Regarding cases where invoices are not issued when selling goods, Circular 10/2014/TT-BTC stipulates:
4. A fine of VND 10.000.000 to VND 20.000.000 shall be imposed for any of the following acts:
b. Failure to issue invoices when selling goods or services with a payment value of 200.000 VND or more to the buyer as required by regulations. In addition to being penalized, the business organization or individual must issue an invoice to the buyer.”
Regarding cases of tax evasion and tax fraud, the regulations are stipulated in Article 13 of Circular 166/2013/TT-BTC:
Taxpayers who evade or commit tax fraud as stipulated by law will be penalized based on the number of times the tax is evaded or the amount of tax defrauded, as follows:
“1. A one-time fine calculated on the amount of tax evaded or tax fraud shall be imposed on taxpayers who violate the law for the first time or for the second time with two or more mitigating circumstances when committing one of the following violations:
d) Issuing invoices with incorrect quantities or values of goods and services sold as a basis for declaring and paying lower taxes than the actual amount.
e) Failure to issue invoices when selling goods or services, or recording a value on sales invoices lower than the actual payment value of the goods or services sold, and being discovered after the deadline for submitting tax returns for the tax period.
2. A fine of 1,5 times the amount of tax evaded shall be imposed on taxpayers who commit any of the tax evasion or tax fraud acts specified in Clause 1 of this Article in the following cases: first-time violation with aggravating circumstances or second-time violation with one mitigating circumstance.
3. A fine of twice the amount of tax evaded shall be imposed on taxpayers who commit any of the tax evasion or tax fraud acts specified in Clause 1 of this Article in the following cases: a second violation without mitigating circumstances or a third violation with one mitigating circumstance.
4. A fine of 2,5 times the amount of tax evaded shall be imposed on taxpayers who commit any of the tax evasion or tax fraud acts specified in Clause 1 of this Article in the following cases: a second violation with an aggravating circumstance or a third violation without mitigating circumstances.
5. A fine of three times the amount of tax evaded shall be imposed on taxpayers who commit any of the tax evasion or tax fraud acts specified in Clause 1 of this Article in the following cases: a second violation with two or more aggravating circumstances, a third violation with an aggravating circumstance, or violations from the fourth time onwards.”
