Application of electronic invoices and vouchers in tax management in Vietnam

Currently, the application of electronic invoices and vouchers is becoming more and more popular, which partly helps tax management activities to be more effective. Let’s find out the legal regulations on this matter with Lawyer X through the following situation: “Hello Lawyer! I want to ask if the invoice, an electronic voucher is an invoice, and the document is presented in the form of electronic data, correct? How is the management and use of electronic invoices and documents currently regulated by law? Thank you for your reply!”

Legal grounds

Law on Tax Administration 2019

What is an electronic invoice?

– E-invoice is an invoice with or without the tax authority’s code, which presented in the form of electronic data made by organizations or individuals selling goods or providing services; and recording information on goods sale providing services by the law on accounting and tax by electronic means, including the case where the invoice generated from the cash register with an electronic data transfer connection with the agency.

– Electronic invoices include value-added invoices, sales invoices, electronic stamps, electronic tickets, electronic cards, electronic receipts, electronic delivery cum delivery notes, or electronic documents. has another name.

– An electronic invoice with a tax authority’s code is an electronic invoice that 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.

– An electronic invoice without a tax authority’s code is an electronic invoice that sent to a buyer by an organization selling goods or providing services without the tax authority’s code.

Applying electronic invoices and vouchers in tax management today

What is an electronic voucher?

– Electronic vouchers include vouchers and receipts presented in the form of electronic data issued by tax administration agencies or organizations responsible for withholding tax to taxpayers by electronic means when performing tax payments. carry out procedures for taxes or other state budget revenues and other electronic documents and receipts.

– The Government shall detail the types of electronic documents specified in Article 94 of the Law on Tax Administration and the management and use of electronic documents.

Principles of making, managing, and using e-invoices

– When selling goods or providing services, the seller must issue an e-invoice to deliver to the buyer in a standard data format and must fully record the contents by the provisions of tax and accounting laws. payment, regardless of the value of each sale of goods or provision of services.

– In case the seller uses a cash register, the seller registers to use an e-invoice created from the cash register with an electronic data transfer connection with the tax authority.

– The registration, management, and use of e-invoices in the sale of goods and provision of services must comply with the law on electronic transactions, the law on accounting, and the law on tax.

– The issuance of the tax authority’s code on e-invoices is based on information of enterprises, economic organizations, other organizations, business households, and business individuals made on invoices. Enterprises, economic organizations, other organizations, business households, and business individuals are responsible for the accuracy of the information on invoices.

How do apply e-invoices when selling goods and providing services?

– Enterprises and economic organizations 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 service unless otherwise specified. in Clauses 2 and 4, Article 90 of the Law on Tax Administration

– 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, transportation aviation, road, railway, sea, waterway; and enterprises and economic organizations that have or will conduct transactions with tax authorities by electronic means, build information technology infrastructure, have an accounting software system, 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 When selling goods or providing services, regardless of the value of each sale of goods; or provision of services, they may use e-invoices without the tax authority’s code when selling goods or providing services to the tax authority. on high taxes according to the regulations of the Minister of Finance and the case of registration of using electronic invoices with the tax authority’s code.

– Business households and individuals that fall into the cases specified in Clause 5, Article 51 of the Law on Tax Administration and the cases in which revenue can determine; when selling goods and services using e-invoices with the agency’s code tax when selling goods or 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, Article 90 of the Law on Tax Administration; but need an invoice to deliver to customers. or in case an enterprise, economic organization; or other organization approved by the tax authority to issue an e-invoice for delivery to a customer; an e-invoice with a code shall issue by the tax authority for each time it is generated and must declare and pay tax before the tax authority issues an e-invoice each time it is incurred.

Database on electronic invoices according to current regulations

– Tax authorities are responsible for organizing the construction, management; and development of the database and technical infrastructure of the invoice information system; organize the performance of the task of collecting, processing information, managing the invoice database; and ensuring the maintenance, operation, confidentiality, security and safety of the invoice information system; Develop standard invoice format.

The database of e-invoices is used to serve tax management and provide information on e-invoices to relevant organizations and individuals.

– Enterprises and economic organizations specified in Clause 2, Article 91 of the Law on Tax Administration using e-invoices; without tax authority’s code shall provide e-invoice data according to the Minister’s regulations financial.

– The Ministry of Industry and Trade, the Ministry of Natural Resources and Environment, the Ministry of Public Security, the Ministry of Transport, the Ministry of Health; and other relevant agencies are responsible for connecting and sharing relevant information and data needed in the field; management area with the Ministry of Finance to build a database of electronic invoices.

– When inspecting goods circulating on the market, in the case of using e-invoices, state agencies and competent persons can access the tax authority’s electronic portal to look up information on goods. E-invoices serve management requirements, not require paper invoices. Relevant agencies are responsible for using devices to access and look up electronic invoice data.

– The Minister of Finance shall stipulate the form, management, and use of electronic stamps; regulate the search, provision, and use of electronic invoice information; regulations on the provision of electronic invoice information in case the invoice data cannot look up due to incidents or natural disasters affecting Internet access.

Related article:

• TAX ENFORCEMENT MEASURES ACCORDING TO VIET NAM LAW ON TAX ADMINISTRATION
• HOW IS TAX INSPECTION PERFORMED ACCORDING TO CURRENT LEGAL REGULATIONS?

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