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Statute of limitations for handling administrative violations

At article 4, Decree No.  105/2013/ND-CP dated September 16, 2013 of the Government on penalizing administrative violations in accounting and independent audit, pescribe :

1. Statute of limitations for sanctioning administrative violations in domain of accounting will be 2 years;

2. Statute of limitations for sanctioning administrative violations in domain of independent audit will be 1 year;

3. Time to calculate the statute of limitations for sanctioning administrative violations specified in Clause 1, Clause 2 of this Article is defined as follows:

a) For an act of administrative violation already ended, statute of limitations is calculated from time of ending act of violation.

b) For an act of administrative violation currently being performed, statute of limitations is calculated from time of detecting act of violation.

4. In case of sanctioning administrative violations for individuals which are transferred by the agencies conducting the proceedings, statute of limitations will comply with provisions in Clause 1, Clause 2 and Clause 3 of this Article. Duration for the agencies conducting the proceeding to process and consider will be included in statute of limitations for sanctioning administrative violations.

5. In time limit prescribed in Clause 1, Clause 2 and Clause 3 of this Article, if individuals or organizations deliberately shirk or obstruct the sanction, statute of limitations for sanctioning administrative violations will be recounted, starting from the time of termination of acts of shirking or obstructing sanction.

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