15:30, 21/10/2020
This is a notable content of Decree No. 125/2020/NĐ-CP prescribing administrative penalties for tax or invoice-related violations issued by the Government of Vietnam on October 19, 2020. According to this Decree, new fines for causing the loss, burning, cancellation, destruction or elimination of invoices will apply from December 05, 2020.
Article table of contents
According to Articles 26, 27 of Decree No. 125/2020/NĐ-CP of Vietnam’s Government prescribing administrative penalties for tax or invoice-related violations, penalties for causing the loss, burning, cancellation, destruction or elimination of invoices will apply from December 05, 2020 (replacing Decree No. 109/2013/NĐ-CP amended by Decree No. 49/2016/NĐ-CP of Vietnam’s Government), specifically as follows:
No.
|
Violation
|
Penalty
|
Remedy
|
Causing the loss, burning or damage of invoices
|
1
|
Causing the loss, burning or damage of issued invoices (except the replicas intended for clients) during use, or of invoices already used for tax declaration or payment purposes, even though documents or records evidencing the sale of goods or the provision of services exist and such violation is committed under mitigating circumstances.
|
Warning
(VND 4,000,000 - VND 8,000,000 previously)
|
No
|
2
|
Causing the loss, burning or damage of invoices with incorrect or deleted information though sellers issue other replacement invoices.
|
3
|
Causing the loss, burning or damage of issued invoices (the replicas intended for clients) during use although sellers have already declared or paid taxes based on these invoices, or have had documents or records evidencing the sale of goods or the provision of services, and such violation is committed under mitigating circumstances.
If such loss, burning or damage takes place through the buyer's fault, both the seller and the buyer must keep a record of such incident.
|
VND 3,000,000 - VND 5,000,000
(VND 4,000,000 - VND 8,000,000 previously)
|
No
|
4
|
Causing the loss, burning or damage of invoices already released or purchased from tax authorities even though they have not been issued yet.
|
VND 4,000,000 - VND 8,000,000
(remained)
|
No
|
5
|
Causing the loss, burning or damage of issued invoices (the replicas intended for clients) during use although sellers have already declared or paid taxes, or have had documents or records evidencing the sale of goods or the provision of services.
If such loss, burning or damage takes place through the buyer's fault, both the seller and the buyer must keep a record of such incident.
|
6
|
Causing the loss, burning and damage of issued invoices, or invoices already submitted for completion of tax declaration or payment procedures, or those are in use or storage.
|
VND 5,000,000 - VND 10,000,000
(VND 4,000,000 - VND 8,000,000 previously)
|
No
|
Cancellation, destruction or elimination of invoices
|
7
|
Canceling or destroying invoices from 1 to 5 days after expiry of the regulated time limit under mitigating circumstances.
|
Warning
(completely new provision)
|
No
|
8
|
Canceling invoices released but not issued, or invalidated invoices, in breach of regulations.
|
VND 2,000,000 - VND 4,000,000
(completely new provision)
|
No
|
9
|
Failing to cancel invoices released but not issued yet, or invalidated invoices, or failing to cancel invoices purchased from tax authorities but expired (remained).
|
Compelling the cancellation or destruction of invoices
|
10
|
Canceling or destroying invoices from 1 to 10 working days after expiry of the regulated time limit.
|
No
|
11
|
Canceling or destroying invoices at least 11 working days after expiry of the regulated time limit.
|
VND 4,000,000 - VND 8,000,000
(completely new provision)
|
No
|
12
|
Failing to cancel or destroy invoices in accordance with laws.
|
Compelling the cancellation or destruction of invoices
|
13
|
Failing to cancel e-invoices containing defects after being issued after expiry of the time limit for tax authorities’ issuing notification of these defects to sellers.
|
Compelling the cancellation or destruction of invoices
|
14
|
Failing to cancel externally ordered invoices not released yet but no longer used according to regulations.
|
Compelling the cancellation or destruction of invoices
|
15
|
Canceling or destroying invoices in breach of procedures or processes prescribed by laws.
|
No
|
16
|
Destroying invoices though these invoices are not classified as those subject to destruction under laws.
|
No
|
Note: In the cases of loss, burning or damage of invoices which is caused through the third party’s fault, if the third party performs transactions with the seller, then the seller shall be sanctioned; if the third party performs transaction with the buyer, then the buyer shall be sanctioned. The seller or the buyer and the third party must make a report on the loss, burning or damage of invoices.
Le Vy
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