Determining the Time for Calculating the Statute of Limitations for Administrative Sanctions in the Field of Accounting
Article 3 of Decree 41/2018/ND-CP on regulations for administrative penalties in the field of accounting and independent auditing stipulates:
The statute of limitations for administrative penalties in the field of accounting is 2 years.
The statute of limitations for administrative penalties in the field of independent auditing is 1 year.
3. The time to calculate the statute of limitations for administrative penalties as stipulated in Clauses 1 and 2 of this Article is regulated as follows:
a) For administrative violations that have been completed, the statute of limitations is calculated from the time the violation ends;
b) For ongoing administrative violations, the statute of limitations is calculated from the time the violation is detected.
In cases of administrative penalties against individuals that are referred by judicial authorities, the statute of limitations shall apply as stipulated in Clauses 1, 2, and 3 of this Article. The time spent by judicial authorities reviewing and processing is included in the statute of limitations for administrative penalties.
Within the time frames stipulated in Clauses 1, 2, and 3 of this Article, if an individual or organization deliberately evades or obstructs the penalty, the statute of limitations for administrative penalties will be recalculated from the time the act of evasion or obstruction ceases.
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