Vietnam: When to be issued with authenticated e-invoices of tax authority?

According to Article 13 of the Decree No. 123/2020/NĐ-CP of Vietnam’s Government, entities using e-invoices shall comply with the provisions in Article 91 of the Law on Tax Administration of Vietnam. Cases of high tax risk shall comply with specific regulations of the Minister of Finance. Issuance and tax declaration upon tax authority’s separate provision of authenticated e-invoices:

Firstly, authenticated e-invoices that are sales invoices are provided separately in the following cases:

- Household and individual businesses specified in Clause 4 Article 91 of the Law on Tax Administration of Vietnam that are not qualified to use authenticated e-invoices but need to provide invoices for their clients;

- Non-business organizations that sell goods or services on an occasional basis;

- Any enterprise that liquidates its assets after its dissolution, bankruptcy or TIN invalidation and thus needs to provide invoices for the buyers;

- Any enterprise, business entity, household business or individual business that pays VAT directly and:

+ ceases business operation without completing procedures for TIN invalidation, liquidates assets and thus needs to provide invoices for the buyers;

+ suspends business operation and needs to provide invoices for customers to execute the contracts concluded before the date on which the tax authority notifies the business suspension;

+ is banned from using invoices by the tax authority.

Secondly, authenticated e-invoices that are VAT invoices are provided separately in the following cases:

- Any enterprise, business entity or other organization paying VAT following credit-invoice method and:

+ ceases business operation without completing procedures for TIN invalidation, liquidates assets and thus needs to provide invoices for the buyers;

+ suspends business operation and needs to provide invoices for customers to execute the contracts concluded before the date on which the tax authority notifies the business suspension;

+ is banned from using invoices by the tax authority.

- In case a state-owned organization that does not pay VAT following credit-invoice method sells its assets at auction and the selling prices are inclusive of VAT according to the auction documents approved by a competent authority, VAT invoices shall be provided for giving to the buyers.

View more details at the Decree No. 123/2020/NĐ-CP of Vietnam’s Government, effective from July 01, 2022.

Le Vy

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE