How are penalties for preparing payment documents/vouchers inconsistently with Vietnam’s regulations?

On December 19, 2019, the Minister of Finance of Vietnam issued the Circular No. 87/2019/TT-BTC providing guidance on penalties for administrative violations in the state treasury sector.

According to Article 4 of the Circular No. 87/2019/TT-BTC of the Ministry of Finance of Vietnam, acts of preparing payment documents/vouchers inconsistently with regulations and preparing payment documents/vouchers whose contents are different from those of original documents/vouchers shall be determined according to Clause 1, Clause 2 and Clause 3 Article 55 of Decree No. 63/2019/NĐ-CP of Vietnam’s Government. Preparing documents/vouchers which are intended for requesting the State Treasury to make payment but whose contents are inaccurate compared with those of the original documents/vouchers, if not liable to criminal prosecution, is an administrative violation determined after obtaining official conclusions from a competent criminal presiding agency.

xu phat hanh vi lap ho so chung tu sai che do, Thong tu 87/2019/TT-BTC

Specific fine imposed on each determined violation is as follows:

a) A fine of VND 1,500,000 shall be imposed for committing the violation prescribed in Clause 1 Article 55 of the Decree No. 63/2019/NĐ-CP if there are no aggravating or mitigating factors.

b) A fine of VND 4,500,000 shall be imposed for committing one of the violations prescribed in Clause 2 Article 55 of the Decree No. 63/2019/NĐ-CP if there are no aggravating or mitigating factors.

c) A fine of VND 3,000,000 shall be imposed for committing the violation prescribed in Clause 3 Article 55 of the Decree No. 63/2019/NĐ-CP if there are no aggravating or mitigating factors.

Moreover, the remedial measures specified in Clause 4 Article 55 of Decree No. 63/2019/NĐ-CP shall be taken against the violations which are detected after the State Treasury has made payments.

View more details at the Circular No. 87/2019/TT-BTC of the Ministry of Finance of Vietnam, effective from February 01, 2020.

Thu Ba

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