In case where multiple deliveries are required, when should the invoice be issued in Vietnam?
In case where multiple deliveries are required, when should the invoice be issued in Vietnam?
According to Article 9 of Decree 123/2020/ND-CP, it is stipulated as follows:
Time of invoice issuance
1. The time of invoice issuance for the sale of goods (including the sale of state assets, assets confiscated and submitted to the state treasury, and the sale of national reserve goods) is the time of transfer of ownership or use rights of goods to the buyer, regardless of whether the payment has been received or not.
2. The time of invoice issuance for service provision is the time of service completion, regardless of whether payment has been received. In cases where the service provider collects money in advance or during the service provision, the invoice issuance time is the time of money receipt (excluding the case of collection of deposits or advances to ensure the performance of service contracts such as accounting, audit, financial consulting, tax; price appraisal; survey, technical design; supervision consultancy; project preparation for construction investment).
3. In case where multiple deliveries are required or handover of each item or service stage, each delivery or handover requires an invoice for the respective quantity and value of goods or services delivered.
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Accordingly, based on the above regulation, In case where multiple deliveries are required, the time of invoice issuance is each time goods are delivered or handed over, and an invoice must be issued for the respective quantity and value of goods or services delivered.
In case where multiple deliveries are required, when should the invoice be issued in Vietnam? (Image from Internet)
What is the penalty for issuing e-invoices at the wrong time in Vietnam?
According to Article 24 of Decree 125/2020/ND-CP, supplemented by Clause 3 Article 1 of Decree 102/2021/ND-CP, the following is stipulated:
Penalty for violations related to invoice issuance when selling goods, services
1. A warning is issued for any of the following acts:
a) Issuing invoices at the wrong time but not leading to a delay in fulfilling tax obligations and with mitigating circumstances;
b) Continuously issuing invoices from a smaller to a larger number but using a booklet with a larger serial number and not using those with a smaller serial number, and the organization or individual, upon discovery, has canceled the booklets with the smaller serial numbers;
c) Incorrectly issuing the type of invoice as per regulations given to the buyer or declared for tax, with both parties discovering the mistake and re-issuing the correct type before the tax authority announces a decision on inspection and it does not affect the determination of tax obligations.
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3. A fine ranging from 3,000,000 VND to 5,000,000 VND for issuing invoices at the wrong time but not leading to a delay in fulfilling tax obligations*, except for the case specified in Point a, Clause 1 of this Article.*
4. A fine ranging from 4,000,000 VND to 8,000,000 VND for any of the following acts:
a) Issuing invoices at the wrong time according to the legal provisions regarding invoice issuance for the sale of goods and service provision*, except for cases specified in Point a, Clause 1 and Clause 3 of this Article;*
b) Issuing invoices not in numerical order from smaller to larger numbers, except for cases of warnings per Point b, Clause 1 of this Article;
c) Issuing invoices dated before the tax agency approves the purchase;
d) Incorrectly issuing the type of invoice as per the legal provisions of invoice issuance for goods and services sale and has been delivered to the buyer or declared for tax, except for warnings according to Point c, Clause 1 of this Article;
đ) Issuing e-invoices without the tax authority’s approval or before the tax authority has approved the use of the e-invoices with or without tax authority codes;
e) Issuing invoices for the sale of goods and services during the suspension of business operations, except for issuing invoices to customers to fulfill contracts signed before the notice of business suspension;
g) Issuing e-invoices from cash registers that are not connected or do not electronically transmit data to the tax authority.
h) Issuing invoices without fully recording the mandatory content on the invoice according to the regulations.
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6. Remedial measures: Compulsory issuance of the invoice according to regulations for violations specified in Point d, Clause 4, Clause 5 of this Article when the buyer requests.
Thus, in cases of issuing invoices at the wrong time, penalties may include:
- A fine ranging from 3,000,000 VND to 5,000,000 VND for issuing invoices at the wrong time but not leading to delayed tax obligations.- A fine ranging from 4,000,000 VND to 8,000,000 VND for issuing invoices at the wrong time according to the legal provisions regarding invoice issuance for the sale of goods and service provision. Additionally, for wrong-timed invoice issuance in this case, there is an additional remedial measure which requires issuing invoices according to the regulations.
Note: The monetary fines mentioned above are penalties for organizations. The fine for individuals with the same violations is equal to 1/2 of the fine for organizations based on Clause 5, Article 5 of Decree 125/2020/ND-CP.
What is the administrative penalty for using counterfeit e-invoices in Vietnam?
Based on Clause 1, Article 4 of Decree 125/2020/ND-CP, the following is stipulated:
Act of using illegal invoices, documents; illegal use of invoices, documents
- Using invoices and documents in the following cases is considered using illegal invoices and documents:
a) counterfeit invoices and documents;
b) Invoices and documents that are not yet valid or have expired;
c) Invoices discontinued during the time of enforcement by invoice usage suspension, except when allowed by the tax authority notice;
d) e-invoices not registered for use with the tax authority;
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Thus, the act of using counterfeit invoices is considered an illegal use of invoices.
Simultaneously, Clause 1, Article 28 of Decree 125/2020/ND-CP specifies penalties for using illegal invoices or illegally using invoices as follows:
Penalties for illegal use of invoices and documents
- A fine ranging from 20,000,000 VND to 50,000,000 VND for using illegal invoices and documents as specified in Article 4 of this Decree, except for cases specified in Point đ, Clause 1, Article 16 and Point d, Clause 1, Article 17 of this Decree.
- Remedial measure: Compulsory cancellation of used invoices.
According to the above regulation, the act of using counterfeit e-invoices can result in a fine ranging from 20,000,000 VND to 50,000,000 VND and may require a remedial measure to cancel the used invoices.
Note: The monetary fines mentioned above are penalties for organizations. The fine for individuals with the same violations is equal to 1/2 of the fine for organizations based on Clause 5, Article 5 of Decree 125/2020/ND-CP.
