Are e-invoices without the tax authority’s authentication code in the form of electronic data considered as e-invoices in Vietnam?

Are e-invoices without the tax authority’s authentication code in the form of electronic data considered as e-invoices in Vietnam?

Currently, there is no definition of e-tax invoices. However, reference can be made according to Clauses 2 and 3, Article 3 of Decree 123/2020/ND-CP as follows:

- An e-invoice is an invoice with or without a tax authority’s authentication code displayed in the form of electronic data, created by organizations or individuals selling goods, providing services by e-means to record information on the sale of goods, provision of services as stipulated by accounting and tax laws, including cases where the invoice is generated from a cash register connected to a data transfer system linked to the tax authority, in which:

+ An authenticated e-invoice is an e-invoice issued a code by the tax authority before the organization or individual selling goods or providing services sends it to the buyer.

The tax authority’s authentication code on e-invoices includes a transaction number, which is a unique series 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 recorded on the invoice.

+ An unauthenticated e-invoice is an e-invoice sent by the organization selling goods or providing services to the buyer without a tax authority’s authentication code.

- Invoices printed by the tax authority are invoices displayed in paper form, printed by the tax authority to be sold to organizations and individuals eligible to purchase invoices from the tax authority as stipulated in Article 23 of Decree 123/2020/ND-CP for use when selling goods, providing services.

Based on the above regulations, e-invoices are invoices with or without a tax authority’s authentication code displayed in the form of electronic data, created by organizations or individuals selling goods or providing services.

Therefore, an unauthenticated e-invoice in the form of electronic data still qualifies as an e-invoice.

Are e-invoices without the tax authority’s authentication code in the form of electronic data considered as e-invoices in Vietnam? (Image from Internet)

How to convert e-invoices to paper invoices in Vietnam?

Based on Article 7 of Decree 123/2020/ND-CP, the regulation on converting e-invoices, e-documents into paper invoices and documents is as follows:

- Legal e-invoices and e-documents can be converted into paper invoices and documents when economic and financial transaction requirements arise or upon the request of the tax management authority, audit agency, inspection agency, investigation agency, and according to the law on inspection, examination, and investigation.

- The conversion of e-invoices and e-documents into paper invoices and documents must ensure the accuracy of the content between the e-invoices, e-documents, and the paper invoices and documents after conversion.

- When e-invoices and e-documents are converted into paper invoices and documents, these paper invoices and documents are only valid for bookkeeping and monitoring according to accounting and e-transaction laws, and are not valid for transactions and payments, except in cases where invoices are generated from cash registers connected to a data transfer system linked to the tax authority as stipulated in Decree 123/2020/ND-CP.

What are electronic invoice-related services in Vietnam?

Based on Clause 1, Article 92 of Tax Administration Law 2019, the regulation on electronic invoice-related services is as follows:

- electronic invoice-related services include the service of providing e-invoice solutions without a tax authority’s authentication code, the service of transmitting e-invoice data without a tax authority’s authentication code from taxpayers to the tax authority, and the service of e-invoices with a tax authority’s authentication code.

- Organizations providing electronic invoice-related services include organizations providing e-invoice solutions, organizations providing services for receiving, transmitting, and storing e-invoice data, and other services related to e-invoices.

- the Government of Vietnam details this Article and stipulates cases of using e-invoices with a tax authority’s authentication code free of charge, cases of using e-invoices with a tax authority’s authentication code requiring service fees, and cases of using e-invoices without a tax authority’s authentication code through service-providing organizations.

- The Minister of Finance regulates the criteria for selecting organizations providing electronic invoice-related services to sign contracts for providing coded electronic invoice-related services and services for receiving, transmitting, and storing data related to e-invoices.

Therefore, the electronic invoice-related services include the service of providing e-invoice solutions without a tax authority’s authentication code, the service of transmitting e-invoice data without a tax authority’s authentication code from taxpayers to the tax authority, and the service of e-invoices with a tax authority’s authentication code.