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Decree No. 125/2020/ND-CP dated October 19th, 2020 in 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, except for administrative violations linked to charges and fees; administrative violations linked to 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.
In comparison with the present regulations, the most fine levels imposed on administrative penalties for tax or invoice-related violations are not changed. Especially, in the tax field, they are VND 200 million (for organizations) and VND 100 million (for folks); in the invoice field, they’re VND 100 million (for organizations) and VND 50 million (for folks).
However, this Decree adds newer and more effective acts regarded as “using illegal invoices” including: using e-invoices who are not registered with any tax authority; using e-invoices ones tax authority’s codes have not yet been granted based on regulations; use of invoices together with the invoicing date following your date on what a tax authority determines that the seller is just not conducting business in the address registered with a competent regulatory authority, etc.
These acts are viewed to be “illegally using invoices”: usage of invoices that will not contain all compulsory contents as prescribed; use of invoices with discrepancies in amounts taken care of services or goods rendered, or discrepancies in required data fields between an invoice’s copies.
Any administrative violation together with the underpaid tax amount, the evaded tax amount, the higher-than-prescribed volume of tax exemption, reduction or refund that is at least VND 100 million, or perhaps the worth of goods or services rendered that’s no less than VND 500 million, will probably be determined like 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 work from December 5th, 2020.
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