Regulations on the use of e-invoices with codes of tax authorities in Vietnam
There are two types of e-invoices: e-invoices with tax authorities’ codes and e-invoices without tax authorities’ codes. So “Is it mandatory to use e-invoices with tax authority codes?” are not? Here, let’s find out with Lawyer X about the issue.
Legal grounds
- Law on Tax Administration 2019
- Decree 123/2020/ND-CP
What is an invoice? What is an electronic invoice?
An invoice is an accounting document made by an organization or individual selling goods or providing services, and recording information on goods sale or service provision. Invoices are presented in the form of electronic invoices or invoices printed by tax authorities.
E-invoice is an invoice with or without the tax authority’s code, which is presented in the form of electronic data, made by electronic means by organizations or individuals selling goods or providing services to record information on the sale of goods and provision of services by the law on accounting and tax law, including the case where the invoice is generated from the cash register connected to the electronic data transfer with the tax authority, in there:
– An electronic invoice with a tax authority’s code is an electronic invoice that is issued a code by a tax authority before an organization or individual selling goods or providing services sends it to the buyer.
The tax authority’s code on the e-invoice includes the transaction number, which is a unique sequence of numbers generated by the tax authority’s system, and a string of characters encoded by the tax authority based on the seller’s information on the invoice receipt.
– An electronic invoice without a tax authority’s code is an electronic invoice sent to a buyer by an organization selling goods or providing services without the tax authority’s code.
Invoices ordered by tax authorities are invoices presented in paper form ordered by tax authorities to be sold to organizations and individuals that are eligible to purchase invoices from tax authorities as prescribed in Article 23 This Decree is for use when selling goods and providing services.
What is the principle of making and using invoices?
When selling goods or providing services, the seller must issue an invoice to deliver to the buyer (including cases where goods and services are used for promotion, advertising, samples; forgiving, giving, giving, exchanging, paying wages for employees, and for internal consumption (except for goods circulated internally to continue the production process); exporting goods in the form of loans, giving borrowing or returning goods) and must fully write the contents as prescribed in Article 10 of this Decree. In the case of using e-invoices, it must follow the standard data format of the tax authorities as prescribed in Article 12 of this Decree.
When deducting personal income tax, when collecting taxes, fees, and charges, tax withholding organizations, charge and fee collection organizations, and tax collectors must make tax withholding vouchers, tax, and fee collection shall be delivered to persons with incomes subject to tax withholding, taxpayers, and payers of fees, and must be fully recorded as prescribed in Article 32 of this Decree. In the case of using electronic receipts, it must follow the standard data format of the tax authorities. In case individuals authorize tax finalization, they will not issue personal income tax withholding documents.
Is it mandatory to use e-invoices with tax authority codes?
Pursuant the provisions of Article 91 of the Law on Tax Administration 2019 stipulates that:
Enterprises and economic organizations shall use e-invoices with tax authorities’ codes when selling goods or providing services regardless of the value of each sale of goods or provision of services, except for the case specified in Clauses 2 and 4 of this Article.
Enterprises doing business in the fields of electricity, petroleum, post and telecommunications, clean water, finance and credit, insurance, healthcare, e-commerce business, supermarket business, commerce, freight transport air, road, railway, sea, waterway and businesses, and economic organizations that have or will conduct transactions with tax authorities by electronic means, build information technology infrastructure, systematically accounting software, electronic invoicing software to meet the preparation and lookup of e-invoices, store e-invoice data according to regulations and ensure the transmission of e-invoice data to buyers and customer. Tax authorities are allowed to use e-invoices without the tax authority’s code when selling goods or providing services, regardless of the value of each sale of goods or provision of services, except for cases of high tax according to the regulations of the Minister of Finance and the case of registration of using e-invoices with the tax authority’s code.
Business households and individuals that fall into the cases specified in Clause 5, Article 51 of this Law and the cases in which revenue can be determined when selling goods or services using e-invoices with tax authorities’ codes when selling goods and providing services.
Business households and individuals do not meet the conditions to use e-invoices with the tax authority’s code specified in Clauses 1 and 3 of this Article but need an invoice to deliver to customers or in case the business does not meet the requirements. If an enterprise, economic organization, or other organization is approved by the tax authority to issue an e-invoice for delivery to a customer, the tax authority shall issue an e-invoice with a code according to each time it is incurred and must declare and pay tax. before the tax authority issues an e-invoice each time it is generated.
Related article:
- Instructions for declaring personal income tax for foreigners in Vietnam
- Who does not have to pay personal income tax in Vietnam?
- Who must pay personal income tax in Vietnam 2022?
Các câu hỏi thường gặp
E-invoice services include providing e-invoice solutions without tax authority’s code, and e-invoice data transmission services without tax authority’s code from taxpayers to tax authorities. tax and e-invoice service with tax authority code.
Enterprises doing business in the field of electricity, petrol, and oil may use e-invoices without the tax authority’s code when selling goods or providing services, regardless of the value of each sale of goods or provision of services. services, except for cases of high tax risk as prescribed by the Minister of Finance and for registration of using e-invoices with tax authorities’ codes.
If the above case occurs, an invoice is required to deliver to the customer, or in the case of an enterprise, economic organization, or other organization approved by the tax authority to issue an electronic invoice to be delivered to the customer, the tax authority shall issue an electronic invoice to the customer. Taxes issue e-invoices with codes according to each time they are incurred and must declare and pay tax before the tax authorities issue e-invoices each time they are incurred.
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