Vietnam: Common mistakes related to invoices that accountants need to avoid

VIOLATION

FINE

LEGAL BASIS

Making, sending notifications and reports to tax authorities (except for the notice of invoice issuance)

Making and sending incorrect or insufficient announcements/ reports as regulated to tax agencies

VND 200,000 - VND 1,000,000

Clause 7 Article 3 of Decree No. 49/2016/NĐ-CP of Vietnam’s Government

Submitting notifications or reports to the tax authority 10 after the deadline

VND 2,000,000 - VND 4,000,000

Clause 2 Article 40 of Decree No. 109/2013/NĐ-CP of Vietnam’s Government

Failing to submit reports or notifications to the tax authority. The notification or report is considered not submitted if it is not sent to the tax authority after 20 days from the deadline, except for the notice of invoice issuance.

VND 4,000,000 - VND 8,000,000

Clause 3 Article 40 of Decree No. 109/2013/NĐ-CP

Acts violating provisions on the use of invoices in goods sale and service provision

Failing to write enough compulsory contents on invoices as prescribed, except cases of invoices which are unnecessary writing enough contents according to guidance of the Ministry of Finance

VND 200,000 - VND 1,000,000

Point b Clause 1 Article 11 of Circular No. 10/2014/TT-BTC of the Ministry of Finance of Vietnam

Failing to destroy or to destroy improperly invoices issued but no longer be valid as prescribed

VND 2,000,000 - VND 4,000,000

Clause 2 Article 11 of Circular No. 10/2014/TT-BTC

Making invoices out without complying with provisions on the time

VND 4,000,000 - VND 8,000,000

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

Making invoices out with serial numbers not in ascending order

The date stated on the used invoice is earlier than the date of buying such invoice from the competent tax agency

Making invoices out but do not deliver to buyers, except cases in which invoices stated clearly that buyers do not get invoices or invoices are made according to the list

Failing to make the list or failing to make the general invoices in accordance with legal provisions on invoices for selling goods and providing services

Making false invoices out in accordance with legal provisions on invoices for selling goods and providing services and delivered to buyers or declared taxes

Causing the loss, fire or damage of issued invoices but have not been used yet or have been used (the customer’s sheet) but the customer has not received the invoice yet when the time of reserve has not come yet, except cases of loss, fire or damage of invoices due to natural disasters or fires

VND 10,000,000 - VND 20,000,000 

Clause 4 Article 11 of Circular No. 10/2014/TT-BTC

Failing to give an invoice for selling goods or providing services which has an amount of VND 200,000 or more to the buyer as prescribed

Using invoices illegally

VND 20,000,000 - VND 50,000,000

Clause 5 Article 11 of Circular No. 10/2014/TT-BTC

Using invoices illegally

Violations against regulations on issuing invoices

Submission of announcement of changing information in the announcement of invoice issuance to the current supervisory tax agency, and submission of the list of unused invoices to the new supervisory tax agency where the enterprise’s head office is moved to are made after 10 days from the date on which invoices are firstly issued under new address

VND 500,000 - VND 1,500,000 

Clause 2 Article 3 of Decree No. 49/2016/NĐ-CP

Use of invoices of which the announcement of issuance has been sent to the tax agency before the regulated period (05 days from the date on which the announcement of invoice issuance is sent)

Failure to make the announcement of invoice issuance with sufficient information as regulated

VND 2,000,000 - VND 4,000,000

Clause 3 Article 3 of Decree No. 49/2016/NĐ-CP

Failure to post the announcement of invoice issuance as regulated

Submitting announcement of changing information in the announcement of invoice issuance to the current supervisory tax agency, and the list of unused invoices to the new supervisory tax agency where the enterprise’s head office is moved to after 20 days from the date on which invoices are firstly issued under new address

Failing to make the notice of invoice issuance before putting the invoices into use if they are associated with the operations on which taxes are declared and paid as prescribed

VND 6,000,000 - VND 18,000,000

Clause 2 Article 37 of Decree No. 109/2013/NĐ-CP

Acts of violating provisions on sales and purchases of invoices

Failing to cancel purchased invoices which were expired

VND 2,000,000 - VND 4,000,000

Clause 1 Article 9 of Circular No. 10/2014/TT-BTC

Failing to declare on the loss of purchased invoices but haven’t been used

If the loss, fire or damage of the purchased invoices which have not been used, must be declared with the competent tax agency within 05 days, since the date of the loss, fire or damage of the invoice

No fines

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

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

- A warning

- In case of no any mitigating circumstance, a minimum fine of VND 6,000,000 will be imposed.

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

After the 10th day since the date of the loss, fire or damage of the invoices

VND 6,000,000 - VND 8,000,000

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

Selling, giving purchased invoices which have not been used

VND 20,000,000 - VND 50,000,000

Clause 3 Article 9 of Circular No. 10/2014/TT-BTC