Points It Is Advisable To Be Informed About Administrative Penalties For Tax Or Invoice-Related Violations In Vietnam

Decree No. 125/2020/ND-CP dated October 19th, 2020 from 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 linked to fees and charges; administrative violations in connection with taxes on exported or imported goods that 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 with the existing regulations, the maximum fine levels imposed on administrative penalties for tax or invoice-related violations are certainly not changed. In particular, in the tax field, they are VND 200 million (for organizations) and VND 100 million (for folks); from the invoice field, they may be VND 100 million (for organizations) and VND 50 million (for folks).

However, this Decree adds new acts regarded as being “using illegal invoices” for example: utilization of e-invoices which aren't registered with any tax authority; use of e-invoices of which tax authority’s codes have not yet been granted in accordance with regulations; use of invoices with all the invoicing date following your date on what a tax authority determines the seller just isn't conducting business at the address registered having a competent regulatory authority, etc.
These acts are viewed to be “illegally using invoices”: using invoices that won't contain all compulsory contents as prescribed; use of invoices with discrepancies in amounts purchased goods or services rendered, or discrepancies in required data fields between an invoice’s copies.
Any administrative violation using the underpaid amount of taxes, the evaded amount of taxes, the higher-than-prescribed amount of tax exemption, reduction or refund that is at the very least VND 100 million, or the valuation on services or goods rendered that is at least VND 500 million, will be determined as being a large-scale tax-related administrative violation.
Regarding invoice-related violation, any administrative violation involving no less than 10 invoice numbers shall be determined being a large-scale invoice-related administrative violation.
This Decree shall be effective from December 5th, 2020.
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