Details It's Important To Know About 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, with the exception of administrative violations in connection with fees and charges; administrative violations related to taxes on exported or imported goods which 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. 
 
In comparison with the present regulations, the most fine levels imposed on administrative penalties for tax or invoice-related violations usually are not changed. Particularly, within the tax field, these are VND 200 million (for organizations) and VND 100 million (for people); in the invoice field, they may be VND 100 million (for organizations) and VND 50 million (for individuals). 
 
However, this Decree adds some new acts thought to be “using illegal invoices” including: utilization of e-invoices which are not registered with any tax authority; utilization of e-invoices ones tax authority’s codes have not yet been granted based on regulations; utilization of invoices with all the invoicing date as soon as the date on which a tax authority determines how the seller is just not conducting business at the address registered using a competent regulatory authority, etc. 
 
These acts are thought being “illegally using invoices”: utilization of invoices that will not contain all compulsory contents as prescribed; usage of invoices with discrepancies in amounts purchased services or goods rendered, or discrepancies in required data fields between an invoice’s copies. 
 
Any administrative violation using the underpaid amount of taxes, the evaded tax amount, the higher-than-prescribed amount of tax exemption, reduction or refund that is no less than VND 100 million, or the value of services or goods rendered which is no less than VND 500 million, shall be determined like a large-scale tax-related administrative violation. 
 
Intended for invoice-related violation, any administrative violation involving a minimum of 10 invoice numbers will probably be determined as a large-scale invoice-related administrative violation. 
 
This Decree shall be effective from December 5th, 2020. 
 
 
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