Vietnam: Cases where accountants are not fined despite of making mistakes related to invoices

No.

Case

Legal basis

1

In cases of self-printing invoices or creating e-invoices ensured compulsory contents as above-prescribed but there are lack of or incorrectness of other contents, providing that insufficient or incorrect contents on an invoice have been supplemented and ensured a complete reflection of economic professions incurred

Point b.1 Clause 1 Article 6 of Circular No. 10/2014/TT-BTC of the Ministry of Finance of Vietnam 

2

A warning shall be imposed in the case that the customer and the printer of invoices have signed the annexes of the contract to supplement the contents or the invoice-printing organization which printed the ordered invoices itself has signed a decision to supplement the contents before the tax agency declares the inspection decision

Point b.1 Clause 1 Article 7 of Circular No. 10/2014/TT-BTC amended by Clause 1 Article 1 of Circular No. 176/2016/TT-BTC of the Ministry of Finance of Vietnam

3

A warning will be imposed if the loss, fire or damage of the invoice before the notification on issuance is declared to the tax agency from the 6th day to the 10th day since the date of loss, fire or damage of the invoice and there is a mitigating circumstance; In case there is none of mitigating circumstance, a sanction will be imposed at the minimum rate of the fine frame

Point b Clause 3 Article 7 of Circular No. 10/2014/TT-BTC

4

A warning for the act of delayed reporting on the invoice printing after 5 days, since the expired date of the reporting

Point a Clause 1 Article 8 of Circular No. 10/2014/TT-BTC

5

A warning for the act of delayed reporting on the invoice printing from the 6th day to the end of the 10th day, since the expired date of the reporting and there is a mitigating circumstance

Point b Clause 1 Article 8 of Circular No. 10/2014/TT-BTC

6

A warning will be imposed if the loss, fire or damage of purchased invoices which have not been used, is declared to the competent tax agency from the 6th day to the 10th day, since the date of the loss, fire or damage of invoices and there is a mitigating circumstance

Point b Clause 2 Article 9 of Circular No. 10/2014/TT-BTC

7

A warning will be imposed on the act of failing to write enough compulsory contents as prescribed, except cases of invoices which are unnecessary writing enough contents according to guidance of the Ministry of Finance, if such contents do not affect the determination of tax obligations and there is a mitigating circumstance.

Where organizations or individuals have issued invoices but not enough compulsory contents as prescribed , discovered and issued new invoices themselves to amend or supplement compulsory contents as prescribed, then no sanction will be imposed.

Point a Clause 1 Article 11 of Circular No. 10/2014/TT-BTC

8

A warning will be imposed if the making of invoices do not comply with provisions on the time, causing a delay in performing tax obligations and there is a mitigating circumstance

Point a.1 Clause 3 Article 11 of Circular No. 10/2014/TT-BTC

9

A warning will be imposed if the making of invoices are carried out continuously according to the ascending order but in different books (the book with bigger serial numbers is firstly used), organizations or individuals have destroyed (not using) the book with smaller serial numbers after discovering

Point b.1 Clause 3 Article 11 of Circular No. 10/2014/TT-BTC

10

A warning will be imposed if the date stated on the used invoice is earlier than the date of buying such invoice from the competent tax agency but the organization or the individual declared and paid taxes on the tax declaration period exactly on the date stated on the used invoice

Point c.1 Clause 3 Article 11 of Circular No. 10/2014/TT-BTC

11

A warning will be imposed if the making of false invoices as prescribed and delivered to the buyer or declared taxes, the buyer and the seller discover the making of false invoices and correct invoices are issued again as prescribed before the competent tax agency notify its inspection or examination decision and without prejudice to the determination of tax obligations

Point e.1 Clause 3 Article 11 of Circular No. 10/2014/TT-BTC

12

A warning shall be imposed on the submission of notices/reports to tax agencies in the 1st date to the 10th date as from the deadline prescribed, not applicable to notices of invoice issuance

Point a Clause 2 Article 13 of Circular No. 10/2014/TT-BTC amended by Clause 7 Article 1 of Circular No. 176/2016/TT-BTC