What are the fines for damaging accounting documents in Vietnam?

What are the fines for damaging accounting documents in Vietnam?

Pursuant to Clause 2, Article 15 of the Decree 41/2018/ND-CP stipulating penalties for violations against regulations on retention of accounting documents in Vietnam as follows:

2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for one of the following violations:

a) Failure to retain accounting documents in full;

b) Damage or loss of accounting documents during the retention period;

c) Using accounting documents against regulations during the retention period;

d) Failure to inventory and sort accounting documents or to restore lost or damaged ones.

Pursuant to Clause 2, Article 6 of the Decree 41/2018/ND-CP (amended by Clause 2, Article 5 of the Decree 102/2021/ND-CP) stipulating as follows:

2. The fines specified in Chapter II and Chapter III of this Decree are imposed upon organizations except cases specified 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; Clauses 1 and 3 of Articles 21; Article 22; Articles 23; Article 24; Article 26; Article 33; Article 34; Clauses 1 and 3 Article 36; Clauses 1 Article 38; Clauses 2 and 3 Article 39; Clauses 1 and 2 Article 48; Clause 1 Article 57; Clauses 1 and 2 Article 61; Article 67, which are fines that apply to individuals. For organizations with the same violations, the fines will double those of individuals.

As regulations above, L has committed the act of damaging accounting documents during the storage period, so he will be fined from VND 5,000,000 to VND 10,000,000.

Is damaging accounting documents subject to criminal liability in Vietnam?

Pursuant to Article 221 of the Criminal Code in 2015 (amended by Clause 3.dd, Article 2 of the Amendments to the Criminal Code in 2017) stipulating offences against regulations of law on accounting that lead to serious consequences as follows: 

1. A person who abuses his/her position or power to commit any of the following acts and causes damage assessed at from VND 100,000,000 to under VND 300,000,000 or under VND 100,000,000 while having incurred a disciplinary penalty for the same offence shall face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonment:

a) Forging, falsifying accounting documents or colluding with, forcing another person to do so;

b) Inciting, colluding with or forcing another person to provide or certify incorrect accounting information and data;

c) Omitting assets of or related to the accounting unit from its accounting books;

d) Destroying or deliberately damaging accounting documents before expiration of retention period prescribed in the Law on Accounting;

dd) Making two or more accounting book systems to omit assets, capital sources, funds of the accounting unit from its accounting books.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 12 years' imprisonment:

a) The offence is committed for self-seeking purposes;

b) The offence is committed by an organized group;

c) The offence involves the use of deceitful methods;

d) The offence results in damage from VND 300,000,000 to under VND 1,000,000,000.

3. If the damage caused by the offence is assessed at VND 1,000,000,000 to over, the offender shall face a penalty of 10 - 20 years' imprisonment.

4. The offender might also be prohibited from holding certain positions or doing certain works for 01 - 05 years or have all or part of his/her property confiscated.

As regulations above, anyone damaging accounting documents during the retention period shall face a penalty up to 20 years' imprisonment. The offender might also be prohibited from holding certain positions or doing certain works for 01 - 05 years or have all or part of his/her property confiscated.

Best regards!