Changes in regard to tax administrative penalties

In late May 2016, the Government issued two new decrees on the tax adminstration:

  • Decree 45/2016 amending Decree 127/2013/ND-CP on penalties relating to Customs matters; and
  • Decree 49/2016/ND-CP amending Decree 109/2013/ND-CP on penalties relating to invoicing matters.

Both Decrees take effect on 1 August 2016, introducing changes in the areas of Customs and invoicing.

  1. Customs

New fines are introduced, including:

  • A fine up to VND 2 million is applied for missing the deadline for submission of (i) certain documents of priority enterprises; (ii) reports on goods imported for building manufacturing facilities, goods stored outside export processing enterprise’s premises; (iii) several other administrative reports.
  • A fine up to VND 20 million is applied for declaring imported goods under export production and toll manufacturing scheme where no relevant manufacturing facilities exist.
  • A fine of 10% of the duty shortfall or the over-claimed exempted, deducted or refunded duty amount is applied for not declaring or wrong declaration of goods’ name, type, quantity, quality, value, HS Code, duty rate, origin, etc. during customs clearance, where the tax payer self-detects the issue and makes amendment after Customs has checked the relevant documents but before completion of Customs clearance.
  • A fine of 20% of the duty shortfall or over-claimed exempted, deducted, or refunded duty amount is applied for management of materials, supplies, machines, equipment, products under toll manufacturing, export production, which leads to a negative stock discrepancy between the actual stock and the records in the accounting book/Customs dossiers.

The minimum fine applied to violations of bonded-warehouses and tax suspension warehouses is increased to VND 1 million.

  1. Invoicing
  • The fine in cases of lost, burnt or damaged invoices is reduced to VND 4 to 8 million. No fine is imposed if the event is caused by natural disaster, fire, unexpected events or other force majeure.
  • A new fine up to VND 4 million is applied for (i) late notification where a company changes its business location, (ii) printing invoices in the event that the tax authorities have issued written notification that the company does not meet the conditions for printing invoices.
  • A new fine up to VND 1.5 million is applied for using invoices before the effective date notified to the tax authorities.

Please do not hesitate to contact us should you need further details on the above.