass destruction.

b) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of failing to promulgate internal regulations or promulgating internal regulations not in accordance with law regulations on prevention and combat of money laundering, terrorism financing and financing of the proliferation of weapons of mass destruction;

c) A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for any of the following acts of violation:

Failing to provide in a timely manner information, dossiers, documents, and reports in accordance with law regulations on prevention and combat of money laundering, terrorism financing and financing of the proliferation of weapons of mass destruction, where such act is not yet subject to criminal prosecution.

Failing to retain or retaining incomplete information, dossiers, documents, and reports; retaining information, dossiers, and documents beyond the prescribed time limit in accordance with law regulations on prevention and combat of money laundering, terrorism financing and financing of the proliferation of weapons of mass destruction;

Failing to comply with regulations on keeping of confidentiality of know-your-customer information with respect to information, dossiers, documents, and reports related to transactions subject to reporting in accordance with law regulations on prevention and combat of money laundering, terrorism financing and financing of the proliferation of weapons of mass destruction.

3. Sanctioning of violations against regulations related to customers being foreign politically exposed persons

A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for the act of failing to comply with regulations related to customers being foreign politically exposed persons in accordance with the Anti-Money Laundering Law.

4. Sanctioning of violations against regulations on monitoring of special transactions

A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of failing to monitor special transactions in accordance with the Law on Anti-money Laundering.

5. Sanctioning of violations against regulations on reporting on high-value transactions, suspicious transactions, reporting suspicious acts related to terrorist financing, financing of the proliferation of weapons of mass destruction

a) A fine of between VND 8,000,000 and VND 12,000,000 shall be imposed for any of the following acts of violation:

Violating regulations on time limits or requirements on completeness and accuracy of reported information from the third occurrence onwards within a fiscal year with respect to reports on high-value transactions in accordance with law regulations on prevention and combat of money laundering, terrorism financing and financing of the proliferation of weapons of mass destruction;

Submitting reports with incomplete information in accordance with law regulations with respect to reports on suspicious transactions related to money laundering, terrorist financing, financing of the proliferation of weapons of mass destruction.

b) A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for any of the following acts of violation:

Failing to high-value transactions subject to reporting;

Failing to report suspicious transactions related to money laundering, terrorist financing, financing of the proliferation of weapons of mass destruction;

Failing to report upon suspicion that a customer or a customer’s transaction is related to terrorist financing, financing of the proliferation of weapons of mass destruction, or where the customer is included in the blacklist or designated list in accordance with the law regulations on prevention and combat of terrorism and law regulations on prevention and combat of financing of the proliferation of weapons of mass destruction.

6. Sanctioning of violations against regulations on prohibited acts in prevention and combat of money laundering and terrorism financing

a) A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for the act of obstructing the provision of information serving law regulations on prevention and combat of money laundering and terrorism financing;

b) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the act of illegally providing services of receiving cash, checks, other monetary instruments or value storage instruments and making payment to beneficiaries;

c) A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for any of the following acts of violation:

Organizing, participating in, or facilitating and assisting the commission of money laundering acts, where such act is not yet subject to criminal prosecution;

Establishing or maintaining business relations with a shell bank, where such act is not yet subject to criminal prosecution;

Failing to denounce terrorist financing acts, where such act is not yet subject to criminal prosecution;

Taking advantage of suspension of circulation, freezing, sealing, temporary seizure, or handling of money and assets related to terrorist financing to infringe upon the interests of the State, lawful rights and interests of agencies, organizations, and individuals, where such act is not yet subject to criminal prosecution;

Directly or indirectly providing money, assets, financial resources, economic resources, financial services, or other services to organizations or individuals related to terrorism or terrorist financing, where such act is not yet subject to criminal prosecution.

7. Organizations and individuals committing violations against regulations on prevention and combat of money laundering, terrorism financing and financing of the proliferation of weapons of mass destruction in accounting service business not yet prescribed in this Decree shall be sanctioned in accordance with Decree No. 340/2025/ND-CP dated December 25, 2025 of the Government on sanctioning of administrative violations in the monetary and banking sector.”.

Article 4. Amending and supplementing Chapter IV

“Chapter IV

COMPETENCE TO MAKE RECORDS AND IMPOSE SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN THE FIELD OF ACCOUNTING

Article 69. Competence to make records of administrative violations in the field of accounting

Persons competent to make records of administrative violations in accounting shall include:

1. Persons competent to sanction administrative violations in the field of accounting prescribed in this Decree.

2. Civil servants, public employees, and persons belonging to the People’s Army and the People’s Public Security forces who are performing official duties and tasks in accordance with law regulations or decisions of competent agencies or persons.

Article 70. Competence of heads of agencies performing the state management by sector and field and a number of other titles to sanction administrative violations

1. Directors of provincial-level Departments of Finance shall have the power to impose sanctions of administrative violations in the field of accounting as follows:

a) Impose a caution;

b) Impose a fine of up to VND 40,000,000;

c) Confiscate material evidences of administrative violation;

d) Deprive the right to use an accounting practice service registration certificate, a certificate of eligibility to provide accounting services for a definite time or suspend operations for a definite time;

dd) Apply the remedial measures specified in Article 5 of this Decree.

2. The Director General of the Department of Accounting and Auditing Regulations under the Ministry of Finance shall have the power to impose sanctions of administrative violations in the field of accounting as follows:

a) Impose a caution;

b) Impose a fine of up to VND 50,000,000;

c) Confiscate material evidences of administrative violation;

d) Deprive the right to use an accounting practice service registration certificate, a certificate of eligibility to provide accounting services for a definite time or suspend operations for a definite time;

dd) Apply the remedial measures specified in Article 5 of this Decree.

3. Heads of inspection teams established by heads of organizations under ministries or ministerial-level agencies performing state management of such ministries or ministerial-level agencies shall have the sanctioning competence specified in Clause 1 of this Article.

Heads of inspection teams established by Ministers or heads of ministerial-level agencies shall have the sanctioning competence specified in Clause 2 of this Article.

Article 70a. Competence to sanction administrative violations of the Inspectorate of the State Bank of Vietnam

1. Inspectors of the State Bank of Vietnam shall have the power to impose sanctions of administrative violation in the field of accounting as follows:

a) Impose a caution;

b) Impose a fine of up to VND 5,000,000;

c) Confiscate material evidences or means of administrative violations of a value not exceeding two times the fine level mentioned at Point b of this Clause.

2. The head of an inspection team established by the Chief Inspector of the Regional State Bank shall have the power to impose sanctions of administrative violation in the field of accounting as follows:

a) Impose a caution;

b) Impose a fine of up to VND 25,000,000;

c) Confiscate material evidences or means of administrative violations;

d) Apply the remedial measures specified in Article 5 of this Decree.

3. The Chief Inspector of the regional State Bank shall have the power to impose sanctions of administrative violation in the field of accounting as follows:

a) Impose a caution;

b) Impose a fine of up to VND 40,000,000;

c) Confiscate material evidences of administrative violation;

d) Deprive the right to use an accounting practice service registration certificate, a certificate of eligibility to provide accounting services for a definite time or suspend operations for a definite time;

dd) Apply the remedial measures specified in Article 5 of this Decree.

4. The Chief Inspector of the State Bank of Vietnam and the head of an inspection team established by the Chief Inspector of the State Bank of Vietnam shall have the power to:

a) Impose a caution;

b) Impose a fine of up to VND 50,000,000;

c) Confiscate material evidences of administrative violation;

d) Deprive the right to use an accounting practice service registration certificate, a certificate of eligibility to provide accounting services for a definite time or suspend operations for a definite time;

dd) Apply the remedial measures specified in Article 5 of this Decree.

Article 71. Competence of Chairpersons of People's Committees at all levels to sanction administrative violations

1. Chairpersons of People’s Committees of communes, wards and special zones shall have the power to impose sanctions of administrative violation in the field of accounting as follows:

a) Impose a caution;

b) Impose a fine of up to VND 25,000,000;

c) Confiscate material evidences of administrative violation;

d) Deprive the right to use an accounting practice service registration certificate, a certificate of eligibility to provide accounting services for a definite time or suspend operations for a definite time;

dd) Apply the remedial measures specified in Article 5 of this Decree.

2. Chairpersons of People’s Committees of provinces and centrally-run cities shall have the power to impose sanctions of administrative violations in the field of accounting as follows:

a) Impose a caution;

b) Impose a fine of up to VND 50,000,000;

c) Confiscate material evidences of administrative violation;

d) Deprive the right to use an accounting practice service registration certificate, a certificate of eligibility to provide accounting services for a definite time or suspend operations for a definite time;

dd) Apply the remedial measures specified in Article 5 of this Decree.

Article 71a. Handling of administrative violations in the electronic environment

The handling of administrative violations under this Decree in the electronic environment shall be carried out in accordance with Article 18a of the Law on Handling of Administrative Violations and Article 28a and Article 28b of Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government detailing a number of articles and measures for implementation of the Law on Handling of Administrative Violations, which was amended and supplemented by Decree No. 68/2025/ND-CP dated March 18, 2025 of the Government and Decree No. 190/2025/ND-CP dated July 01, 2025 of the Government.”.

Article 5. Effect

1. This Decree takes effect on May 21, 2026.

2. In case the legal normative documents referenced for application in this Decree are amended, supplemented or replaced, those amending, supplementing or replacing documents shall be applied.

Article 6. Responsibility of implementation

1. The Minister of Finance shall be responsible for providing guidance and organizing the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces and centrally-run cities, and related organizations and individuals shall implement this Decree.