May enterprises add their logos to e-invoices in Vietnam?

May enterprises add their logos to e-invoices in Vietnam?

According to Clause 15, Article 10 of Decree 123/2020/ND-CP which regulates the content of invoices as follows:

Content of invoices

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15. Other content on invoices

Besides the guidelines from Clause 1 to Clause 13 of this Article, enterprises, organizations, households, and business individuals may add information about the logo to display the brand, trademark, or representative image of the seller. Depending on the characteristics, transaction nature, and management requirements, the invoice may display information about the sales contract, transportation order, customer code, and other information.

16. Content of invoices for the sale of public assets shall be implemented in accordance with the guidance on invoicing for the sale of public assets as per Form No. 08/TSC-HD issued with Decree No. 151/2017/ND-CP dated December 26, 2017, by the Government of Vietnam detailing a number of articles of the Law on Management and Use of Public Assets.

According to the above regulation, enterprises may add information about the logo to display the brand, trademark, or representative image of the company.

May enterprises add their logos to e-invoices in Vietnam? (Image from the Internet)

What does the format of e-invoices include?

According to Clause 2, Article 12 of Decree 123/2020/ND-CP, the format of e-invoices is regulated as follows:

Format of e-invoices

1. The format of e-invoices is a technical standard that regulates the data type, data length of information fields serving the transmission, storage, and display of e-invoices. The format uses the XML (XML is the abbreviation of the English phrase "eXtensible Markup Language" which was created for the purpose of sharing e-data between information technology systems).

2. The format of e-invoices consists of two components: the component containing the business data of the e-invoice and the component containing the digital signature data. For authenticated e-invoices, there is an additional component containing data related to the tax authority code.

3. The General Department of Taxation develops and publishes the component containing the business data of the e-invoice, the component containing the digital signature data, and provides the tools to display the contents of the e-invoices according to the regulation of this Decree.

4. Organizations and enterprises selling goods or providing services when transmitting e-invoice data to the tax authority by direct transmission must meet the following requirements:

a) Connect with the General Department of Taxation through a dedicated lease line or MPLS VPN Layer 3 channel, including 1 main transmission channel and 1 backup channel. Each transmission channel must have a minimum bandwidth of 5 Mbps.

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Thus, the format of e-invoices consists of two components: the component containing the business data of the e-invoice and the component containing the digital signature data. For authenticated e-invoices, there is an additional component containing data related to the tax authority code.

What are cases of suspension of use of e-invoices in Vietnam?

According to Clause 1, Article 16 of Decree 123/2020/ND-CP, the cases of suspension of use of authenticated e-invoices and without a tax authority code are regulated as follows:

- Enterprises, economic organizations, other organizations, households, and business individuals terminate the validity of their tax identification numbers;

- Enterprises, economic organizations, other organizations, households, and business individuals fall under the cases where the tax authority verifies and notifies that they are not operating at the registered address;

- Enterprises, economic organizations, other organizations, households, and business individuals notify the competent state management agency about temporarily ceasing their business;

- Enterprises, economic organizations, other organizations, households, and business individuals receive a notification from the tax authority about ceasing the use of e-invoices to implement enforced tax debt recovery;

- Cases where the e-invoice usage is to sell smuggled goods, banned goods, counterfeit goods, or goods infringing intellectual property rights, which are discovered and notified by competent authorities to the tax authority;

- Cases where the creation of e-invoices is for the purpose of fabricating the sale of goods or providing services to misappropriate money from organizations or individuals, which are discovered and notified by competent authorities to the tax authority;

- Cases where the business registration agency or competent state agency requires the enterprise to temporarily cease business in conditional business lines when it is found that the enterprise does not have sufficient business conditions according to the law.

Based on the results of inspection, if the tax authority determines that the enterprise was established to carry out buying, selling, or using e-invoices illegally or uses e-invoices illegally to evade tax as per regulations, the tax authority shall issue a decision to cease the use of e-invoices; the enterprise shall be dealt with according to the law.