Notes

Details You Have To Be Informed On Administrative Penalties For Tax Or Invoice-Related Violations In Vietnam





Decree No. 125/2020/ND-CP dated October 19th, 2020 of the Government on regulating administrative penalties for tax or invoice-related violations





This Decree sets out regulations on administrative penalties for tax or invoice-related violations, apart from administrative violations in connection with fees and charges; administrative violations associated with taxes on exported or imported goods ones collection is managed by customs authorities and violations against regulations on tax registration procedures, notification of temporary business suspension or premature business continuation conducted with business registration.

When compared to the actual regulations, the utmost fine levels imposed on administrative penalties for tax or invoice-related violations aren't changed. Specifically, within the tax field, they're VND 200 million (for organizations) and VND 100 million (for individuals); from the invoice field, they may be VND 100 million (for organizations) and VND 50 million (for folks).

However, this Decree adds newer and more effective acts considered to be “using illegal invoices” like: utilization of e-invoices which aren't registered with any tax authority; using e-invoices of which tax authority’s codes haven't been granted as outlined by regulations; use of invoices with the invoicing date following your date which a tax authority determines that the seller isn't doing work on the address registered using a competent regulatory authority, etc.

These acts are thought being “illegally using invoices”: using invoices that do not contain all compulsory contents as prescribed; usage of invoices with discrepancies in amounts covered services or goods rendered, or discrepancies in required data fields between an invoice’s copies.

Any administrative violation together with the underpaid amount of taxes, the evaded tax amount, the higher-than-prescribed volume of tax exemption, reduction or refund that is at least VND 100 million, or even the valuation on goods or services rendered which is at least VND 500 million, will be determined as being a large-scale tax-related administrative violation.

With regard to invoice-related violation, any administrative violation involving at least 10 invoice numbers should be determined like a large-scale invoice-related administrative violation.

This Decree shall take effect from December 5th, 2020.


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