Decision No. 31/2001/QD-BTC On Amending and Supplementing the Management and Usage Regime for Sales Invoices

Pursuant to …;

Regarding the amendment and supplementation of the management and use of sales invoices

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THE MINISTER OF FINANCE

Pursuant to Decree No. 178-CP dated October 28, 1994 of the Government stipulating the functions, tasks, and organizational structure of the Ministry of Finance;

Pursuant to the Law on Value Added Tax and the Law on Corporate Income Tax dated May 22, 1997.

Pursuant to Decree No. 22/CP dated April 17, 1996 of the Government on administrative penalties in the field of taxation;

Pursuant to Decree No. 49/1999/NĐ-CP dated July 8, 1999 of the Government on administrative penalties in the field of accounting;

Based on the proposal of the Director General of the General Department of Taxation.

DECISION:

Article 1. Amending and supplementing the issuance, management, and use of sales invoices issued pursuant to Decision No. 885/1998/QĐ-BTC dated July 16, 1998 of the Minister of Finance as follows:

Replacing the content of Point 3, Article 20 as follows:

Organizations and individuals entrusted with the management and use of invoices shall be fined from VND 500,000 to VND 3,000,000 if they lose an invoice; if there are aggravating circumstances, they shall be fined up to VND 5,000,000 according to Clause 1, Article 6 and Clause 1, Article 12 of Decree No. 49/1999/NĐ-CP dated July 8, 1999 of the Government on administrative penalties for violations in the field of accounting. The fines are specified as follows:

- For each copy 2 (Copy given to customers) of the lost invoice (Invoices issued by the Ministry of Finance, self-printed invoices of enterprises), a fine of VND 500,000 shall be imposed.

- For each other copy of the lost invoice (Retention copy, internal payment copy...), a fine of VND 200,000 shall be imposed,

- If a large number of invoices are lost, with aggravating circumstances, a fine of up to VND 5,000,000 shall be imposed.

When the administrative penalty for losing an invoice exceeds the authority defined by the Tax Revenue Office, the case file must be transferred to the Provincial Tax Department for handling, but there must be a written request specifying the type of penalty and the amount of the fine.

- For violations stipulated in this Article that lead to tax evasion, tax treatment and administrative penalties in the field of taxation shall be carried out according to current regulations.

The authority to impose administrative penalties for violations of organizations and individuals who lose invoices and violate the management and use of invoices shall be implemented according to Article 19, 20 of the Law on Value Added Tax; Article 24, 25 of the Law on Corporate Income Tax, Article 18 of the Law on Special Consumption Tax, Article 27 of the Law on Land Use Tax; Article 7 of Decree No. 22/CP dated April 17, 1996 of the Government on administrative penalties for violations in the field of taxation.

Article 2. This Decision takes effect fifteen days from the date of signature. All previous regulations and guidance inconsistent with this Decision are abolished./.