Vietnam: What is penalty for wrong declaration of HS code?

Time limit for imposing penalties

Pursuant to Article 4 at 128/2020/ND-CP

Article 4. Time limit for imposing penalties for administrative customs offences

1. Time limit for imposing penalties for offences against tax administration:

a) The time limit for imposition of penalties for tax evasion that is not liable to criminal prosecution, understatement of tax payable or overstatement of tax eligible for refund, remission or cancellation is 05 years from the day on which the offence is committed;


Sanctions regulation:

Pursuant to Article 14 at 128/2020/ND-CP

Article 14. Penalties for tax evasion

1.Acts of tax evasion include:


b) Incorrectly declaring codes of goods, tax rates or tax amount though instructions have been provided by the Ministry of Finance or the customs authority as prescribed;


2.The taxpayer that commits any of the violations specified in Clause 1 of this Article which is not liable to criminal prosecution shall also incur a fine as follows:

a) A fine equal to the amount of evaded tax if no aggravating circumstances are found;

b) Every aggravating circumstance that is found will cause the fine to increase by 20% but not exceeding 03 times the evaded tax.

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