Is it possible to issue an invoice for each payment in accordance with Vietnamese law?
“Hello, Lawyer, I have the following questions that I hope to be answered by a lawyer: I see that the warehouse providing goods and services for customers, companies, and businesses is divided into many deliveries and each delivery will pay for the goods in that batch or the amount many businesses want to divide into several payments, so how is the correct invoice? Answered by a lawyer, I sincerely thank you!”. Thank you for sending us your question. To answer this, today, LSX Lawfirm will give you an article about “Is it possible to issue an invoice for each payment in accordance with Vietnamese law?“, as follows:
Legal grounds
Circular 39/2014/TT-BTC
What is an invoice?
According to the provisions of Decree 51/2010/ND-CP, an invoice is a document made by the seller, recording information on selling goods and services in accordance with the law. In addition, there are the following concepts:
A legal invoice is an invoice that is correct and complete in form and content as prescribed by law.
A fake invoice means an invoice printed or created according to the issued invoice form of another organization or individual, or printed or created with the same number of the same invoice symbol.
Is it possible to invoice each payment?
According to Clause 2, Article 16 of Circular 39/2014/TT-BTC stipulating:
– Firstly, the Invoice date for construction and installation activities is the time of acceptance and handover of works, work items, completed construction, and installation volumes (regardless of whether money has collected or not). earn money).
– Secondly, In the case of multiple deliveries or handing over each item, service stage, or project, each delivery or handover must issue an invoice for the volume and value of the delivered goods or services respectively.
– Thirdly, In case the organization trading in real estate, builds infrastructure, builds houses for sale or transfer, or collects money according to the project implementation schedule or the payment schedule stated in the contract, the date of making an invoice is the date of collection.
According to Clause 5, Article 8 of Circular 219/2013/TT-BTC stipulates the time of determining VAT as follows:
– For construction and installation, including shipbuilding, is the time of acceptance, handover of works, work items, completed construction, and installation volume, regardless of whether money has collected or not. get money. Thus, the issuance of invoices will be based on the time of handover, transfer of ownership according to each item, work volume, project progress stated in the contract, etc., regardless of each payment.
Thus, an invoice issued for each payment when the payments coincide with the time of handing over, transferring ownership according to each item, work volume, project progress, etc.
Time to determine VAT on each payment?
Pursuant to Article 8 of Decree 219/2013/ND-CP stipulating the time of determining VAT for each payment as follows:
1. For the sale of goods, it is the time when the ownership or right; to use the goods transferred to the buyer, regardless of whether money has collected or not.
2. For service provision, it is the time when the service completed; or the service invoice issued, regardless of whether money has collected or not.
For telecommunications services, it is the time to complete the verification of data on telecommunications connection service; charges under economic contracts between telecommunications service providers; but no later than 2 months from the date of issuance. charges for telecommunication connection services.
3. For electricity and clean water supply activities, it is the date on; which the electricity and water consumption figures recorded on the meter to recorded on the bill of lading.
4. For real estate business, infrastructure construction, house construction for sale, transfer, or lease, the time to collect money is according to the project implementation progress or the payment schedule stated in the contract. copper. Based on the collected amount, business establishments shall declare output VAT arising in the period.
5. For construction and installation, including shipbuilding, is the time of acceptance, handover of works, work items, completed construction, and installation volumes, regardless of whether money has collected or not. have not received the money.
6. For imported goods, it is the time of customs declaration registration.
Can’t use invoices without setting up a business?
If you do not want to establish a company, you can register as an individual business household and use sales invoices purchased from tax authorities according to the provisions of Article 11 of Circular No. 39/2014/TT-BTC, specifically as follows:
“Article 11: Tax authorities sell invoices to the following subjects:
a) Organizations that are not enterprises but have business activities (including cooperatives, foreign contractors, and project management boards).
Organizations that not enterprises but have business activities are organizations that have business activities but not established and operate under the Enterprise Law and other specialized business laws then.
b) Business households and individuals;
c) Business organizations, and enterprises pay VAT by the direct method according to the percentage of turnover;
d) Enterprises are using self-printed or ordered invoices which are high tax risks;
đ) Enterprises using self-printed or ordered invoices that commit violations on invoices shall administratively handled for acts of tax evasion or tax fraud.
Enterprises guided at Points d and dd of this Clause purchase invoices from tax authorities within 12 months. At the end of 12 months, based on the use of invoices, the enterprise’s tax declaration and payment, and the enterprise’s request, within 5 working days, the tax authority shall send a written notice to the enterprise that changes to self-create invoices for use or continue to buy invoices from tax authorities if the conditions for self-printing or ordering invoices not satisfied (form No. 3.15, Appendix 3 issued together with this Circular)”.
Consulting service of LSX Lawfirm
Above is LSX Lawfirm’s advice on the content of the problem “Is it possible to issue an invoice for each payment in accordance with Vietnamese law?”. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.
- FB: www.facebook.com/luatsux
- Tiktok: https://www.tiktok.com/@luatsux
- Youtube: https://www.youtube.com/Luatsux
Related article
- Application of electronic invoices and vouchers in tax management in Vietnam
- Can Vietnamese state agencies hire outside accounting services?
- Conditions for trading in medical chemicals according to Vietnamese law
- Procedures for purchasing single invoices at Vietnam Tax Department
Related questions
The procedures for buying and selling invoices are specified in Article 12 of Circular No. 39/2014/TT-BTC as follows:
– Firstly, Invoices printed by the Tax Department are sold at a price guaranteed to cover costs, including ordering price and issuance fee. The Director of the Tax Department shall decide and post the invoice selling price according to the above principles. Tax authorities at all levels are not allowed to collect any additional revenue other than the listed selling price. The managing tax agency directly sells invoices to the subjects guided in Clause 1, Article 11.
– Secondly, Sell invoices at tax offices.
– Firstly, Circular No. 39/2014/TT-BTC stipulates that the date of issuance of a sales invoice is the time when the ownership or the right to use the goods is transferred to the buyer, regardless of whether the money has been collected or not. money.
– Secondly, For the cases of multiple deliveries, each delivery must be invoiced for the volume and value of the goods delivered respectively.
– Firstly, the Invoice date is the date of completion of the service provision, regardless of whether money has been collected or not.
– Secondly, If the service provider collects money before or during service provision, the invoice date is the date of payment.
Contact LSX Lawfirm
Finally, hope this article is useful for you; answer the question: “ Is it possible to issue an invoice for each payment in accordance with Vietnamese law? “. If you need more information, please contact LSX Law firm: at +84846175333 or Email: [email protected].
Conclusion: So the above is Is it possible to issue an invoice for each payment in accordance with Vietnamese law?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
