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Official Gazette

Friday, February 28, 2020

Users of unlawful invoices to be fined up to VND 50 million

Updated: 10:00’ - 27/09/2016
Violators of the regulations on invoice would face hefty fines, according to a draft circular prepared by the Ministry of Finance to guide the implementation of Government Decree 49 of 2016 and revise the Ministry of Finance’s Circular 10 of 2014, on sanctioning of invoice-related violations.

Users of unlawful invoices would be fined up to VND 50 million__Photo: Internet

Specifically, a fine of VND 20-50 million would be imposed on acts of using unlawful invoices or illegally using invoices. This fine would be levied on the seller or the buyer that uses the seller’s invoices during the period such invoices are no longer valid for use under the tax agency’s notice as a coercive measure.

The seller or the buyer would not be fined if the seller is permitted by the tax agency to use invoices during the period of application of the coercive measure mentioned above or if the buyer can prove that it/he/she has actually purchased and paid for the goods under regulations. However, the buyer would not be entitled to use such invoices for tax declaration and deduction until the tax agency notifies the termination of application of the coercive measure after the seller has fully paid the tax arrears, fine and late-payment interest into the state budget.

The draft proposes a fine of VND 4-8 million instead of current VND 2-4 million for acts of losing, burning or destroying the invoice sheets reserved for customers. No fine would be imposed in case the invoices are lost, burnt or destroyed due to a natural disaster, fire or force majeure event.

Liable to a fine of VND 2-4 million would be an organization or enterprise that orders the printing of invoices though failing to meet the prescribed conditions to do so.

Meanwhile, the draft suggests reduction of the fine level to VND 0.5-1.5 million from current VND 2-4 million for both the invoice printing-ordering party and the invoice-printing party if they do not sign a contract. This fine level would also be levied on an organization that prints invoices for use without its head’s decision.

The draft is designed to empower tax officers and chairpersons of People’s Committees of all levels to sanction administrative violations of the regulations on invoice. Accordingly, the director of a Tax Department and the chairperson of a provincial-level People’s Committee may impose a maximum fine of VND 70 million and VND 50 million, respectively, while the head of a tax branch and the chairperson of a district-level People’s Committee may impose a fine of up to VND 25 million.- (VLLF)

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