General information
Decree 310 introduces more granular, tiered penalties for invoice violations, based on the number of invoices and whether they relate to sales or non-sales cases (promotions, samples, gifts, internal consumption, lending/borrowing/returns).
Penalties for Issuing Invoices at the Incorrect Time
|
Violation scope |
Penalty (VND) |
Penalty (US$) |
|
01 invoice (promotions, samples, gifts, internal consumption, lending/borrowing/returns) |
Warning |
/ |
|
02–<10 invoices (same cases) or 01 invoice for sale of goods/services |
500,000 – 1,500,000 |
US$19 – US$57 |
|
10–<50 invoices (same cases) or 02–<10 invoices for sale of goods/services |
2,000,000 – 5,000,000 |
US$76 – US$190 |
|
50–<100 invoices (same cases) or 10–<20 invoices for sale of goods/services |
5,000,000 – 15,000,000 |
US$190 – US$570 |
|
≥100 invoices (same cases) or 20–<50 invoices for sale of goods/services |
15,000,000 – 30,000,000 |
US$570– US$1,141 |
|
50–<100 invoices for sale of goods/services |
30,000,000 – 50,000,000 |
US$1 |
Penalties for Failure to Issue Invoices
|
Violation scope |
Penalty (VND) |
Penalty (US$) |
|
01 invoice (promotions, samples, gifts, internal consumption, lending/borrowing/returns) |
Warning |
/ |
|
02–<10 invoices (same cases) or 01 invoice for sale of goods/services |
1,000,000 – 2,000,000 |
US$38 – US$76 |
|
10–<50 invoices (same cases) or 02–<10 invoices for sale of goods/services |
2,000,000 – 10,000,000 |
US$76 – US$380 |
|
50–<100 invoices (same cases) or 10–<20 invoices for sale of goods/services |
10,000,000 – 30,000,000 |
US$380 – US$1,141 |
|
≥100 invoices (same cases) or 20–<50 invoices for sale of goods/services |
30,000,000 – 50,000,000 |
US$1,141 – US$1,901 |
|
≥50 invoices for sale of goods/services |
60,000,000 – 80,000,000 |
US$2,282 – US$3,042 |
Decree 310 also tightens penalties for destroying invoices beyond time limits, failing to destroy them as required, and violations related to e-invoice services/systems.
Main procedural changes
- Single penalty rule: Repeated violations of the same type (e.g., late issuance or non-issuance) within the statute of limitations are penalized once, with the fine scaled to the total number of invoices involved — not per act. This reduces multi-count penalties and increases predictability.
- Enforcement powers: Tax officers on duty, heads of grassroots tax agencies, and directors of provincial tax offices can now impose warnings and fines (up to specified limits) for these violations.
Implications for businesses
Companies in Vietnam need stronger invoice compliance systems, including:
- Enhanced internal reviews for timely/accurate invoicing and tax declarations
- Updated contracts with tax agents reflecting new liabilities
- Robust documentation (especially for exemptions like force majeure)
- Awareness of higher stakes for systematic errors due to tiered fines
Recommendations: Update compliance manuals, train staff on new thresholds and procedures, and adopt automated invoice/tax solutions to minimize risk.
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