Are e-records considered accounting records in Vietnam? What does an e-tax dossier include?

Are e-records considered accounting records in Vietnam?

Pursuant to Clause 1, Article 17 of the Law on Accounting 2015, e-records are regulated as follows:

E-records

1. An e-record is considered an accounting record when it contains the contents specified in Article 16 of this Law and is represented in e-data form, encoded without alteration during the transmission over computer networks, telecommunications networks, or on information carriers such as magnetic tapes, magnetic disks, and various payment cards.

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An e-record is considered an accounting record when it meets the following conditions:

- It contains the following contents:

+ Name and code of the accounting record;

+ Date, month, year of creating the accounting record;

+ Name, address of the agency, organization, unit, or individual creating the accounting record;

+ Name, address of the agency, organization, unit, or individual receiving the accounting record;

+ Content of economic, financial transactions arising;

+ Quantity, unit price, and amount of the economic, financial transaction recorded in numbers; total amount of the accounting record for collecting or spending money recorded in numbers and in words;

+ Signature, full name of the creator, approver, and related persons to the accounting record.

- It is represented in e-data form, encoded without alteration during transmission over computer networks, telecommunications networks, or on information carriers such as magnetic tapes, magnetic disks, and various payment cards.

Are e-records considered accounting records in Vietnam? What does an e-tax dossier include? (Image from Internet)

Vietnam: What does an e-tax dossier during e-tax transactions include?

Pursuant to Clause 1, Article 6 of Circular 19/2021/TT-BTC, it is regulated as follows:

E-records during e-tax transactions

1. e-records include:

a) e-tax dossier: taxpayer registration dossier; tax declaration dossier; confirmation of tax obligation fulfillment; checking tax payment information; procedures for offsetting tax, late payment, and overpaid fines; tax refund dossier; tax exemption and reduction dossier; exemption from late payment; non-calculation of late payment; dossier of tax debt profiling; dossier of tax debt clearance, late payment, fines; tax payment extension; gradual payment of tax debt and other tax-related dossiers, records in e-form as prescribed in the Law on Tax Administration and guiding records of the Law on Tax Administration.

b) e-State Budget Revenue (NSNN) payment record: NSNN payment record in accordance with Decree No. 11/2020/ND-CP dated January 20, 2020, of the Government of Vietnam on administrative procedures in the field of State Treasury (hereinafter referred to as Decree No. 11/2020/ND-CP) in e-form. In cases of tax payment through e-tax payment forms of banks or intermediary payment service providers, the NSNN payment record is the transaction record of such banks or providers which must ensure all information as per the NSNN payment record template.

c) Notifications, decisions, and other records of the tax authority in e-form.

d) e-records as prescribed in this clause must be electronically signed as regulated in Article 7 of this Circular. Should an e-tax dossier include accompanying records in paper form, they must be converted to e-form as regulated by the Law on e-Transactions, Decree No. 165/2018/ND-CP dated December 24, 2018, of the Government of Vietnam on e-transactions in financial activities (hereinafter referred to as Decree No. 165/2018/ND-CP).

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Thus, e-tax dossiers during e-tax transactions include:

- Taxpayer registration dossier;

- Tax declaration dossier;

- Confirmation of tax obligation fulfillment; checking tax payment information; procedures for offsetting tax, late payment, overpaid fines;

- Tax refund dossier;

- Tax exemption and reduction dossier; exemption from late payment; non-calculation of late payment;

- Tax debt profiling dossier;

- Tax debt clearance dossier, late payment, fines; tax payment extension; gradual payment of tax debt

- And other tax-related dossiers, records in e-form as prescribed by the Law on Tax Administration 2019 and guiding records of the Law on Tax Administration 2019.

When is the time to submit e-tax dossiers and pay e-taxes in Vietnam?

Pursuant to Clause 1, Article 8 of Circular 19/2021/TT-BTC, the following content is regulated:

Method of determining the time for submitting e-tax dossiers, paying e-taxes by taxpayers, and the time tax authorities send notifications, decisions, records to taxpayers

1. Time for submitting e-tax dossiers, paying e-taxes

a) Taxpayers are allowed to carry out e-tax transactions 24 hours a day (from 00:00:00 to 23:59:59) and 7 days a week, including weekends, public holidays, and Tet holidays. The time taxpayers submit dossiers is determined as on the day if the dossier is successfully signed and sent within the time frame from 00:00:00 to 23:59:59 of the day.

b) The time of confirmation of submission of e-tax dossiers is determined as follows:

b.1) For e-taxpayer registration dossiers: it is the day the tax authority's system receives the dossier and is recorded on the Taxpayer Registration Dossier Receipt Notice sent by the tax authority to the taxpayer (as per form No. 01-1/TB-TDT issued with this Circular).

b.2) For tax declaration dossiers (except tax declaration dossiers in cases where the tax management authority calculates taxes, notifies taxpayers to pay taxes as prescribed in Article 13 of Decree No. 126/2020/ND-CP): it is the day the tax authority's system receives the dossier and is recorded on the Tax Declaration Dossier Receipt Notice sent by the tax authority to the taxpayer (as per form No. 01-1/TB-TDT issued with this Circular) if the tax declaration dossier is accepted by the tax authority in the e-Tax Declaration Dossier Acceptance Notice sent by the tax authority to the taxpayer (as per form No. 01-2/TB-TDT issued with this Circular).

Specifically for tax declaration dossiers including accompanying records submitted directly or sent via postal services: The confirmation time of submission of tax declaration dossier is calculated according to the day the taxpayer completes submitting the full dossier as prescribed.

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Taxpayers are allowed to carry out e-tax transactions 24 hours a day (from 00:00:00 to 23:59:59) and 7 days a week, including weekends, public holidays, and Tet holidays.

Note: The time taxpayers submit dossiers is determined as on the day if the dossier is successfully signed and sent within the time frame from 00:00:00 to 23:59:59 of the day.