Decree No. 102/2020/ND-CP dated November 16th, 2021 of the Government on amendments to some Articles of Decrees on penalties for administrative violations against regulations on tax and invoicing; customs; insurance business and lottery business; management and use of public property, thrift practice and wastefulness combat; national reserve; state treasury; accounting and independent audit

This Decree amends 5 Decrees on penalties for administrative violations, including:

1. Decree No. 125/2020/ND-CP on penalties for administrative violations against regulations on tax and invoicing

2. Decree No. 128/2020/ND-CP on penalties for administrative customs offences

3. Decree No. 98/2013/ND-CP on penalties for administrative violations in insurance business and lottery business

4. Decree No. 63/2019/ND-CP on penalties for administrative violations against regulations on management and use of public property

5. Decree No. 41/2018/NĐ-CP on penalties for administrative violations in the fields of accounting and independent audit.

One of the important amendments of this Decree is the increase in the prescriptive time limit for imposition of an invoice-related administrative penalty from 1 year to 02 years.

Many violations against regulations on invoicing shall be imposed fines (from VND 4,000,000 to VND 8,000,000) such as: Issuing invoices which do not contain all compulsory contents as prescribed; causing the loss, burning or damage of invoices issued but not yet submitted for completion of tax declaration.

The acts of giving or selling invoices (except for ordered invoices which have not yet been released) shall be subject a fine ranging from VND 20,000,000 to VND 50,000,000.

However, the new Decree supplements the regulation on exemption from interest amounts on late payment of fines during the interval before the fine reduction or exemption decision is issued. If the fines are exempt or reduced, interest on late payment of fines shall be also exempt or reduced respectively.

Regarding penalties for administrative customs offences, this Decree specifies the imposition of penalties for administrative customs offences in cases of multiple administrative offences and specifies that for a mitigating circumstance, an aggravating circumstance, fine shall be reduced or increased by 10% respectively.

This Decree takes effect from January 1st, 2022.