Vietnam: How are acts of using illegal invoices or evidencing documents and acts of illegally using invoices or evidencing documents?

Recently, the Government of Vietnam has issued the Decree No. 125/2020/NĐ-CP regulating administrative penalties for tax or invoice-related violations. This Decree has specified acts of using illegal invoices or evidencing documents and acts of illegally using invoices or evidencing documents.

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Specifically, according to the Decree No. 125/2020/NĐ-CP of Vietnam’s Government, acts of using illegal invoices or evidencing documents and acts of illegally using invoices or evidencing documents are detailed in the table below:

No.

Using illegal invoices or evidencing documents

Using invoices or evidencing documents

01

Counterfeit invoices and evidencing documents

Invoices or evidencing documents that do not contain all compulsory contents as prescribed; invoices on which information is erased or corrected in breach of regulations

02

Invoices and evidencing documents not yet valid or expired

Fraudulent invoices or evidencing documents (i.e. invoices or evidencing documents containing details about goods and services which are not partially or entirely rendered); invoices incorrectly reflecting amounts due, or invoices issued as fraudulent, false or fake ones

03

Invoices suspended during the period of enforcement of the invoice suspension penalty, except those permitted for use according to a tax authority's notice

Invoices with discrepancies in amounts paid for goods or services rendered, or discrepancies in required data fields between an invoice’s copies

04

E-invoices which are not registered with any tax authority

Issued invoices reused with fictitious information for the purpose of transporting goods at the circulation stage or invoices for goods or services which are used for evidencing the rendering of the other goods or services

05

E-invoices of which tax authority's codes have not yet been granted if they are subject to the regulation under which e-invoices with tax authority’s codes are required

Invoices or evidencing documents of other entities or persons (except if invoices are received from tax authorities and issued under trust) used for certifying the purchased goods or services or the sold goods or services

06

Invoices for purchase of goods or services with the invoicing date specified thereon which falls within the period from the date on which a tax authority determines that the seller is not doing business at the address registered with a competent regulatory authority

Invoices or evidencing documents in the case where the tax, police or other regulatory authority concludes that they are used illegally

07

Invoices or evidencing documents for purchase of goods or services with the invoicing date before the date on which it is determined that the invoicing party are not doing business at the address registered with a competent regulatory authorities or, though the invoicing party’s notification of the closing of their business at the address already registered with the competent regulatory authority has not been sent to the tax authority, the tax authority or the police authority or other regulatory agency establishes that they are illegal

 

Penalties for the above acts are specified in Article 28 of Decree No. 125/2020/NĐ-CP of Vietnam’s Government. Specifically, fines ranging from VND 20,000,000 to VND 50,000,000 shall be imposed for the act of using illegal invoices or using invoices illegally. Concurrently, compelling the cancellation of used invoices.

Le Hai

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