VI In 2026, what are the penalties for sole proprietorships issuing invoices at the wrong time? When is the correct time for sole proprietorships to issue invoices? Can sole proprietorships store invoices and accounting documents in paper form for 2026? Let’s find out more with Pham Consult!
In 2026, what are the penalties for sole proprietorships issuing invoices at the wrong time?
According to Article 24 of Decree 125/2020/ND-CP, amended by Clause 14, Article 1 of Decree 310/2025/ND-CP, Clause 5, Article 5 of Decree 125/2020/ND-CP, and Clause 4, Article 7 of Decree 125/2020/ND-CP, the penalty for issuing invoices at the wrong time is as follows:
(1) Warning penalty for issuing invoices at the wrong time for goods and services used for promotion, advertising, samples; goods and services used for giving, gifting, exchanging, paying as wages to employees and internal consumption (except for goods transferred internally to continue the production process); goods exported in the form of loans, borrowing or returning goods with one invoice;
(2) A fine of VND 250,000 to VND 750,000 shall be imposed in the case of issuing invoices at the wrong time for the following goods and services from 02 to less than 10 invoice numbers and in the case of issuing invoices at the wrong time when selling goods or providing services with 01 invoice number:
– Goods and services used for promotion, advertising, and samples;
– Goods and services used for giving, gifting, exchanging, paying as compensation to employees and internal consumption (except for goods transferred internally to continue the production process);
– Exporting goods in the form of loans, borrowings or returns of goods
(3) Fines from VND 1,000,000 to VND 2,500,000 in the case of issuing invoices at the wrong time for the following goods and services from 10 to less than 50 invoices and in the case of issuing invoices at the wrong time when selling goods, providing services from 02 to less than 10 invoices:
– Goods and services used for promotion, advertising, samples;
– Goods and services used for giving, gifting, exchanging, paying as wages to employees and internal consumption (except for goods circulated internally to continue the production process);
– Exporting goods in the form of loans, borrowings or returns of goods
(4) Fines from VND 2,500,000 to VND 7,500,000 in the case of issuing invoices at the wrong time for the following goods and services from 50 to less than 100 invoices and in the case of issuing invoices at the wrong time when selling goods, providing services from 10 to less than 20 invoices:
– Goods and services used for promotion, advertising, samples;
– Goods and services used for giving, presenting, gifting, exchanging, paying as wages to employees and internal consumption (except for goods circulated internally to continue the production process);
– Exporting goods in the form of loans, borrowings or returns of goods
(5) Fines from VND 7,500,000 to VND 15,000,000 in the case of issuing invoices at the wrong time for the following goods and services from 100 invoices or more and in the case of issuing invoices at the wrong time when selling goods, providing services from 20 invoices to less than 50 invoices:
– Goods and services used for promotion, advertising, samples;
– Goods and services used for giving, gifting, exchanging, paying as wages to employees and internal consumption (except for goods transferred internally to continue the production process);
– Exporting goods in the form of loans, borrowings, or returns of goods
(6) A fine of VND 15,000,000 to VND 25,000,000 will be imposed in the case of issuing invoices at the wrong time when selling goods or providing services from 50 to less than 100 invoices;
(7) A fine of VND 25,000,000 to VND 35,000,000 will be imposed in the case of issuing invoices at the wrong time when selling goods or providing services from 100 invoices or more.
Note: The above fines apply to violations by individuals and household businesses. For the same violation, the fine for an organization will be twice the fine for an individual. (Clause 5, Article 5, Decree 125/2020/ND-CP)
When is the time for issuing invoices for household businesses?
According to Article 9 of Decree 123/2020/ND-CP (amended by point a, clause 6, Article 1 of Decree 70/2025/ND-CP), the time of invoice issuance is stipulated as follows:
Time of invoice issuance
- The time of invoice issuance for the sale of goods (including the sale and transfer of public assets and the sale of national reserves) is the time of transfer of ownership or the right to use the goods to the buyer, regardless of whether payment has been received or not.
For the export of goods (including export processing), the time of issuance of the electronic commercial invoice, electronic value-added tax invoice, or electronic sales invoice is determined by the seller, but no later than the next working day from the date the goods are cleared through customs according to the law on customs.
- The time of invoicing for the provision of services is the time of completion of the service provision (including the provision of services to foreign organizations and individuals), regardless of whether payment has been received or not. If the service provider receives payment before or during the provision of services, the time of invoicing is the time of payment (excluding the collection of deposits or advances to ensure the performance of contracts for the provision of services such as: accounting, auditing, financial consulting, tax; valuation; surveying, technical design; supervision consulting; and preparation of construction investment projects).
According to the above regulations, the specific time when a business household must issue an invoice is as follows:
(1) The time of invoicing for the sale of goods (including the sale and transfer of public assets and the sale of national reserve goods) is the time of transferring ownership or the right to use the goods to the buyer, regardless of whether payment has been received or not.
For goods exports (including export processing), the time of issuing electronic commercial invoices, electronic value-added tax invoices or electronic sales invoices is determined by the seller, but no later than the next working day from the date the goods are cleared according to customs law regulations.
(2) The time of issuing invoices for service provision is the time of completion of service provision (including service provision to foreign organizations and individuals) regardless of whether payment has been received or not. In cases where the service provider receives payment before or during service provision, the time of issuing the invoice is the time of payment (excluding cases of receiving deposits or advances to ensure the performance of contracts for the provision of services: accounting, auditing, financial consulting, tax; valuation; surveying, technical design; consulting supervision; preparation of construction investment projects).
Can business households store invoices and accounting documents in paper form for the year 2026?
According to Article 3 of Circular 152/2025/TT-BTC (effective January 1, 2026) regulating accounting books and accounting document storage, the following applies:
Regarding accounting books and accounting document storage:
- Business households and individual businesses may choose to store accounting documents (invoices, accounting documents, accounting books, etc.) electronically or in paper form.
- The minimum storage period for accounting documents of business households and individual businesses is 5 years. For invoices, the storage period shall comply with the provisions of tax law.
- In addition to the accounting books guided in this Circular, business households and individual businesses may add more accounting books or modify the forms of accounting books to suit the needs of the unit. 4. When a new or revised accounting ledger is opened, its form must still clearly state the ledger’s name; the date of creation; the full name and signature, and seal (if any) of the business representative.
- In cases where a business household or individual uses electronic invoices and the tax authority’s tax management information system assists in determining the value-added tax (VAT), personal income tax (PIT), and other taxes payable (if any) and notifies the taxpayer, the business household or individual shall use the accounting ledger forms guided in this Circular to monitor and compare with the tax payable as notified by the tax authority.
Accordingly, from January 1, 2026, business households may choose to store accounting documents (invoices, accounting vouchers, accounting ledgers, etc.) electronically or in paper form.
Therefore, business households are permitted to store invoices and accounting documents for the year 2026 in paper form. Thus, the storage of paper copies by business households does not violate the law.
