Decree 102/2021/ND-CP amending regulations on administrative sanctions on invoices

On November 16, 2021, the Government issued Decree 102/2021/ND-CP amending and supplementing Decree 125/2020/ND-CP on handling penalties for administrative violations in the field of tax, invoices, customs,... 

The prescription for sanctioning administrative violations
From January 1, 2022, the prescription for sanctioning administrative violations on invoices is 02 years (instead of 01 year as currently). 

Sanction of acts of giving and selling invoices

Amending Clause 2, Article 22 of Decree 125/2020/ND-CP in the direction of not sanctioning acts of giving and selling invoices according to Clause 2, Article 22 of Decree 125/2020/ND -CP for acts specified in Clause 1, Article 22 of Decree No. 125/2020/ND-CP.

Sanction of violations of invoicing when selling goods and services. 
Additional provisions on sanction of making invoices which do not comprise all required contents on invoices as prescribed.

The fine for this act is from 4,000,000 VND to 8,000,000 VND.

Sanction of acts of losing, burning or damaging invoices 
Amending and supplementing Clauses 3 and 4, Article 26 of Decree No. 125/2020/ND-CP as follows:

- A fine of between VND 4,000,000 and 8,000,000 shall be imposed on one of the following acts:

+ Losing, burning or damaging invoices already issued or purchased from tax authorities but not yet used;

+ Losing, burning or damaging the issued invoice (transferred to the customer) in the course of use, the seller has declared and paid tax, has documents, documents and vouchers evidencing the purchase and sale of goods, service; In case the buyer loses, burns or damages the invoice, there must be notes of the seller and the buyer recording the incident.

+ Losing, burning or damaging invoices that have been made but have not yet declared tax; The parties involved must make notes of the loss, fire or damage of the invoice. (Compared with current regulations, acts of losing, burning or damaging invoices that have been made but have not yet declared tax, are added).

- A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for losing, burning or damaging invoices already made or declared during the use or storage period, except for the cases specified in Clauses 1 and 2 of this Article. Clauses 1, 2, 3, Article 26 of Decree 125/2020/ND-CP.

Note: The above fine rates apply to individuals, in case organizations commit violations, the fines will be doubled.

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

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