{"id":12721,"date":"2020-11-09T10:05:35","date_gmt":"2020-11-09T10:05:35","guid":{"rendered":"https:\/\/bizlawyer.vn\/principles-of-sanctioning-administrative-violations-of-tax-and-invoices"},"modified":"2020-11-09T10:05:35","modified_gmt":"2020-11-09T10:05:35","slug":"principles-of-sanctioning-administrative-violations-of-tax-and-invoices","status":"publish","type":"post","link":"https:\/\/bizlawyer.vn\/zh-hans\/principles-of-sanctioning-administrative-violations-of-tax-and-invoices","title":{"rendered":"Principles of sanctioning administrative violations of tax and invoices"},"content":{"rendered":"<p>On October 19, 2020, the Government issued Decree No. 125\/2020\/ND-CP on penalties<br \/>\nfor administrative violations of tax and invoices. This Decree takes effect from December 5,<br \/>\n2020.<br \/>\nAccordingly, the principle of sanctioning administrative violations of tax and invoices will<br \/>\nbe implemented as follows:<br \/>\n1. The sanctioning of administrative violations of taxes and invoices comply with the law on<br \/>\ntax administration and the law on handling of administrative violations.<br \/>\n2. Organizations and individuals will only be sanctioned for administrative violations of tax<br \/>\nand invoices when they commit acts of administrative violations of tax and invoices<br \/>\naccording to the provisions of this Decree.<br \/>\n3. Organizations and individuals that commit many acts of administrative violation shall be<br \/>\nsanctioned for each violation, except the following cases:<br \/>\na) In case the taxpayer incorrectly declares one or more items on the tax dossiers of the same<br \/>\ntax at the same time, the act of making false declaration in the case of tax procedure<br \/>\nsanction is only sanctioned for one act. incorrectly declaring the criteria on the tax dossier<br \/>\nwith the highest fine bracket among the acts that have been carried out under the provisions<br \/>\nof this Decree and applying the violation aggravating circumstances many times;<br \/>\nb) If the taxpayer is late in submitting multiple tax declaration dossiers for multiple tax periods<br \/>\nat the same time but the same tax period, only one act of late submission of tax declaration<br \/>\ndossiers with the highest fine bracket in the number of acts that have been carried out under<br \/>\nthe provisions of this Decree and repeatedly aggravated circumstances are applied.<br \/>\nIf the late-filing tax declaration dossier is in the case of tax evasion, it shall be separated to<br \/>\nsanction the act of tax evasion;<br \/>\nc) If a taxpayer is late in submitting multiple notices or reports of the same type on invoices at<br \/>\nthe same time, the taxpayer will be sanctioned for one act of late submission of notices and<br \/>\nreports on invoices with a high fine bracket. Most of the acts have been implemented in<br \/>\naccordance with this Decree and the aggravating circumstances are applied many times;<br \/>\nd) The acts of violation on illegal use of invoices or illegal use of invoices which are<br \/>\nsanctioned under Articles 16 and 17 of this Decree will not be sanctioned according to<br \/>\nArticle 28 of this Decree.<br \/>\n4. In cases where in an administrative procedure there are many components of the dossier,<br \/>\nwhich are prescribed more than one act of administrative violation in this Decree, the<br \/>\nviolating organization or individual shall be sanctioned for each act of violation.<br \/>\n5. For the same act of tax-related administrative violation or invoice, the fine level for an<br \/>\norganization is equal to 2 times of the fine level for an individual, minus the fine level for<br \/>\nthe act specified in Article 16. Article 17 and Article 18 of this Decree.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>On October 19, 2020, the Government issued Decree No. 1 [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":12717,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[16],"tags":[],"class_list":["post-12721","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-16"],"_links":{"self":[{"href":"https:\/\/bizlawyer.vn\/zh-hans\/wp-json\/wp\/v2\/posts\/12721","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/bizlawyer.vn\/zh-hans\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/bizlawyer.vn\/zh-hans\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/bizlawyer.vn\/zh-hans\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/bizlawyer.vn\/zh-hans\/wp-json\/wp\/v2\/comments?post=12721"}],"version-history":[{"count":0,"href":"https:\/\/bizlawyer.vn\/zh-hans\/wp-json\/wp\/v2\/posts\/12721\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/bizlawyer.vn\/zh-hans\/wp-json\/wp\/v2\/media\/12717"}],"wp:attachment":[{"href":"https:\/\/bizlawyer.vn\/zh-hans\/wp-json\/wp\/v2\/media?parent=12721"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/bizlawyer.vn\/zh-hans\/wp-json\/wp\/v2\/categories?post=12721"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/bizlawyer.vn\/zh-hans\/wp-json\/wp\/v2\/tags?post=12721"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}