What are cases where an e-invoice is not required to have all the details in Vietnam?
What is an e-invoice?
Pursuant to Clause 2, Article 3 of Decree 123/2020/ND-CP, the regulation on e-invoices is as follows:
An e-invoice is an invoice with or without a tax authority code expressed in e-data format, created by organizations or individuals selling goods and providing services, using e-means to record sales information or service provision according to the provisions of the law on accounting and tax laws. This includes cases where invoices are generated from cash registers connected to e-data transfer systems with tax authorities, where:
- An e-invoice with a tax authority code is an e-invoice issued with a code by the tax authority before the organizations or individuals selling goods or providing services send it to the buyer.
+ The tax authority code on the e-invoice includes a transaction number, which is a unique sequence of numbers generated by the tax authority system, and a string of characters encrypted by the tax authority based on the seller's information on the invoice.
- An e-invoice without a tax authority code is an e-invoice issued by the organization selling goods or providing services to the buyer, without a tax authority code.
What are cases where an e-invoice is not required to have all the details in Vietnam? (Image from the Internet)
What are cases where an e-invoice is not required to have all the details in Vietnam?
Pursuant to Clause 14, Article 10 of Decree 123/2020/ND-CP, specific provisions about cases where e-invoices are not required to have all details are as follows:
[1] An e-invoice does not necessarily need to have the buyer's e-signature (including cases where the invoice is issued electronically for sales of goods or services to customers abroad). If the buyer is a business entity and there is an agreement between the buyer and seller on the buyer meeting technical conditions for digital signing on the e-invoice issued by the seller, the e-invoice can have the digital signature of both buyer and seller according to the agreement.
[2] For e-invoices issued by the tax authority on a case-by-case basis, there is no need for the digital signature of the seller or buyer.
[3] For e-invoices in supermarkets or commercial centers where the buyer is an individual not engaged in business, it is not necessary to include the buyer's name, address, and tax code on the invoice.
For e-invoices for fuel sales to individuals not engaged in business, it is not necessary to have invoice name, form number, form code, invoice number, name, address, tax code of the buyer, buyer's e-signature, seller's digital or e-signature, and VAT rate.
[4] For e-invoices that are stamps, tickets, or cards, it is not necessary to have the seller's digital signature (except for stamps, tickets, or cards with tax authority codes), buyer's information (name, address, tax code), tax amount, and VAT percentage. For e-stamps, tickets, or cards with a pre-set value, it is not necessary to include the unit of measure, quantity, and unit price.
[5] For e-records related to international air transport services issued via websites and e-commerce systems according to international practices to individual non-business buyers identified as e-invoices, there is no need to include invoice symbols, form symbols, invoice serial numbers, VAT rate, buyer's tax code, address, and seller's digital signature.
If a business organization or non-business organization purchases air transport services, then the e-record for air transport services provided through websites and e-commerce systems follows international practices to individuals from the business or non-business organization and is not identified as an e-invoice. The air transport service business must issue e-invoices with full details as required by regulation to the organization using the services.
[6] For construction, installation activities; house construction activities for sale with progress payment as per contract, the invoice is not required to have units, quantity, and unit prices.
[7] For internal delivery notes accompanying stock transfer, the note should display information related to internal transfer orders, recipient, issuer, origin warehouse, receiving location, method of transport. Specifically: the buyer's name indicates the goods recipient, buyer's address indicates the receiving warehousing location; seller's name indicates the issuer, seller's address indicates the original warehousing location and transport means; it does not show tax, tax rate, and total payment.
For delivery notes to agents, the note should show information like economic contracts, transporters, transport means, warehouse location, and product details. Specifically: record the contract number, date, and year signed between organizations or individuals; transporter's name, transport contract (if any), and seller’s address as warehouse origin.
[8] Invoices used for Interline payments between airlines prepared following the regulations of the International Air Transport Association are not required to show invoice symbols, form symbols, buyer's name, address, tax code, buyer's digital signature, unit, quantity, unit price.
[9] For invoices issued by airline businesses to agents, in accordance with the reconciled report between parties and summary lists, the invoices are not required to show unit price.
[10] For construction, installation, production, supply of defense and security products, and services by national defense security businesses serving as per regulations of the Government of Vietnam, the invoice does not need to show units, quantity, unit prices; goods and services names record the supply according to the contract between parties.
What are regulations on retention of invoices in Vietnam?
According to Clause 2, Article 6 of Decree 123/2020/ND-CP, the method for storing e-invoices is regulated as follows:
Storage and retention of invoices and records
- Invoices and records are preserved and retained ensuring:
a) Safety, confidentiality, integrity, completeness, and no alteration or misrepresentation during the retention period;
b) retention is compliant and sufficient for the duration required by accounting laws.
2. e-invoices and records are retained using e-means. Agencies, organizations, and individuals can choose and apply methods for storing e-invoices and records appropriate to their operations and technological capabilities. e-invoices and records should be ready for printing or retrieval upon request.
- Printed invoices by the tax authority, self-printed records, and printed records must be retained in accordance with the following requirements:
a) Unissued invoices, records are retained in warehouses under policies for storing priced records.
b) Issued invoices, records in accounting units are retained according to regulations on storing accounting records.
c) Issued invoices, records in organizations, households, individuals that are not accounting units are retained as the personal assets of those organizations, households, individuals.
...
Thus, according to the above provisions, e-invoices are retained using e-means.
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