Increase the statute of limitations for sanctioning administrative violations on invoices in Vietnam

Increase the statute of limitations for sanctioning administrative violations on invoices in Vietnam
Bao Ngoc

On November 16, 2021, the Government of Vietnam promulgated Decree 102/2021/ND-CP amending and supplementing a number of articles of the Decrees on sanctioning of administrative violations in the field of taxes and invoices; customs, insurance business, lottery business…

According to the Decree, increasing the time for sanctioning administrative violations on invoices, specifically:

From January 1, 2022, the statute of limitations for sanctioning administrative violations on invoices is 2 years.

(Currently, Decree 125/2020/ND-CP stipulates that the statute of limitations for sanctioning is 01 year).

In addition, Decree 102/2021 of Vietnam supplements regulations on sanctioning acts of losing, burning, or damaging invoices as follows:

- A fine ranging from VND 4,000,000 to VND 8,000,000 shall be imposed for one of the following acts:

+ Losing, burning or damaging invoices that have been issued or purchased from tax authorities but have not yet been made;

+ Losing, burning or damaging the invoice that has been issued (remitted to the customer) in the course of use, the seller has declared and paid tax, has documents, documents and vouchers to prove the purchase and sale of goods, service;

+ Losing, burning or damaging invoices that have been made but have not yet declared tax;

The parties involved must make a record of the loss, fire or damage of the invoice.

(The act of "losing, burning or damaging invoices that have been made but have not yet declared tax" is added, and at the same time requires the parties to make a record of the incident).

Decree 102/2021/ND-CP of Vietnam takes effect from January 1, 2022.

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