Can the date on an e-invoice be backdated in Vietnam? Is there a fine?

Can the date on an e-Invoice be backdated in Vietnam?

According to the provisions of Article 9 of Decree 123/2020/ND-CP regarding the timing of invoice issuance:

- For the sale of goods (including the sale of state assets, seized assets, assets appropriated to the state budget, and selling national reserves): It is the point of transfer of ownership or the right to use the goods to the buyer, regardless of whether payment has been made or not.

- For the provision of services: It is the point when the service provision is completed, irrespective of whether payment has been made or not. If the service provider collects payment in advance or during the service provision, the time of invoicing is the time of payment collection.

Additionally, for other cases like partial delivery or staged services, invoices must also be issued for each part or volume of goods and services delivered.

Companies are not allowed to backdate invoices. The act of issuing an invoice at the wrong time or backdating an e-invoice may be subject to administrative fine for invoice violations, according to the provisions of Article 24 of Decree 125/2020/ND-CP, supplemented by Clause 3, Article 1 of Decree 102/2021/ND-CP.

Can the date on an e-invoice be backdated in Vietnam? Is there a fine? (Image from the Internet)

What is the administrative fine for backdating an invoice in Vietnam?

According to Article 24 of Decree 125/2020/ND-CP, supplemented by Clause 3, Article 1 of Decree 102/2021/ND-CP as follows:

Penalty for violations regarding invoice preparation when selling goods or providing services

1. A warning shall be imposed for one of the following acts:

a) Preparing invoices at the incorrect time without causing delay in performing tax obligations and having mitigating circumstances;

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3. A fine ranging from 3,000,000 VND to 5,000,000 VND shall be imposed for preparing invoices at the incorrect time but without causing delay in performing tax obligations, except as provided for in Point a Clause 1 of this Article.

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4. A fine ranging from 4,000,000 VND to 8,000,000 VND shall be imposed for one of the following acts:

a) Preparing invoices at the incorrect time according to the legal provisions on invoices for selling goods and providing services, except as provided for in Point a Clause 1 and Clause 3 of this Article;

According to the law, enterprises are not allowed to backdate e-invoices.

If the invoice is not prepared at the correct time or backdated, it will be subject to administrative fines regarding invoices. The specific penalties are as follows:

(1) Warning:

- Preparing invoices at the incorrect time but not causing a delay in performing tax obligations and having mitigating circumstances;

(2) Fine ranging from 3,000,000 VND to 5,000,000 VND

For preparing invoices at the incorrect time but not causing delay in performing tax obligations, except as provided for in Point a Clause 1 of this Article.

(3) Fine ranging from 4,000,000 VND to 8,000,000 VND:

- Preparing invoices at the incorrect time according to the legal provisions on invoices for selling goods and providing services, except as provided for in Point a Clause 1 and Clause 3 of this Article.

Note: According to Clause 5, Article 5 of Decree 125/2020/ND-CP and Clause 4, Article 7 of Decree 125/2020/ND-CP, the above fines apply to organizations, with the fine amount for organizations being double that of individuals.

What are the contents of an e-invoice in Vietnam?

Based on Article 10 of Decree 123/2020/ND-CP and Article 4 of Circular 78/2021/TT-BTC, the contents of an e-invoice include:

- Invoice name, invoice symbol, invoice template number.

- Name of invoice copy applies to the invoice printed by the tax authority following the Ministry of Finance guidance.

- Invoice number

- Name, address, tax code of the seller

- Name, address, tax code of the buyer

- Name, unit of measure, quantity, unit price of goods or services; amount excluding VAT, VAT rate, total VAT by tax rate, total VAT amount, total payment including VAT.

- Signature of the seller, signature of the buyer

- Time of invoice preparation

- Time of digital signing on the e-invoice

- Tax authority code in case of an e-invoice with a tax code

- Fees, charges belonging to the state budget, trade discounts, promotions (if any) as guided under Point e Clause 6 of this Article and other related contents (if any)

- Name, tax code of the organization printing invoices for the invoices printed by the tax authority.

- Letters, numbers, and currency on the invoice

- Other contents on the invoice