Vietnam: How many types of e-invoice service provider are there?

Vietnam: How many types of e-invoice service provider are there?

Based on Clause 12 Article 3 of Decree 123/2020/ND-CP, the regulation is as follows:

Interpretation of terms

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

...

10. Canceling invoices, documents is making those invoices, documents valueless in usage.

11. Destroying invoices, documents:

a) Destroying e-invoices, e-documents is a means to make e-invoices, e-documents no longer exist in the information system, cannot be accessed or referenced to the information contained in e-invoices, e-documents.

b) Destroying invoices printed by the tax authority, destroying printed documents, self-printed documents involves using means such as burning, cutting, tearing, or other methods ensuring the destroyed invoices, documents cannot be used to retrieve any information or data.

12. An organization providing e-invoice services is one that provides solutions in creating, connecting, transmitting, receiving, storing, processing data of e-invoices with the tax authority's code and without the tax authority's code. e-invoice service providers include: Organizations providing e-invoice solutions with the tax authority's code and without the tax authority's code for sellers and buyers; organizations connecting, transmitting, and storing e-invoice data with the tax authority.

e-invoice service providers include:

[1] Organizations providing e-invoice solutions with the tax authority's code and without the tax authority's code for sellers and buyers;

[2] Organizations connecting, transmitting, and storing e-invoice data with the tax authority.

Thus, there are 2 types of e-invoice service providers.

Vietnam: How many types of e-invoice service provider are there? (Image from the Internet)

What are regulations on selecting e-invoice service providers for transmitting data to the tax authority in Vietnam?

Based on Clause 3 Article 10 of Circular 78/2021/TT-BTC, the General Department of Taxation posts information on e-invoice solution providers and selects organizations providing services about e-invoices to sign contracts for receiving, transmitting, and storing invoice data with the tax authority as follows:

- Publicly post information of e-invoice solution providers on the General Department of Taxation's e-portal: Organizations providing e-invoice solutions send dossiers proving they meet the criteria in Clause 1 of this Article, service descriptions, and commitments to the General Department of Taxation.

Within 10 days from receiving the dossier, the General Department of Taxation publicly posts the service descriptions and commitments of the organization on its e-portal. The organizations are responsible for the documents they provide.

During operations, if an organization is found non-conforming, the General Department of Taxation will notify and remove the organization's public information from its e-portal.

- Selecting an organization providing e-invoice services to sign contracts for receiving, transmitting, and storing invoice data with the tax authority

+ Organizations fully meeting the conditions specified in Clause 2 of this Article send a written request to sign a contract for receiving, transmitting, and storing invoice data, accompanied by proof documents to the General Department of Taxation.

Within 10 working days from the day the organization provides complete proof documents, the General Department of Taxation cooperates with the organization to perform technical connections and test data transmission and reception between both parties.

After successful connection, the General Department of Taxation and the organization sign a contract for providing services of receiving, transmitting, and storing invoice data with the tax authority. Information on the organization providing services of receiving, transmitting, and storing tax authority's invoices will be publicly posted on the General Department of Taxation's e-portal.

+ During contract execution, the General Department of Taxation and the e-invoice service provider agree on the content regarding the delegation of code issuance in case of system failures or the delegation of providing free-of-charge e-invoices with a tax authority code for entities as stipulated in Clause 1 Article 14 of Decree 123/2020/ND-CP.

What are the criteria for e-invoice service providers in Vietnam?

Criteria for e-invoice service providers to sign contracts for e-invoice services with a tax authority code and the service of receiving, transmitting, storing invoice data, and other related services as per Article 10 of Circular 78/2021/TT-BTC are as follows:

* Criteria for organizations providing e-invoice solutions with and without a tax authority code for sellers and buyers:

Regarding the entity:

- Must be an organization operating in the information technology field established under Vietnamese law;

- Information about the e-invoice service must be publicly available on the organization's website;