Fixing loopholes in electronic invoice management.
Electronic invoices are expected to be an effective tool to increase transparency in production and business activities, reduce fraud, and prevent revenue losses for the State budget. However, in reality, alongside the positive results, there are still loopholes in management, preventing the complete eradication of illegal invoice trading.
These are not new tactics.
The series of cases discovered and prosecuted recently shows that electronic invoices do not make fraud disappear, but only shift the violation from manual to digital data, making it more difficult to detect without effective control measures.
On December 17, 2025, the Economic Police Department of Nghe An Provincial Police served the decisions to initiate legal proceedings.report the caseThe court has initiated criminal proceedings against VS (born in 1979, residing in Tam Hop commune, Nghe An province), Director of Son Thai Long Co., Ltd., along with 5 other individuals, for the crimes of violating accounting regulations causing serious consequences and illegally buying and selling invoices and documents for collecting state budget revenue.
According to the investigation results, from 2024 to the present, Son Thai Long Co., Ltd., a company operating in the mineral trading sector, has been purchasing 3,000 to 4,000 tons of gravel, sand, and stone monthly from mines in Nghe An province, then transporting and selling them in many northern provinces. Because most of the minerals lacked legal invoices, VS instructed its employees to purchase value-added tax invoices to legitimize accounting documents, causing a loss of nearly 3 billion VND to the state budget.
Previously, on June 15, 2024, the Nghi Loc District Police (at the time before the administrative unit was separated) also initiated a criminal case and prosecuted TTP (born in 1983, residing in the former Vinh City), Director of Chinh Uy Trading and Construction Co., Ltd., along with the company's accountant, for the illegal buying and selling of value-added tax invoices.
The investigating agency determined that, between mid-2022 and mid-2023, TTP purchased 81 value-added tax invoices, with a total pre-tax value of goods recorded on the invoices of nearly 30 billion VND, in order to declare and deduct taxes, legitimize fictitious input goods and services, and then resell them to other businesses in need.
The tactics used by those involved in buying and selling invoices are not new. These individuals often establish "ghost" businesses or businesses operating at a minimal level, with no actual transactions, but registering all necessary business activities to qualify for issuing electronic invoices. These invoices are then sold to businesses needing to legitimize expenses, conceal the origin of goods, minerals, or services that do not actually exist, in order to evade taxes or claim illegal tax deductions.
In the electronic invoicing environment, violations primarily occur in digital data, not linked to actual goods or services. Some individuals even split invoice values into smaller amounts, creating convoluted documentation through multiple intermediary businesses, generating "virtual" data streams to evade tax authority oversight.
Notably, on social media platforms, numerous anonymous accounts and private groups openly advertise the sale of invoices with offers such as "invoices for all industries," "fast issuance, legitimizing expenses," and "no actual transactions required," turning illegal activities into a form of "underground service."
More worryingly, in the context of widespread adoption of electronic invoices, many businesses have become complacent, believing that simply having "the correct format on the system" is sufficient, while the nature of the transactions is not strictly controlled. This inadvertently creates loopholes that allow individuals to exploit technology to conceal violations.
In reality, many businesses, even those not directly involved in buying and selling invoices, still abet fraud by using input invoices indiscriminately, without verifying the authenticity of partners, goods, and services. When the case is discovered, the legal risks not only affect the invoice seller but also spread to businesses using illegal invoices, causing a chain reaction of negative consequences for the business environment.
Tighten management
According to current regulations, the illegal buying and selling of invoices, and the use of illegal invoices, may be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation.
Recently, Decree No. 310/2025/ND-CP, amending and supplementing Decree 125/2020/ND-CP on administrative penalties in the field of tax and invoices, has been issued and will take effect from January 16, 2026. This decree expands the scope of violations, clarifies the subjects of penalties, and increases the penalties for many fraudulent invoice acts, thereby increasing the deterrent effect in practice.
The continuous improvement of the legal framework demonstrates the State's determination to strictly control the use of invoices. However, many argue that focusing solely on penalties after violations is insufficient. The core issue lies in early detection and prevention, through strict control from the business registration stage, risk management by industry and sector, and tax compliance history.
Besides administrative penalties, the 2015 Penal Code (amended and supplemented in 2017) also stipulates strict sanctions for the illegal buying and selling of invoices and the use of illegal invoices to evade taxes. Depending on the nature, extent, and scale of the violation, offenders may face large fines or imprisonment for up to 7 years, along with additional penalties such as bans from practicing their profession or suspension of operations.
However, the reality shows that, despite relatively comprehensive regulations, the illegal buying and selling of invoices has not been completely eradicated. Many cases are only discovered after a long time, when consequences have already occurred, causing significant revenue losses for the State budget.
This requires authorities not only to tighten legal regulations but also to improve enforcement efficiency, promote the application of information technology, exploit big data, and strengthen cross-referencing between electronic invoices, tax declarations, cash flow, and the actual production and business activities of enterprises. Simultaneously, it is necessary to continue promoting awareness and compliance with tax and invoice laws among organizations and individuals to prevent violations at their source.
