Shall a list of sold goods and services be attached with e-invoices in Vietnam?

Shall a list of sold goods and services be attached with e-invoices in Vietnam?

Previously, according to Circular 32/2011/TT-BTC (expired) and Circular 39/2014/TT-BTC (expired), the e-invoice was a collection of e-data messages about selling goods and providing services. There was no limitation on the number of lines on one invoice, thus e-invoices do not come with an annex list.

However, based on Clause 5, Article 3 of Decree 123/2020/ND-CP the regulations are as follows:

Definitions

In this Decree, the following terms are understood as follows:

1. Invoice is an accounting document created by an organization or individual selling goods or providing services, recording information on the sale of goods or provision of services. The invoice can be presented in the form of an e-invoice or a printed invoice by the tax authority.

2. An e-invoice can have or not have a code from the tax authority, presented in e-data form, created by an organization or individual selling goods or providing services using e-means to record sales information in accordance with accounting and tax laws, including invoices generated from a cash register connected to transfer e-data to the tax authority, where:

a) An e-invoice with a tax authority's code is an e-invoice that has been coded by the tax authority before being sent by the goods seller or service provider to the buyer.

The tax authority's code on the e-invoice includes a transaction number, a unique sequence generated by the tax authority's system, and a character string encrypted by the tax authority based on the seller's information recorded on the invoice.

b) An e-invoice without a tax authority's code is an e-invoice sent by an organization selling goods or providing services to the buyer without the tax authority's code.

3. Invoices printed by the tax authority are paper-based invoices printed by the tax authority for sale to entities and cases eligible to purchase invoices from the tax authority as stipulated in Article 23 of this Decree for use when selling goods or providing services.

4. A document is a material used to record information about deductible taxes, tax revenues, fees, and charges belonging to the state budget in accordance with tax management law. Documents as specified in this Decree include personal income tax withholding certificates, tax receipts, fees, and charges presented in e-form or printed, self-printed.

5. e-documents include types of documents, and receipts as per Clause 4 of this Article, presented in e-data form provided by organizations or individuals responsible for withholding tax, issued to taxpayers, or provided by tax, fee, charge collecting organizations using e-means as per legal regulations on fees, charges, and tax law.

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Thus, according to the latest regulations on e-invoices, no mention is made of whether the use of e-invoices allows for an attached list of sold goods and services.

Shall a list of sold goods and services be attached with e-invoices in Vietnam? (Image from the Internet)

What criteria must be met by organizations providing solutions for authenticated e-invoices?

Based on Clause 1, Article 10 of Circular 78/2021/TT-BTC, the criteria for organizations providing e-invoice services are as follows:

* Criteria for organizations providing e-invoice solutions with and without codes for sellers and buyers

Regarding the entity:

- Must be an organization operating in the information technology field, established according to Vietnamese law;

- Information on e-invoice services must be publicly disclosed on the organization's e-information page;

Regarding human resources: Must have at least 5 personnel with university-level education in information technology;

Regarding technical infrastructure: Must have technology infrastructure, information technology equipment, and software systems that meet requirements:

- Provide solutions for generating, processing, storing e-invoice data with and without codes from tax authorities for sellers and buyers according to legal regulations on e-invoices and related laws;

- Have solutions for receiving, transmitting e-invoice data with service users; solutions for transmitting, receiving e-invoice data with tax authorities via organizations receiving, transmitting, and storing e-invoice data. The process of receiving and transmitting data must be logged for reconciliation purposes;

- Have solutions for data backup, recovery, and security of e-invoice data;

- Have successfully tested technical solutions documentation for transmitting and receiving e-invoice data with service provider organizations for receiving, transmitting, and storing e-invoice data.

What are regulations on the provision of e-invoice services in Vietnam?

The provision of e-invoice services is regulated in Article 14 of Decree 123/2020/ND-CP as follows:

- In cases of using e-invoices with tax authority codes, no service fee is charged for 12 months from the start of using e-invoices for:

+ Small and medium enterprises, cooperatives, households, individual businesses in areas with challenging socio-economic conditions or exceptionally challenging socio-economic conditions.

++ These areas follow the list of investment incentive areas issued with Decree 118/2015/ND-CP (replaced by the list of investment incentive areas specified in Appendix III issued with Decree 31/2021/ND-CP).

+ Other small and medium enterprises as proposed by the provincial or city People's Committee under the direct Central Government sent to the Ministry of Finance, excluding enterprises operating in economic zones, industrial parks, and high-tech zones.

++ The General Department of Taxation implements or delegates organizations providing e-invoice services to deliver e-invoices with tax authority codes free of charge to the aforementioned entities.

- Businesses, economic organizations, households, and individuals not specified in Clause 1, Article 14 of Decree 123/2020/ND-CP when using e-invoices with tax authority codes or e-invoices without tax authority codes via service provider organizations, must pay for the service according to the Contract signed between the parties.