Circular No. 93/2010/TT-BTC dated June 28, 2010 of the Ministry of Finance guiding the determination of acts of administrative violation in the financial domain as acts of smuggling, trade fraud and counterfeit goods trading

CIRCULAR

GUIDING THE DETERMINATION OF ACTS OF ADMINISTRATIVE VIOLATION IN THE FINANCIAL DOMAIN AS ACTS OF SMUGGLING, TRADE FRAUD AND COUNTERFEIT GOODS TRADING

THE MINISTRY OF FINANCE

Pursuant to the Government's Decree No. 118/2008/ND-CP of November 27,2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to the Government's Decree No. 97/ 2007/ND-CP of June 7, 2007, stipulating the handling of administrative violations and enforcement of administrative decisions in the customs domain, and Decree No. 18/2009/ND-CP of February 18, 2009, amending and supplementing a number of articles of Decree No. 97/2007/ND-CP of June 7, 2007;

Pursuant to the Government's Decree No. 98/ 2007/ND-CP of June 7, 2007, stipulating the handling of violations of tax laws and enforcement of tax-related administrative decisions;

Pursuant to the Government's Decree No. 185/2004/ND-CP of November 4, 2004, on sanctioning administrative violations in the accounting domain;

Pursuant to the Government's Decree No. 169/2004/ND-CP of September 22, 2004, on sanctioning administrative violations in the price domain;

Pursuant to the Government's Decree No. 107/2008/ND-CP of September 22, 2008, stipulating the administrative sanctioning of acts of speculation, hoarding, excessive price hiking, spreading of rumors, smuggling and trade fraud;

Pursuant to the Government's Decree No. 41/2009/ND-CP of May 5, 2009, on sanctioning administrative violations in the insurance business domain;

Pursuant to the Government's Decree No. 89/ 2002/ND-CP of November 7, 2002, stipulating the printing, issuance, use and management of invoices;

After consulting the Ministry of Industry and Trade (Central Steering Committee 127), the Ministry of Finance guides the determination of acts of administrative violation in the financial domain as acts of smuggling, trade fraud and counterfeit goods trading, as follows:

Article 1. Scope and subjects of application

1. This Circular applies to forces functioning to fight smuggling, trade fraud and counterfeit goods in the financial domain.

2. Anti-smuggling, -trade fraud and - counterfeit goods activities carried out by forces specified in Clause 1 of this Article shall be funded with revenues collected from the handling of administrative violations under the Ministry of Finance's Circular No. 59/2008/TT-BTC of July 4, 2008, guiding the management and use of revenues from the handling of illegal acts in the fight against smuggling, trade fraud and counterfeit goods, and Circular No. 51/2010/TT-BTC of April 14, 2010, amending and supplementing Circular No. 59/2008/TT-BTC.

Article 2. Acts of smuggling and trade fraud in the customs domain

Acts of smuggling and trade fraud in the customs domain are acts of administrative violation specified in the Government's Decree No. 97/2007/ND-CP of June 7,2007, stipulating the handling of administrative violations and enforcement of administrative decisions in the customs domain, and Decree No. 18/2009/ND-CP of February 18, 2009, amending and supplementing a number of articles of Decree No. 97/2007/ND-CP of June 7. 2007. including:

1. Failing to declare or untruthfully declaring names, categories, quantities, weights, quality, value, origin, headings and duty rates of imports or exports.

2. Declaring false names, quantities, weights and value of exports.

3. Compiling and declaring untrue contents in duty finalization dossiers, liquidation dossiers, duty exemption dossiers and dossiers for consideration of duty exemption, duty reduction, duty refund or duty non-collection.

4. Failing to declare or declaring in violation of regulations foreign currencies, Vietnam currency in cash and gold carried along by persons on entry or exit.

5. Failing to produce goods currently stored which are subject to post-customs clearance inspection to customs offices upon request.

6. Failing to supply vouchers, documents or electronic files related to imports, exports or means of transport on entry or exit to customs offices upon request in accordance with law.

7. Fraudulently swapping goods having passed customs inspection with those not yet inspected.

8. Forging customs seals and papers of customs dossiers for the purpose of importing or exporting goods, which does not yet constitute a crime.

9. Operating means of transport transporting goods in transit or goods under customs supervision from/to port or border gate not on routes or not to places or border gates or not in time as prescribed or as registered in customs dossiers without plausible reasons.

10. Breaking customs seals without permission.

11. Changing without permission packings and labels of goods currently under customs supervision.

12. Failing to properly preserve goods currently under customs supervision or goods assigned for preservation under law pending completion of customs clearance.

13. Selling without permission goods currently under customs supervision.

14. Selling without permission means of transport with overseas operation registration which are allowed to temporarily enter Vietnam-

15. Selling without permission goods assigned for preservation pending completion of customs clearance.

16. Storing, purchasing and selling or transporting imports or exports without valid documents within areas of customs operation.

17. Illegally transporting goods across the border, which does not yet constitute a crime.

18. Unloading cargoes not at ports of destination indicated in cargo manifests or bills of lading without plausible reasons.

19. Loading, unloading or transshipping goods or cutting carriages of goods imported, exported or in transit on board means of transport currently under customs supervision and inspection.

20. Dispersing, destroying or jettisoning goods to avoid customs inspection, supervision and control.

21. Using documents which are invalid or untruthful to actual transactions for tax declaration purposes; erasing and modifying vouchers resulting in lower tax amounts than payable or higher tax amounts than exemptible. reducible, refundable or non-collectible.

22. Declaring incorrect headings and duty rates of goods items of which headings and duty rates were already determined at the previous importation, resulting in lower tax amounts than payable.

23. Violating regulations on goods management in non-tariff zones.

24. Carrying out export procedures but failing to export products processed or produced from imported materials.

25. Declaring exported goods in categories, quantities or weights of goods processed or produced from imported materials higher than those actually exported, involving an evaded lax amount of VND 50.000,000 or more but not constituting a crime.

26. Exporting products processed or produced from imported materials which contain materials different from imported ones; importing products processed overseas which contain materials different from exported ones.

27. Changing without permission use purposes of goods which have been determined to be tax-free or tax-exempt or eligible for consideration of tax exemption and failing to make tax declaration thereon.

28. Failing to declare or incorrectly declaring goods imported from non-tariff zone into the inland.

29. Declaring tax after the prescribed time limit when changing use purposes of goods which have been determined to be tax-free or -exempt or eligible for consideration of tax exemption.

30. Failing to record in accounting books earnings and expenditures related to the determination of payable tax amounts.

31. Declaring quantities higher than wastage limits of materials for processing exports or imported materials for producing exports without making additional declaration thereon before such is detected by customs offices through inspection.

32. Selling duty-free goods to ineligible buyers.

33. Intentionally refraining from declaring or declaring wrong names, categories, quantities, weights, quality, value, duty rates and origin of imports or exports for lax evasion.

34. Violations of tax payment regulations, specifically paying tax late and declaring tax incorrectly, resulting in higher refunded tax amounts than prescribed.

35. Importing or exporting goods in violation of regulations on goods barter between border inhabitants or on importation of humanitarian aid goods, exportation and importation of goods given as gifts, movable property and goods of persons on entry or exit.

36. Transiting goods, transporting goods under customs supervision from/lo border gates; operating means of transport in transit, on entry or exit in violation of contents of permits issued by competent agencies or without permits issued by competent agencies though they are subject to such permits.

37. Importing or exporting goods in contravention of the contents of permits.

38. Temporarily importing for re-export or temporarily exporting for re-import goods without permits though they arc subject to such permits.

39. Failing lo re-export or re-import goods or means of transport within time limits prescribed or registered with customs offices.

40. Exporting, importing or taking into Vietnam goods subject to suspended exportation or importation.

41. Exporting, importing or taking into Vietnam goods banned from export or import.

42. Taking goods of untrue origin into Vietnamese territory.

43. Exporting goods of untrue origin.

44. Importing goods subject to permit but failing to produce such permits within 30 (thirty) days from the date goods arrive at a border gate.

45. Exporting goods without prescribed permits.

46. Importing or exporting goods failing to fully meet conditions and technical standards prescribed by law.

47. Importing or exporting goods without labels prescribed by law.

48. Changing without permission use purposes of materials, supplies, components, machines and equipment for processing; goods temporarily imported for re-export or temporarily exported for re-import which are banned from export or import or subject to conditional import or export without permission of competent state agencies.

49. Failing to keep records to monitor the import, export, ex-warehousing and warehousing of goods in accordance with law.

50. Failing to declare or untruthfully declaring names, categories, quantities and weights of goods brought from overseas into bonded warehouses or warehouses of goods pending duty payment or of goods taken from these warehouses to overseas.

51. Bringing from overseas into bonded warehouses goods which are not allowed to be stored in bonded warehouses.

52. Dispersing without permission goods stored in bonded warehouses or warehouses of goods pending duly payment.

53. Destroying in violation of law goods stored in bonded warehouses or warehouses of goods pending duty payment.

Article 3. Acts of trade fraud in the tax, charge and fee domain

Acts of trade fraud in the tax, charge and fee domain are acts of administrative violation specified in the Government's Decree No. 98/2007/ND-CP of June 7. 2007. stipulating the sanctioning of violation of tax-related laws and enforcement of tax-related administrative decisions, including:

1. Making tax declaration dossiers with incomplete or false details in the statements of invoices of goods, services purchased or sold or in other documents related to tax obligations.

2. Making tax declaration dossiers with incomplete or false details in invoices, economic contracts and other vouchers related to tax obligations.

3. Making tax declaration dossiers with incomplete or false details in duty declaration forms or duty finalization forms.

4. Supplying false information, documents or accounting books related to tax obligation determination after the deadline set by tax offices.

5. Inadequately or inaccurately supplying information, documents or accounting books related to tax obligation determination within the tax declaration time limit; account numbers or deposit account balances to competent agencies upon request.

6. Failing to supply adequate, accurate norms and figures related to tax obligations which must be registered according to regulations, which is detected but did not reduce the obligations toward the state budget.

7. Inadequately or inaccurately supplying information or documents related to deposit accounts at banks, other credit institutions or state treasuries within 3 working days after the date it is so requested by tax offices.

8. Supplying inaccurate information, documents or accounting books related to tax obligation determination at the request of competent agencies conducting lax supervision or inspection at the taxpayer's head office.

9. Failing to supply valid invoices or vouchers of a goods shipment within 12 hours from the time a competent agency detects a violation.

10. Failing to supply valid invoices or vouchers of a goods shipment within 24 hours from the time a competent agency inspects and detects a violation for which a sanctioning decision has not been issued yet.

11. Making no declaration or inaccurate declarations resulting in lower tax amounts than payable or higher tax amounts than refundable.

12. Using invalid invoices or vouchers to account the value of purchased goods or services, reducing the payable tax amount or increasing the refundable, exemptible or reducible tax amount.

13. Carrying out procedures and making dossiers for destruction of supplies or goods not true to reality, reducing the payable tax amount or increasing the refundable, exemptible or reducible tax amount.

14. Making out goods or service sale invoices with incorrect quantities or value for the purpose of declaring tax amounts lower than actual ones.

15. Failing to record in accounting books earnings or expenditures related to the determination of payable tax amounts.

16. Failing to issue goods or service sale invoices or writing a value on sale invoices lower than the actual payment value of sold goods or services, which is detected after the deadline for tax declaration dossier submission.

17. Using duty-free goods (including untaxed goods) for improper purposes without making tax declaration.

18. Modifying or erasing accounting vouchers or books, reducing the payable tax amount or increasing the refundable, exemptible or reducible tax amount.

19. Destroying accounting vouchers and books, reducing the payable tax amount or increasing the refundable, exemptible or reducible tax amount.

20. Using unlawful invoices, vouchers or documents in other cases for the purpose of determining incorrect payable or refundable tax amounts.

Article 4. Acts of trade fraud in the price domain

Acts of trade fraud in the price domain are acts of administrative violation specified in the Government's Decree No. 169/2004/ND-CP of September 22, 2004, stipulating the sanctioning of administrative violations in the price domain, and Decree No. 107/2008/ND-CP of September 22, 2008. stipulating the administrative sanctioning of acts of speculation, hoarding of goods, excessive price hiking, spreading of rumors, smuggling and trade fraud, including:

1. Buying or selling goods or providing services at prices different from temporary prices set through price consultations or consulted prices already prescribed by competent agencies.

2. Buying or selling goods, providing services at prices different from specific prices, price brackets or limit prices decided by competent agencies.

3. Setting prices of assets, goods or services subject to pricing by the State in violation of pricing regulations of competent agencies.

4. Failing to declare goods and service prices to competent state agencies according to regulations.

5. Failing to register goods and service prices with competent state agencies according to regulations.

6. Failing to post up goods and service prices at shops, stalls and places of transaction for goods trading or service provision.

7. Posting up prices against regulations or unclear] y, causing confusion to customers.

8. Failing to post up foreign exchange rates or buying and selling prices of gold at trading places.

9. Posting up foreign exchange rates or buying and selling prices of gold in forms or with contents unclear and confusing to customers

10. Posting up goods and service prices in foreign currencies or selling goods or charging services in foreign currencies without permission

11. Raising goods sale prices or service charges by 20% or higher from price levels declared to or registered with competent, state agencies for earning illicit profits.

12. Failing to report or reporting incompletely, inaccurately and untimely on data or documents related to production and circulation costs, monopolized goods or service prices at the request of competent price state management agencies.

13. Reaching agreement among organizations and individuals to fix prices, control prices, change sale prices of goods or services with a view to depressing competition, infringing upon the legitimate interests of other production and business organizations and individuals or consumers.

14. Reaching agreement among organizations and individuals in order to create sham scarcity of goods by restricting production, distribution, transportation or sale of goods or the provision of services; destroying or damaging goods, infringing upon the legitimate interests of other production and business organizations and individuals or consumers.

15. Reaching agreement among organizations and individuals to realize conditions on goods sale, purchase and post-sale service provision, affecting goods prices and service prices, infringing upon the legitimate interests of other production and business organizations and individuals or consumers.

16. Reaching agreement among organizations and individuals to change selling or buying prices of goods or services in order to suppress or compel other enterprises to align with them or become their branches, infringing upon the legitimate interests of other production and business organizations and individuals or consumers.

17. Taking advantage of natural disasters, enemy sabotage or other unexpected developments for speculation to hike or impose prices.

18. Incorrectly evaluating prices for self-seeking purposes, causing harms to customers.

19. Evaluating prices when failing to fully meet the conditions for price evaluation as prescribed by law.

20. Failing to apply or incorrectly applying price-evaluating methods suitable to assets of which prices arc evaluated.

Article 5. Acts of trade fraud in the accounting domain

Acts of trade fraud in the accounting domain are acts of administrative violation specified in the Government's Decree No. 185/2004/ND-CP of November 4, 2004, on sanctioning administrative violations in the accounting domain, including:

1. Erasing or modifying accounting vouchers.

2. Forging or falsely declaring accounting vouchers.

3. Making accounting vouchers with different contents in their originals in case of making accounting vouchers with more than one original for an arising economic or financial operation.

4. Destroying or deliberately damaging accounting vouchers.

5. Failing to make accounting vouchers for arising economic or financial operations.

6. Deliberately making more than once accounting vouchers for an arising economic or financial operation.

7. Unduly signing accounting vouchers.

8. Reaching agreement with or compelling other persons to forge or falsely declaring accounting vouchers.

9. Making accounting books with insufficient contents according to regulations, such as no signature, no page number or no stamp affixed on every two adjoining pages on accounting books.

10. Violating regulations on recording accounting books, such as making superimposed entries, making entries on every other line; failing to cross out the blank space of a page; failing to record the total figure at the end of a page; failing to transfer the total figure from a page to the next.

11. Information and figures recorded in accounting books of the accounting year failing to succeed information and figures recorded in accounting books of the preceding year or failing to make continuous entries in accounting books from the time of opening to the time of closing.

12. Failing to close accounting books in cases in which accounting books must be closed according to the accounting law.

13. Opening accounting books outside the official accounting book system of the unit.

14. Reaching agreement with or compelling other persons to forge accounting books;

15. Recording insufficient principal contents in accounting books according to regulations.

16. Failing to keep accounting vouchers evidencing information and figures recorded in accounting books or figures recorded in accounting books failing to match accounting vouchers.

17. Opening accounting books outside the official accounting book system of the unit.

18. Forging accounting books.

19. Deliberately leaving out accounting books assets of or related to the unit.

20. Destroying accounting books ahead of time or deliberately damaging them.

21. Accounting earnings and expenditures not according to the prescribed contents of accounts.

22. Modifying contents and accounting methods of accounts promulgated by the Ministry of Finance or opening additional accounts within the selected grade-I account system without approval of the Ministry of Finance.

23. Destroying accounting records before the expiry of the prescribed preservation duration.

24. Making and presenting financial statements without observing the prescribed method; with unclear or contradictory contents as prescribed.

25. Disclosing financial statements with insufficient contents as prescribed.

26. Reaching agreement with or compelling other persons to forge financial statements or declaring false figures in financial statements.

27. Deliberately providing or certifying untrue information or accounting figures; reaching agreement with or compelling other persons to provide or certify untrue information or accounting figures.

28. Failing to carry out procedures to restore lost or damaged accounting records.

29. Destroying accounting records without forming a destruction council, without strictly observing the method of destruction and making a destruction report according to regulations.

30. Failing to make summary reports on inventory results according to regulations.

31. Failing to identify causes of discrepancies; failing to reflect in accounting books discrepancies between figures obtained from an actual inventory and those of accounting books and results of handling such discrepancies.

32. Forging financial statements or declaring false figures in financial statements.

33. Using untrue information and figures in disclosed financial statements.

34. Making financial statements with figures different from those on accounting books and vouchers.

Article 6. Acts of trade fraud in the insurance domain

Acts of trade fraud in the insurance domain are acts of administrative violation specified in the Government's Decree No. 41/2009/ND-CP of May 5, 2009, on sanctioning administrative violations in the insurance business domain, including:

1. Altering, falsifying or forging documents in dossiers of application for licenses, dossiers for opening branches or representative offices; altering establishment and operation licenses or licenses to open representative offices.

2. Failing to publish on 5 consecutive issues of a central newspaper and a newspaper of the locality in which the insurance enterprise is headquartered on any of the following details:

- Name and address of the head office, branch or representative office of the insurance enterprise;

- Content, scope and duration of operation;

- Charter capital level and paid-in charter capital amount;

- Full name of the representative-at-law of the enterprise;

- Serial number and date of the establishment and operation license;

- Permitted insurance and insurance brokerage operations.

3. Failing to publish, publish late or publish untrue information on any of the following contents of operation and changes already approved by the Ministry of Finance:

- Enterprise name;

- Charter capital;

- Opening or termination of operation of a branch or representative office;

- Locations of the head office, branch or representative office;

- Contents, scope and duration of operation;

- Transfer of shares or contributed capital amounts representing 10% or more of charter capital;

- Chairman of the Board of Directors arid Director General (Director);

- Division, splitting, merger, consolidation, dissolution or transformation of the enterprise.

4. Failing to disclose the contents of the license to open a representative office.

5. Conducting insurance business, insurance brokerage business or re-insurance business without an establishment and operation license.

6. Continuing operation or business activities after having the establishment and operation license revoked or having the right to use it deprived of partially or wholly, for insurance or insurance brokerage enterprises, or after having the representative office opening license revoked.

7. Continuing operation after the establishment and operation license or representative office opening license expires.

8. Failing to formulate or formulating insufficient rules and terms of insurance products and on calculation of insurance premiums.

9. Failing to separate the insurance policy holder fund and divide its annual surplus.

10. Changing the name and location of the head office, branch or representative office of the insurer or insurance broker without written approval of the Ministry of Finance.

11. Changing any of the following contents without written approval of the Ministry of Finance.

- Charter capital level;

- Contents, scope and duration of operation.

12. Changing any of the following contents without written approval of the Ministry of

Finance:

- Opening or termination of operation of a branch or representative office;

- Transfer of shares or contributed capital amounts representing 10% or more of charter capital.

13. Undertaking re-insurance for risks for which re-insurance has been ceded; ceding all insurance liabilities undertaken under an insurance policy to another insurer.

14. A re-insurer not on the list of insurers expected to cede re-insurance.

15. Ceding re-insurance to an overseas-based re-insurance-undertaking enterprise which is not rated at least "BBB" by Standard & Poor's. "B++" by A.M.Best, "Baa" by Moody's or equivalent ratings in the fiscal year closest to the time of concluding the re-insurance policy.

16. Transferring an insurance policy failing to fully meet transfer conditions prescribed in Article 75 of the Law on Insurance Business.

17. Transferring an insurance policy without fully carrying out transfer procedures prescribed in Article 76 of the Law on Insurance Business.

18. Settling customers' claims for compensation later than the time prescribed by law.

19. Colluding with beneficiaries of insurance benefits in settling claims for insurance compensation and paying insurance sums in violation of law.

20. Providing untrue information and advertisements on contents, scope and conditions of insurance.

21. Conducting sales promotion for unfair competition as prescribed by law.

22. Disseminating information negatively affecting the lawful rights and interests of another insurer.

23. Reaching agreement on competition depression that harms the interests of the insured.

24. Fighting for customers in the forms of obstructing, dragging, bribing or threatening employees or customers of another insurer, insurance agent or insurance broker.

25. Not practicing openness and transparency in insurance sale, misleading customers about products and services provided by the insurer.

26. Discriminating against the insured with the same risk level in terms of insurance conditions and premium level.

27. Failing to hold bidding for insurance purchase and sale between the insurer and investors contributing 20% or more of charter capital of the insurer or co-insurance with other insurers.

28. Illegally intervening in the right of insurance buyers to select insurers and insurance brokers.

29. Using one's influence to ask. obstruct or force in whatever form subordinate units or related persons to buy insurance of an insurer.

30. Issuing product and service catalogs containing unclear, unintelligible and confusing information.

31.Issuing sale-illustrating documents containing unclear, insufficient and inaccurate
information, failing to help customers make appropriate choice.

32. Issuing sale-illustrating documents failing lo clearly distinguish secured and unsecured benefits; failing to inform customers that total insurance benefits receivable under unsecured insurance policies may vary.

33. Failing to annually review assumptions used in sale illustrations; failing to revise sale illustrations when assumptions are no longer realistic.

34. Issuing product and service catalogues and sale-illustrating documents containing information on insurance benefits contrary to insurance rules and terms already approved by the Ministry of Finance.

35. Failing to provide sufficient information relating to insurance policies, failing to explain insurance conditions and terms to insurance buyers when concluding insurance policies.

36. Failing to notify insurance buyers of the state of their policies according to regulations.

37. Violating regulations on the provision of insurance products in the investment-linked insurance operation.

38. A life insurer failing to comply with insurance rules, terms and tariff already approved by the Ministry of Finance.

39. A life insurer revising and supplementing insurance rules, terms and tariff without written permission of the Ministry of Finance.

40. Paying insurance commissions higher than levels, to ineligible persons or for ineligible operations as prescribed by law.

41. A non-life insurer allowed to provide compulsory insurance failing to comply with insurance rules, terms and premium tariff promulgated by the Ministry of Finance.

42. A non-life insurer allowed to provide compulsory insurance failing to separate compulsory fire and explosion insurance in lump- sum insurance policies according to regulations.

43. Preventing insurance buyers from providing information relating to insurance- policies or inciting them not to declare details related to insurance policies.

44. Conducting sales promotion in the form of promising to provide illegal benefits so as to incite customers to sign insurance policies.

45. Inciting insurance buyers to cancel current insurance policies to buy new ones.

46. To advise customers to buy insurance from an insurer with conditions and terms less competitive than another insurer for the purpose of earning higher brokerage commissions.

47. To advise and introduce customers to buy life insurance with rules and terms not yet approved by the Ministry of Finance; with rules and terms contravening those promulgated by the Ministry of Finance or incompliant with Clause 4. Article 20 of Decree No. 45/2007/ND-CP of March 27. 2007. detailing the implementation of a number of articles of the Law on Insurance Business.

48. An insurance agent concurrently acting as agent for another insurer without written approval of the principal insurer.

49. Disseminating false information and advertisements about contents, scale of operation, and insurance conditions and terms of an insurer which harm the lawful rights and interests of insurance buyers.

50. Preventing insurance buyers from providing information relating to insurance policies or inciting them not to declare details related to insurance policies.

51. Fighting for customers in the forms of preventing, dragging, bribing or threatening employees or customers of other insures, insurance agents or insurance brokers.

52. Promising to offer lower insurance premiums, refund insurance premiums or offer other benefits not committed by an insurer to customers.

53. Changing the name, nationality or address or a foreign insurer or insurance broker or the name of its representative office in violation of law.

54. Relocating a representative office without notifying it in writing to the Ministry of Finance.

55. A representative office of a foreign insurer or insurance broker changing its operation contents without written approval of the Ministry of Finance.

Article 7. Acts of trade fraud in the printing, issuance, use and management of invoices

Acts of trade fraud in the printing, issuance, use and management of invoices are acts of administrative violation specified in the Government's Decree No. 89/2002/ND-CP of November 7, 2002, stipulating the printing. distribution, use and management of invoices, specifically:

1. Placing orders for printing invoices with identical marks or serial numbers; self-printing invoices without making registration and obtaining permission of a competent agency.

2. Failing to make out or improperly making out invoices when selling goods or services; using untrue invoices;

3. Making out invoices with disparities between copies bearing the same serial number.

4. Using fake invoices, expired invoices; invoices of other businesses and other invalid invoices, vouchers and documents which are not allowed to be used according to regulations.

5. Receiving or buying invoices in violation of regulations or giving away or selling invoices without permission.

Article 8. Implementation provision

This Circular takes effect 45 days from the date of its signing. Any problems arising in the course of implementation should be promptly reported to the Ministry of Finance for study and settlement.-