Crime of Violating State Regulations on Accounting Causing Serious Consequences
Article 221 of the 2015 Criminal Code provides for the crime of violating State regulations on accounting causing serious consequences as follows:
1. Any person who abuses his/her position or authority to commit any of the following acts, causing damage from VND 100,000,000 to under VND 300,000,000, or causing damage under VND 100,000,000 but having already been disciplined for the same act and reoffends, shall be subject to non-custodial reform for up to 03 years or imprisonment from 01 year to 05 years:
a) Falsifying, fabricating, colluding to falsify or fabricating, or coercing others to falsify, fabricate, erase, or alter accounting documents;
b) Inducing, colluding, or coercing others to provide or certify false accounting information or figures;
c) Leaving assets of the accounting unit or assets related to the accounting unit off the accounting books;
d) Destroying or intentionally damaging accounting documents before the expiry of the retention period prescribed by the Law on Accounting;
đ) Preparing two or more sets of financial accounting books with the intent to leave assets, capital sources, or funds of the accounting unit off the accounting records.
2. The offence shall be punishable by 03 to 12 years’ imprisonment if committed under any of the following circumstances:
a) For self-seeking motives;
b) In an organized manner;
c) Using sophisticated or cunning methods;
d) Causing damage from VND 300,000,000 to under VND 1,000,000,000.
3. If the offence causes damage of VND 1,000,000,000 or more, the offender shall be sentenced to 10 to 20 years’ imprisonment.
4. The offender may also be prohibited from holding certain positions or performing certain jobs for 01 to 05 years, or have part or all of his/her property confiscated.
