Headlines 26/11/2021 22:44 CH

From 2022, limitation period for enforcement of invoice-related administrative penalties to be extended

Dương Phạm

On November 16, 2021, the Government promulgates the Decree No. 102/2021/ND-CP prescribing administrative penalties for violations arising from tax, invoice, insurance business and lottery business activities.

According to this Decree, the limitation period for enforcement of administrative penalties for invoice-related violations will be 02 years (instead of 01 year stated in the Government’s Decree No. 125/2020/ND-CP currently in use).

In addition, the regulation on enforcement of the administrative penalty for the act of issuing invoices on which legally required information is omitted.

This act will face the penalty ranging from 4 million dong to 8 million dong.

The stated penalty amount is also imposed on the following acts:

- Causing the loss, burning or damage of invoices already released or purchased from tax authorities even though they have not been issued yet.

- Causing the loss, burning or damage of issued invoices (the replicas intended for clients) during use when 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.

- Causing the loss, burning or damage of invoices already issued, but not submitted to tax authorities.

Involved parties must keep a written record of the loss, burning or damage of invoices. (This is a new regulation compared to the current one).

Decree No. 102/2021/ND-CP is entering into force as of January 1, 2022.

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