The Director of the Accounting and Auditing Supervision Department affirmed that signatures on accounting documents are not required to be 100% identical; even slight differences in slant, length, or other features can result in penalties, as is currently being discussed in the media.
A signature that doesn't match the sample will result in a fine.
Public opinion is currently abuzz with the regulations in Decree 41/2018/ND-CP, effective from May 1st, which stipulates a fine of 5-10 million VND for signatures on accounting documents that are inconsistent with or do not match the registered signature mẫu.
Speaking with a reporter from Nguoi Dong Hanh (The Companion), Mr. Vu Duc Chinh, Director of the Accounting and Auditing Management and Supervision Department (Ministry of Finance), stated that the fine of 5-10 million VND is only applied when there is intentional conduct of transactions using inconsistent signatures or signatures that do not match the registered mẫu (template).
"This means that both parties proceed with the transaction even if the signature doesn't match the registered template (if any) or if the person's signature on the document is completely unrecognizable. Such behavior is clearly wrong," Mr. Chinh explained. Once the transaction is completed, if the inspector discovers intentional misconduct, they will draw up a report and impose penalties based on the actual circumstances.
"It's not the case that you should be immediately fined just because you see a document with a different signature, as some people have suggested. I affirm that signatures on accounting documents are not required to be exactly the same; even a slight difference in slant, length, or width can result in a fine," the Director emphasized.
Therefore, Mr. Chinh believes that the terminology in Decree 41/2018/ND-CP must be clearly and distinctly understood. The Decree does not use the phrase "signatures are not the same" but states that a person's signature is "inconsistent" or "does not conform to the signature registration book".
"Inconsistent" or "not matching the registration" means that when looking at the signature, the reader cannot recognize it or confirm that it is the signature of the person who was identified. Therefore, the regulations in Decree 41 should not be interpreted mechanically as meaning that signatures on accounting documents must be 100% identical in every detail.
In reality, the requirement for "unified signatures" here mainly applies to handwritten signatures on documents. As for electronic signatures, each signature issued to an individual or organization is uniquely encoded using digital technology. Therefore, there is no such thing as an approximate match; if it doesn't match, the signature is completely incorrect.
Mr. Chinh stated that requiring a consistent signature ensures the legality of accounting documents and avoids the risk of signature forgery, especially for accounting documents involved in transaction and payment processes. The requirement for consistent signatures on accounting documents was clearly stated in the 2003 Accounting Law and continued in the 2015 Accounting Law.
Regarding the feedback that the requirement for signature samples to be registered would create difficulties for small businesses, many of which only hire tax reporting services at the end of each month, and that registration would result in a large number of signatures, Mr. Chinh clarified that this is not a mandatory requirement.
“Some entities that frequently interact with customers, such as banks, will require business owners or those who regularly transact with them to register their signature samples for security purposes. When these entities request it, customers must register their signature samples. If the signature does not match the registered sample, the bank will return the document, and the customer must create a new document, ensuring the signature is consistent with the registration,” the Director explained…www.expertis.vn
