Sanctioning Measures for Violations Regarding Deadlines for Tax Registration, Notification of Temporary Suspension of Business Operations, and Early Notification of Business Resumption

Pursuant to the provisions of Article 10 of Decree No. 125/2020/ND-CP, taxpayers who violate the deadlines for tax registration, notification of temporary suspension of business operations, or early notification of business resumption shall be subject to the following administrative penalties:

1.1. Warning Sanction

A warning shall be imposed for acts of tax registration, notification of temporary suspension of business operations, or early notification of business resumption that exceed the statutory deadline by 01 to 10 days, provided there are mitigating circumstances.

1.2. Monetary Fines

A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for any of the following acts:

- Tax registration or early notification of business resumption that is 01 to 30 days past the prescribed deadline, except for the case specified in Section 1.1.

- Notification of temporary suspension of business operations past the statutory deadline, except for the case specified in Section 1.1.

- Failure to notify the competent authority of the temporary suspension of business operations

- A fine ranging from VND 3,000,000 to VND 6,000,000 shall be imposed for tax registration or early notification of business resumption that is 31 to 90 days past the prescribed deadline.

- A fine ranging from VND 6,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

- Tax registration or early notification of business resumption that is 91 days or more past the statutory deadline.

- Failure to notify early business resumption without incurring any tax liability.

Note: The above fines apply to organizations. For individuals, the fine shall be 50% of the amount applicable to organizations, as provided in Clause 5, Article 5, and Point a, Clause 4, Article 7 of Decree No. 125/2020/ND-CP.

Sanctioning Measures for Violations Regarding Deadlines for Notification of Changes in Tax Registration Information

Pursuant to Article 11 of Decree No. 125/2020/ND-CP, administrative penalties applicable to taxpayers who violate the deadlines for notifying changes in tax registration information are stipulated as follows:

2.1. Warning Sanction

A warning shall be imposed in the following cases:

(i) The notification of changes in tax registration information is submitted 01 to 30 days past the statutory deadline, without resulting in a change to the tax registration certificate or taxpayer identification number, and with mitigating circumstances.

(ii) The notification of changes in tax registration information is submitted 01 to 10 days past the statutory deadline, resulting in a change to the tax registration certificate or taxpayer identification number, and with mitigating circumstances.

2.2. Monetary Fines

(i) A fine from VND 500,000 to VND 1,000,000 shall be imposed for failure to notify changes in tax registration information 01 to 30 days past the deadline, without resulting in a change to the tax registration certificate or taxpayer identification number, except for the case in Section 2.1(i).

(ii) A fine from VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following:

- Failure to notify changes in tax registration information 31 to 90 days past the deadline, without resulting in a change to the tax registration certificate or taxpayer identification number.

- Failure to notify changes in tax registration information 01 to 30 days past the deadline, resulting in a change to the tax registration certificate or taxpayer identification number, except for the case in Section 2.1(ii).

(iii) A fine from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following:

- Failure to notify changes in tax registration information 91 days or more past the deadline, without resulting in a change to the tax registration certificate or taxpayer identification number.

- Failure to notify changes in tax registration information 31 to 90 days past the deadline, resulting in a change to the tax registration certificate or taxpayer identification number.

(iv) A fine from VND 5,000,000 to VND 7,000,000 shall be imposed for any of the following:

- Failure to notify changes in tax registration information 91 days or more past the deadline, resulting in a change to the tax registration certificate or taxpayer identification number.

- Failure to notify changes in tax registration information in the tax registration dossier.

Note: The above monetary fines apply to organizations. For individuals, the applicable fine shall be 50% of the fine imposed on organizations, pursuant to Clause 5, Article 5 and Point a, Clause 4, Article 7 of Decree No. 125/2020/ND-CP.

2.3. Remedial Measures

In addition to monetary penalties, for violations involving failure to notify changes in tax registration information, the taxpayer shall be subject to the remedial measure of being required to submit the updated tax registration dossier.

Exceptions

The above administrative sanctions under Section 2 shall not apply in the following cases:

- Individuals not engaged in business activities who have been issued a personal income tax code and are late in updating identity card information upon being issued a citizen identification card.

- Income-paying organizations that are late in updating information on the taxpayer’s identity card when the individual authorizing personal income tax finalization is issued a citizen identification card.

- Notifications of changes to taxpayer address information submitted late due to changes in administrative boundaries pursuant to a resolution of the National Assembly or the Standing Committee of the National Assembly.

Sanctioning Measures for Incorrect or Incomplete Declarations in Tax Dossiers That Do Not Lead to a Deficiency in Tax Payable

Pursuant to Article 12 of Decree No. 125/2020/ND-CP, taxpayers who make incorrect or incomplete declarations in their tax dossiers without resulting in a deficiency in tax payable or an increase in tax exemption, reduction, or refund shall be subject to the following administrative sanctions:

3.1. Monetary Fines

(i) A fine ranging from VND 500,000 to VND 1,500,000 shall be imposed for incorrect or incomplete declarations of indicators in the tax dossier that are not related to the determination of tax liability, except for the acts specified in Section 3.1(ii).

(ii) A fine ranging from VND 1,500,000 to VND 2,500,000 shall be imposed for incorrect or incomplete declarations of indicators on the tax return or its accompanying appendices that are not related to the determination of tax liability.

(iii) A fine ranging from VND 5,000,000 to VND 8,000,000 shall be imposed for any of the following acts:

- Incorrect or incomplete declaration of indicators in the tax dossier related to the determination of tax liability.

- Acts specified in Clause 3, Article 16 and Clause 7, Article 17 of Decree No. 125/2020/ND-CP.

Note: The above fines apply to organizations. For individuals, the fine shall be 50% of the amount applicable to organizations, in accordance with Clause 5, Article 5 and Point a, Clause 4, Article 7 of Decree No. 125/2020/ND-CP.