What are regulations on the digital signature of the seller and buyer on e-invoices in Vietnam?

What are regulations on the digital signature of the seller and buyer on e-invoices in Vietnam?

The digital signature of the seller being an enterprise on e-invoices is regulated in Clause 7, Article 10 of Decree 123/2020/ND-CP as follows:

- For invoices printed by the tax authority, the invoice must have the signature of the seller, the seal of the seller (if any), and the signature of the buyer (if any).

- For e-invoices:

In the case where the seller is an enterprise or organization, the seller's digital signature on the invoice is the digital signature of the enterprise or organization; if the seller is an individual, they shall use the individual’s digital signature or an authorized person's.

In cases where e-invoices do not necessarily have to include the seller's and buyer's digital signatures, this shall be executed as per the provisions in Clause 14 of this Article.

What are regulations on the digital signature of the seller and buyer on e-invoices in Vietnam? (Image from the Internet)

When is the digital signature appended to e-invoices in Vietnam?

According to Clause 9, Article 10 of Decree 123/2020/ND-CP, it is regulated as follows:

Contents of the invoice

...

9. The time to append the digital signature on an e-invoice is the time the seller or buyer uses a digital signature to sign the e-invoice, displayed in the day, month, year format of the Gregorian calendar. In case the time of appending the digital signature on the e-invoice differs from the time of creating the invoice, the time of tax declaration is the time of creating the invoice.

10. The tax authority’s code for e-invoices with the tax authority's code follows the provision in Clause 2, Article 3 of this Decree.

11. Fees and charges belonging to the state budget, trade discounts, promotions (if any) as instructed at Point e, Clause 6 of this Article, and other related contents (if any).

12. Name, tax identification number of the organization printing the invoice for invoices printed by the tax authority.

...

Thus, the time to append a digital signature on an e-invoice is the moment when the seller or buyer uses a digital signature to sign the e-invoice, displayed in the day, month, year format of the Gregorian calendar.

In the case where the time of appending the digital signature on the e-invoice differs from the time of creating the invoice, the time of tax declaration is the time of creating the invoice.

When is an e-invoice without the seller’s digital signature valid in Vietnam?

Based on Clause 7, Article 10 of Decree 123/2020/ND-CP regarding the content of the invoice:

Contents of the invoice

...

7. Signature of the seller, signature of the buyer, specifically:

a) For invoices printed by the tax authority, the invoice must have the signature of the seller, the seal of the seller (if any), and the signature of the buyer (if any).

b) For e-invoices:

If the seller is an enterprise or organization, the seller's digital signature on the invoice is the digital signature of the enterprise or organization; if the seller is an individual, they shall use the individual's digital signature or an authorized person's.

In cases where e-invoices do not necessarily require the digital signature of the seller and buyer, execution is as per the provisions in Clause 14 of this Article.

Thus, in cases where the e-invoice does not necessarily require the seller's digital signature as regulated in Clause 14, Article 10 of Decree 123/2020/ND-CP, specifically:

(1) The e-invoice does not necessarily require the buyer's digital signature (including cases where e-invoices are issued when selling goods or providing services to customers overseas).

+ In cases where the buyer is a business entity and there is an agreement between the buyer and seller regarding the buyer fulfilling technical conditions to digitally sign the e-invoice issued by the seller, the e-invoice will contain the digital signatures of both parties as agreed.

(2) For e-invoices issued by the tax authority on a per-occurrence basis, the signatures of both seller and buyer are not necessarily required.

(3) For e-invoices for selling petrol and oil to individual non-business customers, it is not necessary to include the criteria of digital signature and VAT rate.

(4) For e-invoices that function as stamps, tickets, or cards, the digital signature of the seller is not necessarily required (except for stamps, tickets, or cards with tax authority codes), along with the buyer's information (name, address, tax code), and VAT.

+ In cases where e-stamps, tickets, or cards already have a predetermined value, the units of measurement, quantity, and unit price are not necessarily required.

(5) For e-documents of air transport services issued via website and e-commerce systems established according to international practices for non-business individual buyers identified as e-invoices, the invoice does not necessarily include the serial number, invoice symbol, order number, VAT rate, tax identification number, buyer's address, and digital signature of the seller.

+ If a business or non-business organization purchases air transport services, e-documents via website and e-commerce systems based on international practices for individual organization members are not recognized as e-invoices.

+ Air transport service businesses must issue e-invoices containing all required details to be provided to organizations that have individuals using such services.