Details of the procedures that enterprises need to follow according to current regulations

– Effective production planning (control of materials, labor, machinery…)

– Control of production costs

– Evaluation of production efficiency

– Explanation to tax authorities during inspections

b) Not establishing a salary scale, payroll, or labor quota; not applying a trial labor quota before official issuance;

c) Not consulting the representative organization of employees at the establishment for places with a representative organization of employees at the establishment when establishing a salary scale, payroll; labor quota; bonus regulations;

d) Not notifying the payroll statement or notifying the payroll statement to employees but not in accordance with regulations;

dd) Not paying equal wages or discriminating on the basis of gender for employees doing work of equal value.

Pursuant to Clause 2, Article 59 of the Law on Tax Administration 2019, the late payment interest rate and the period for calculating late payment interest on taxes are as follows: Late payment interest (penalty for late payment) = Amount of license fee tax paid late x 0.03% x Number of days late

Pursuant to Clause 2, Article 59 of the Law on Tax Administration 2019, the late payment interest rate and the period for calculating late payment interest on taxes are as follows: Late payment interest (penalty for late payment) = Amount of license fee tax paid late x 0.03% x Number of days late

• Business establishments paying value-added tax according to the tax deduction method

• Business establishments having exported goods or services in a month or quarter

• Business establishments paying value-added tax according to the tax deduction method in certain cases

• Foreigners, Vietnamese people residing abroad

• Programs and projects using official development assistance (ODA) grants or non-refundable aid, humanitarian aid

• Entities entitled to diplomatic privileges and immunities

• Business establishments having a VAT refund decision from a competent authority

In case the taxpayer underpays compared to the amount payable for 4 quarters, they must pay late payment interest calculated on the underpaid tax amount from the day following the last day of the deadline for the 4th quarter provisional corporate income tax payment to the day immediately preceding the day the remaining tax amount is paid into the state budget.

Pursuant to Clause 2, Article 59 of the Law on Tax Administration 2019, the late payment interest rate and calculation period are as follows:

Late payment interest (penalty for late payment) = Amount of late license tax payment x 0.03% x Number of days late

In addition, the taxpayer will be required to pay the full amount of late tax payment into the state budget in case of late submission of tax declarations leading to late tax payment.

Pursuant to Clause 2, Article 59 of the Law on Tax Administration 2019, the late payment interest rate and calculation period are as follows:

Late payment interest (penalty for late payment) = Amount of late license tax payment x 0.03% x Number of days late.

Pursuant to Clause 2, Article 59 of the Law on Tax Administration 2019, the late payment interest rate and calculation period are as follows:

Late payment interest (penalty for late payment) = Amount of late license tax payment x 0.03% x Number of days late

– Goods actually exported are temporarily imported goods or re-exported goods;

– Goods actually exported are imported materials for the production or processing of exported goods;

– There is an overpayment of tax upon tax finalization in cases of merger, consolidation, division, separation, dissolution, bankruptcy, change of ownership, enterprise transformation, or cessation of operation;

– There is a tax refund decision from a competent authority as prescribed by law and in cases of SCT refund under an international treaty to which the Socialist Republic of Vietnam is a member.

Pursuant to Clause 2, Article 59 of the Law on Tax Administration 2019, the late payment interest rate and calculation period are as follows:

Late payment interest (penalty for late payment) = Amount of late license tax payment x 0.03% x Number of days late

Pursuant to Clause 2, Article 59 of the Law on Tax Administration 2019, the late payment interest rate and calculation period are as follows:

Late payment interest (penalty for late payment) = Amount of late license tax payment x 0.03% x Number of days late.

Pursuant to Clause 2, Article 59 of the Law on Tax Administration 2019, the late payment interest rate and calculation period are as follows:

Late payment interest (penalty for late payment) = Amount of late license tax payment x 0.03% x Number of days late

Pursuant to Clause 2, Article 59 of the Law on Tax Administration 2019, the late payment interest rate and calculation period are as follows:

Late payment interest (penalty for late payment) = Amount of late license tax payment x 0.03% x Number of days late.

“a) Accounting units that are private enterprises and partnerships must submit the annual financial report no later than 30 days from the end of the fiscal year; for other accounting units, the deadline for submitting the annual financial report is no later than 90 days;

b) Subordinate accounting units shall submit the annual financial report to the superior accounting unit within the time frame stipulated by the superior accounting unit.”

“a) Accounting units that are private enterprises and partnerships must submit the annual financial report no later than 30 days from the end of the fiscal year; for other accounting units, the deadline for submitting the annual financial report is no later than 90 days; b) Subordinate accounting units shall submit the annual financial report to the superior accounting unit within the time frame stipulated by the superior accounting unit.”

According to the provisions of Clause 4, Article 110 of Circular 200/2014/TT-BTC guiding the accounting regime for enterprises:

“4. For enterprises that are required by law to audit the financial report, the report must be audited before submitting the financial report as required. Audited financial reports must be accompanied by the audit report when submitted to state management agencies and the superior enterprise.”

According to Article 7 of Decree 95/2016/ND-CP on administrative sanctions in the field of statistics: A fine ranging from VND 1,000,000 to VND 20,000,000 shall be imposed for violations regarding the deadline for submitting financial reports to the state statistical agency.

According to Article 12 of Decree 41/2018/ND-CP on administrative sanctions in the field of accounting and independent auditing:

Article 12. Sanctions for violations of regulations on submission and disclosure of financial reports

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Submitting the financial report to the competent state agency less than 3 months after the prescribed deadline;

b) Disclosing the financial report less than 3 months after the prescribed deadline.

2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts:

a) Disclosing the financial report with incomplete content as required;

b) Submitting the financial report to the competent state agency without attaching the audit report where the law requires an audit of the financial report; c) Submitting the financial report to the competent state agency 3 months or more after the prescribed deadline;

d) Disclosing the financial report without the attached audit report where the law requires an audit of the financial report;

dd) Disclosing the financial report 3 months or more after the prescribed deadline.

3. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Providing false information or figures in the disclosed financial report;

b) Providing or publishing financial reports for use in Vietnam with inconsistent figures within the same accounting period.

4. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for any of the following acts:

a) Failing to submit the financial report to the competent state agency;

b) Failing to disclose the financial report as required.

According to Article 7 of Decree 95/2016/ND-CP on administrative sanctions in the field of statistics:

Article 7. Violations of regulations on the deadline for submitting statistical reports and financial reports to the state statistical agency as prescribed by law

1. A warning shall be imposed for submitting reports later than the prescribed deadline:

a) Less than 5 days late for monthly statistical reports;

b) Less than 10 days late for quarterly, semi-annual, and 9-month statistical and financial reports;

c) Less than 15 days late for annual statistical and financial reports.

2. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for submitting reports later than the prescribed deadline:

a) From 5 days to less than 10 days late for monthly statistical reports;

b) From 10 days to less than 15 days late for quarterly, semi-annual, and 9-month statistical and financial reports;

c) From 15 days to less than 20 days late for annual statistical and financial reports.

3. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for submitting reports later than the prescribed deadline:

a) From 10 days to 15 days late for monthly statistical reports;

b) From 15 days to less than 20 days late for quarterly, semi-annual, and 9-month statistical and financial reports;

c) From 20 days to less than 30 days late for annual statistical and financial reports.

4. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for submitting reports later than the prescribed deadline:

a) From 20 days to 30 days late for quarterly, semi-annual, and 9-month statistical and financial reports;

b) From 30 days to 45 days late for annual statistical and financial reports.

5. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failing to submit statistical reports and financial reports.

The act of failing to submit statistical reports and financial reports is defined as being 15 days late for monthly statistical reports, 30 days late for quarterly, semi-annual, and 9-month reports, and 45 days late for annual statistical and financial reports without having sent the reports to the competent statistical agency.”

– According to the provisions of Clause 1, Article 32 of Decree 12/2022/ND-CP on administrative sanctions in the field of labor, social insurance, and Vietnamese workers working abroad under contracts: A fine ranging from VND 2,000,000 to VND 6,000,000 shall be imposed for violations related to foreign workers in Vietnam.

– According to the provisions of Clause 1, Article 32 of Decree 12/2022/ND-CP on administrative sanctions in the field of labor, social insurance, and Vietnamese workers working abroad under contracts: A fine ranging from VND 2,000,000 to VND 6,000,000 shall be imposed for violations related to foreign workers in Vietnam.

– According to the provisions of Clause 4, Article 32 of Decree 12/2022/ND-CP on administrative sanctions in the field of labor, social insurance, and Vietnamese workers working abroad under contracts: A fine ranging from VND 60,000,000 to VND 150,000,000 shall be imposed for violations related to the work permit of the employer.

“3. A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed on employers who fail to notify the Employment Service Center where their workplace is located when there is a labor fluctuation at the unit as required by law.”

Note: The above penalty applies to employers who are individuals; for organizations, the fine will be doubled (Clause 1, Article 6 of Decree 12/2022/ND-CP).

“3. A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed on employers who fail to notify the Employment Service Center where their workplace is located when there is a labor fluctuation at the unit as required by law.”

Note: The above penalty applies to employers who are individuals; for organizations, the fine will be doubled (Clause 1, Article 6 of Decree 12/2022/ND-CP).

“4. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on employers who fail to accurately, fully, and promptly provide information and documents related to the payment and benefits of compulsory social insurance and unemployment insurance as requested by competent state agencies and social insurance agencies.”

Note: The above penalty applies to employers who are individuals; for organizations, the fine will be doubled (Clause 1, Article 6 of Decree 12/2022/ND-CP).

“4. A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed per worker, but not exceeding VND 75,000,000 in total, for the following acts:

a) Failing to complete the procedures for compulsory social insurance participation within 30 days from the date of signing the labor contract, employment contract, or recruitment; failing to complete the procedures for unemployment insurance participation for workers within 30 days from the effective date of the labor contract or employment contract.”

– According to Clauses 5 to 7, Article 39 of Decree 12/2022/ND-CP on penalties for violations related to the payment of compulsory social insurance and unemployment insurance:

“5. A fine ranging from 12% to 15% of the total amount of compulsory social insurance and unemployment insurance due at the time of issuing the administrative violation record, but not exceeding VND 75,000,000, shall be imposed on employers for the following acts:

a) Late payment of compulsory social insurance and unemployment insurance;

b) Payment of social insurance and unemployment insurance at an incorrect rate, not considered as evasion; c) Insufficient payment of social insurance and unemployment insurance for all eligible workers, not considered as evasion;

d) Misappropriating the workers’ social insurance and unemployment insurance contributions.

6. A fine ranging from 18% to 20% of the total amount of compulsory social insurance and unemployment insurance due at the time of issuing the administrative violation record, but not exceeding VND 75,000,000, shall be imposed on employers who fail to pay compulsory social insurance and unemployment insurance for all eligible workers but do not meet the threshold for criminal liability.

7. A fine ranging from VND 50,000,000 to VND 75,000,000 shall be imposed on employers for the following acts:

a) Evasion of compulsory social insurance and unemployment insurance, but not to the level of criminal prosecution;

b) Altering or falsifying documents and materials in the dossier to apply a lower contribution rate than the normal rate to the Occupational Accident and Occupational Disease Insurance Fund, but not to the level of criminal prosecution.”

Note: The above penalties apply to employers who are individuals; for organizations, the fine will be doubled (Clause 1, Article 6 of Decree 12/2022/ND-CP).

Note: The above penalty applies to employers who are individuals; for organizations, the fine will be doubled (Clause 1, Article 6 of Decree 12/2022/ND-CP).

“1. A fine ranging from 12% to less than 15% of the total amount due at the time of the administrative violation record, but not exceeding VND 75,000,000, shall be imposed on employers for the following acts:

a) Late payment of trade union funds;

b) Payment of trade union funds at an incorrect rate;

c) Insufficient payment of trade union funds for all eligible workers.

2. A fine ranging from 18% to 20% of the total amount due at the time of the administrative violation record, but not exceeding VND 75,000,000, shall be imposed on employers who fail to pay trade union funds for all eligible workers.”

Note: The above penalty applies to employers who are individuals; for organizations, the fine will be doubled (Clause 1, Article 6 of Decree 12/2022/ND-CP).

“1. The trade union shall manage and use its finances in accordance with the law and the regulations of the Vietnam General Confederation of Labor.

2. The management and use of trade union finances must ensure the principles of centralization, democracy, transparency, accountability, and decentralized management, linking authority and responsibility across trade union levels.”

Therefore, it is recommended to formulate a financial regulation to ensure compliance with these principles.

– If a union member fails to pay union fees for 6 consecutive months without a legitimate reason, they will be reprimanded.

– If a union member fails to pay union fees for 9 consecutive months without a legitimate reason, they will be warned.

– If a union member fails to pay union fees for 12 consecutive months without a legitimate reason, they will be expelled.

According to Article 22 of the regulations issued under Decision 5130/QD-TLD in 2022, violations in the management and use of finances, assets, and social funds managed by the trade union within the organization may be subject to disciplinary action, including reprimand, warning, demotion, or expulsion, depending on the severity of the violation.

According to Article 7 of Decree 95/2016/ND-CP on penalties for administrative violations in the field of statistics:

“Article 7. Violations of the deadline for submitting statistical reports and financial reports to the state statistical agency as prescribed by law:

1. A warning shall be imposed for late submission of reports according to the following schedule:

a) Less than 5 days late for monthly statistical reports;

b) Less than 10 days late for quarterly, semi-annual, and 9-month statistical and financial reports;

c) Less than 15 days late for annual statistical and financial reports.

2. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for late submission of reports according to the following schedule:

a) From 5 days to less than 10 days late for monthly statistical reports;

b) From 10 days to less than 15 days late for quarterly, semi-annual, and 9-month statistical and financial reports;

c) From 15 days to less than 20 days late for annual statistical and financial reports.

3. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for late submission of reports according to the following schedule:

a) From 10 days to 15 days late for monthly statistical reports;

b) From 15 days to less than 20 days late for quarterly, semi-annual, and 9-month statistical and financial reports;

c) From 20 days to less than 30 days late for annual statistical and financial reports.

4. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for late submission of reports according to the following schedule:

a) From 20 days to 30 days late for quarterly, semi-annual, and 9-month statistical and financial reports;

b) From 30 days to 45 days late for annual statistical and financial reports.

5. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failure to submit statistical and financial reports. Failure to submit statistical and financial reports is defined as not submitting reports within 15 days for monthly statistical reports, 30 days for quarterly, semi-annual, and 9-month reports, and 45 days for annual statistical and financial reports to the competent statistical agency.”

– A fine ranging from VND 6,000,000 to VND 10,000,000 for failure to report or incorrect reporting on the business situation and distribution system of retail tobacco traders as prescribed; VND 10,000,000 to VND 20,000,000 for wholesale traders.

– A fine ranging from VND 2,000,000 to VND 6,000,000 for failure to report or incorrect reporting on the production and business of alcoholic beverages with an alcohol content of 5.5% or higher to the competent licensing authority as prescribed.

– A fine ranging from VND 40,000,000 to VND 60,000,000 for failure to submit annual or ad-hoc reports as required by the state management agency on the export and import situation of traders, or for incomplete, inaccurate, or late reporting.

– A fine ranging from VND 20,000,000 to VND 40,000,000 for failure to submit periodic reports or for dishonest reporting on the activities of representative offices to the competent state management agency that issued the license.

– A fine ranging from VND 40,000,000 to VND 60,000,000 for failure to submit periodic reports or for dishonest reporting on the activities of branches to the competent state management agency that issued the license.