What are interest amounts on late payment of fines for invoice-related administrative violations in Vietnam?

What are interest amounts on late payment of fines for invoice-related administrative violations in Vietnam?

Based on Article 42 of Decree 125/2020/ND-CP, as amended and supplemented by Clause 5, Article 1 of Decree 102/2021/ND-CP, the specific regulations on interest amounts on late payment for tax or invoice-related administrative violations are as follows:

Interest amounts on late payment of fines for tax or invoice-related administrative violations

1. Calculating interest amounts on late payment

a) Organizations and individuals that delay the payment of penalties for administrative violations on taxes, invoices shall have a late payment fee calculated at 0.05% per day, based on the overdue fine amount.

b) The number of days for the late payment penalty includes holidays and rest days as per policies and is calculated from the day after the deadline for penalty payment to the day before the organization or individual submits the penalty payment to the state budget.

2. No late payment fee is charged in the following cases:

a) During the time of deferred enforcement of the penalty decision;

b) During the time of consideration, decision to reduce or exempt the penalty;

c) If the penalty is not yet due in cases where penalties are allowed to be paid in installments.

3. In cases where organizations or individuals do not voluntarily pay the penalty or late payment penalty to the state budget, the tax authorities directly managing those organizations or individuals are responsible for notifying and urging them to pay the penalty and late payment penalty as per regulations.

Thus, according to the above regulations, the late payment penalty for administrative violations related to invoices is calculated at 0.05% per day based on the overdue fine amount.

Note:

The number of days for the late payment penalty includes holidays and rest days as per policies and is calculated from the day after the deadline for penalty payment to the day before the organization or individual submits the penalty payment to the state budget.

What are interest amounts on late payment of fines for invoice-related administrative violations in Vietnam? (Image from Internet)

What are penalties for violations against regulations on the transfer of e-invoice data in Vietnam?

Based on Article 30 of Decree 125/2020/ND-CP, specific regulations on the penalties for violations related to transfer of e-invoice data are as follows:

[1] A fine ranging from 2,000,000 VND to 5,000,000 VND for acts of transmitting electronic invoice data to the tax authority beyond the deadline from 01 to 05 working days after the stipulated deadline.

[2] A fine ranging from 5,000,000 VND to 8,000,000 VND for one of the following acts:

- Transmitting electronic invoice data to the tax authority beyond the deadline from 06 to 10 working days after the stipulated deadline;

- Transmitting incomplete electronic invoice data summaries with respect to the issued invoices during the period.

[3] A fine ranging from 10,000,000 VND to 20,000,000 VND for one of the following acts:

- Transmitting electronic invoice data to the tax authority beyond the deadline from 11 working days or more after the stipulated deadline;

- Failing to transmit electronic invoice data to the tax authority within the stipulated timeframe.

[4] Remedial measures: Forced transmission of electronic invoice data to the tax authority for the act specified in point b, clause 2 and point b, clause 3, Article 30 of Decree 125/2020/ND-CP.

What are penalties for violations against regulations on cancellation, destruction or elimination of invoices in Vietnam?

Based on Article 27 of Decree 125/2020/ND-CP, specific regulations on penalties for violations pertaining to cancellation, destruction or elimination of invoices are as follows:

[1] Warning for acts of cancelling or destroying invoices beyond the timeframe from 01 to 05 working days after the deadline to cancel or destroy invoices as stipulated, with mitigating circumstances.

[2] A fine ranging from 2,000,000 VND to 4,000,000 VND for one of the following acts:

- Failing to properly cancel issued invoices that have not been made, invoices no longer valid for use;

- Not cancelling issued invoices that have not been made, not valid for use; not cancelling invoices purchased from the tax authority that have expired;

- Cancelling or destroying invoices beyond the timeframe from 01 to 10 working days after the deadline for invoice cancellation or destruction as per regulations, except as stipulated in clause 1 of this Article.

[3] A fine ranging from 4,000,000 VND to 8,000,000 VND for one of the following acts:

- Cancelling or destroying invoices beyond the timeframe from 11 working days or more after the deadline for invoice cancellation or destruction as per regulations;

- Not cancelling or destroying invoices as required by law;

- Not cancelling e-invoices in case of errors after the tax authority notifies the seller regarding error checking and correction;

- Not cancelling printed invoices that are not yet issued but are no longer used as regulated;

- Cancelling or destroying invoices not in accordance with procedures or regulations by law;

- Destroying invoices not in alignment with cases mandatory for destruction as regulated.

[4] Remedial measures: Mandatory cancellation or destruction of invoices for acts specified at point b, clause 2, point b, c, d, clause 3, Article 27 of Decree 125/2020/ND-CP.