How much is the fine for failing to transfer e-invoice data to the tax authorities in Vietnam?

How much is the fine for failing to transfer e-invoice data to the tax authorities in Vietnam?

Based on Article 30 of Decree 125/2020/ND-CP, which regulates penalties for transferring e-invoice data to the tax authorities late as follows:

Penalties for violations related to the transfer of e-invoice data

1. A fine from 2,000,000 VND to 5,000,000 VND will be imposed for the act of transferring e-invoice data to the tax authorities from 01 to 05 working days late, counting from the expiration date as regulated.

2. A fine from 5,000,000 VND to 8,000,000 VND will be imposed for one of the following acts:

a) Transferring e-invoice data to the tax authorities from 06 to 10 working days late, counting from the expiration date as regulated;

b) Transferring a summary of e-invoice data that does not include all the invoices issued during the period.

3. A fine from 10,000,000 VND to 20,000,000 VND will be imposed for one of the following acts:

a) Transferring e-invoice data to the tax authorities from 11 working days onward late, counting from the expiration date as regulated;

*b) failing to transfer e-invoice data to the tax authorities within the prescribed time frame.

4. Remedial measures: Compulsory transfer of e-invoice data to the tax authorities for violations stipulated at Point b, Clause 2, and Point b, Clause 3 of this Article.

Accordingly, based on the above regulations, the act of failing to transfer e-invoice data to the tax authorities within the prescribed time can be fined from 10 million VND to 20 million VND.

Additionally, the act of failing to transfer e-invoice data to the tax authorities must also face remedial measures of mandatorily transferring e-invoice data to the tax authorities.

Note: The above penalties apply to organizations, households, family businesses; individual violators will be fined at half of the above rate.

How much is the fine for failing to transfer e-invoice data to the tax authorities in Vietnam? (Image from the Internet)

Who is eligible to apply e-invoices when selling goods or providing services in Vietnam?

Based on the regulation in Article 91 of the Tax Administration Law 2019, the entities eligible to apply e-invoices when selling goods or providing services include:

- Enterprises, economic organizations using e-invoices with tax authority codes when selling goods or providing services regardless of the value of each transaction, except for cases specified in Clause 2 and Clause 4 of Article 91 Tax Administration Law 2019.

- Enterprises operating in sectors such as electricity, petroleum, post and telecommunications, clean water supply, finance-credit, insurance, health services, e-commerce, supermarket commerce, air transport, road, railway, sea, and inland water transport, and enterprises and economic organizations that have or will conduct transactions with tax authorities via e-means, develop information technology infrastructure, have accounting software systems, e-invoice software to meet the generation, search, storage of e-invoice data according to regulations, and ensure data transmission to buyers and tax authorities will be allowed to use e-invoices without a code from tax authorities when selling goods or providing services, regardless of the value of each transaction, except for high tax risk cases as stipulated by the Minister of Finance and cases registered for using e-invoices with a tax authority code.

- Business households, individuals falling under the provisions of Clause 5 Article 51 of the Tax Administration Law 2019 and other cases where revenues can be determined upon selling goods or services using e-invoices with a tax authority code when selling goods or providing services.

- Business households, individuals not meeting conditions to use e-invoices with tax authority codes as stipulated in Clause 1 and Clause 3 of Article 91 Tax Administration Law 2019 yet requiring invoices to give to customers, or cases where businesses, economic organizations, or other entities are granted e-invoices by tax authorities per transaction and must declare and pay taxes before tax authorities issue e-invoices for each transaction.

Is it allowed to write decimal numbers on e-invoices in Vietnam?

Based on Point b, Clause 13, Article 10 of Decree 123/2020/ND-CP stipulating the content of invoices:

Content of the invoice

...

13. Writings, numbers, and currency represented on invoices

a) The language displayed on invoices is Vietnamese. In cases where foreign language writings are necessary, the foreign language scripts are to be placed on the right within parentheses ( ) or immediately below the Vietnamese line with a smaller font size than that of the Vietnamese. In cases where the text on the invoice is in Vietnamese without accents, the texts must ensure that it does not lead to misunderstanding of the invoice content.*

b) The numbers displayed on invoices are Arabic numerals: 0, 1, 2, 3, 4, 5, 6, 7, 8, 9. Sellers can choose: after the thousands, million, billion, trillion, quadrillion numbers, a dot (.) must be placed, if there is a digit following the unit digit, a comma (,) must be placed after the unit digit or comma (,) separator may be used for thousands, million, billion, trillion, quadrillion numbers, and a dot (.) used after the unit numbers on accounting documents.

c) The currency recorded on invoices is Vietnamese Dong, national symbol is “đ” (đồng).

- In cases where economic and financial transactions occur in foreign currencies in compliance with foreign exchange laws, the unit price, taxable amount, total value-added tax by each tax rate, the total value-added tax, and the total payment amount can be recorded in foreign currency, the currency unit is noted in the foreign currency denomination. The seller also presents the exchange rate between foreign currency and Vietnamese dong on the invoice according to the regulations under the Tax Administration Law and guiding documents.

- Foreign currency codes follow international standards (example: 13,800.25 USD - Thirteen thousand eight hundred US dollars and twenty-five cents, example: 5,000.50 EUR - Five thousand euros and fifty cents).

- When selling goods in foreign currency according to foreign exchange laws and tax payment is made in foreign currency, the total payment amount displayed on the invoice will be in foreign currency, not required to be converted to VND.

Thus, the above regulations allow for the listing of decimal numbers in invoices, including e-invoices.

Therefore, representing decimal numbers on an e-Invoice is consistent with legal regulations.