What is the guidance on using e-invoices for selling public property in Vietnam from January 1, 2025?

From January 1, 2025, shall e-invoices be used for selling public property in Vietnam?

According to Clause 2, Article 95 of Decree 151/2017/ND-CP (amended by Clause 60, Article 1 of Decree 114/2024/ND-CP), it is stipulated as follows:

e-Invoice for Selling public property

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2. e-Invoices for Selling public property:

a) The e-invoice template for selling public property follows Template No. 08/TSC-HD issued with this Decree.

b) Agencies assigned the task of organizing the handling of public property issue e-invoices through e-invoice service providers (for agencies that are value-added tax payers with tax codes) or through the General Department of Taxation’s e-portal (for agencies that are not value-added tax payers with tax codes) according to the Government of Vietnam’s Decree on invoices and documents for the buyer when selling, transferring public property specified in Clause 1 of this Article. The agency assigned the task of organizing the handling of public property prepares sales invoices with the tax agency code as per regulations applied to non-business organizations that have sales transactions or provide services; no service fee for using e-invoices is required.

c) The tax agency issues e-invoices with the tax agency code as e-invoices for selling, transferring public property per occurrence for agencies assigned the task of organizing the handling of public property.

d) Preparation, adjustment, cancellation, and reporting of the management and usage of e-invoices for selling public property are carried out according to the Government of Vietnam’s Decree on invoices and documents.

e) The deadline for mandatory transition to e-invoices for selling public property is from January 1, 2025.

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Thus, from January 1, 2025, it is mandatory to switch to using e-invoices for selling public property.

What is the guidance on using e-invoices for selling public property in Vietnam from January 1, 2025?

On December 31, 2024, the General Department of Taxation issued Official Dispatch 6425/TCT-DNNCN of 2024 on the management and registration for using e-invoices for selling public property.

Specifically: in Official Dispatch 6425/TCT-DNNCN of 2024, to implement the management and registration for using e-invoices for selling public property in compliance with the law, the General Department of Taxation requests Tax Departments of provinces and cities to perform the following regulations:

(1) Deployment Subjects: Agencies assigned the task of organizing the handling of public property register to use e-invoices (new registration/change of information) on the e-invoice portal of the General Department of Taxation at the address https://hoadondientu.gdt.gov.vn.

(2) Professional Guidance for Tax Agencies

- Guidance on updating the list of agencies assigned the task of organizing the handling of public property delivered to the tax agency:

The section receiving registration information and e-invoice data updates the list of agencies assigned the task of organizing the handling of public property provided by financial agencies of the Ministries, ministerial-level agencies, agencies under the Government of Vietnam, other Central agencies, and the Departments of Finance of provinces and centrally-run cities, in the "Small and other medium enterprises as proposed by the People's Committee" function on the e-invoice system and submits the list for leadership approval.

- Guidance on managing registration for using e-invoices for selling public property:

The section receiving registration information and e-invoice data manages the registration/change of information on e-invoice usage in accordance with the Process of e-Invoice Management issued with Decision 1447/QD-TCT of 2021. (Usage guidance documentation points (1) and (2) in the Appendix attached to Official Dispatch 6425/TCT-DNNCN of 2024)

Additionally, in Official Dispatch 14590/BTC-QLCS of 2024, the Ministry of Finance also requires the management and registration for using e-invoices for selling public property as follows:

Before January 31, 2025, ministries, central and local agencies compile lists to register for using Public Asset Sales Invoices at the General Department of Taxation's e-Invoice Portal. Specifically:

Step 1: Financial agencies of the Ministries, ministerial-level agencies, agencies under the Government of Vietnam, and other central agencies compile lists of units registering for services under their management scope; Departments of Finance of provinces and centrally-run cities compile lists of units registering for services under the local management.

Step 2: Send the registration list to the provincial tax agency (where the asset-using unit is headquartered). Information on the asset-using unit sent to the tax agency includes:

- Name of the unit;

- Tax code;

- Budgetary relationship code.

If units are already using the e-invoice service, they do not need to re-register; the unit adjusts the registration content to add the "Public Asset Sales Invoice" item according to regulations.

After March 31, 2025, if ministries, central and local agencies have not sent the registration list according to the above guidance, the unit will self-register, change registered content, and use public asset sales invoices on the General Department of Taxation's e-Portal "https://hoadondientu.gdt.gov.vn" as per regulations in Decree No. 123/2020/ND-CP of the Government of Vietnam on invoices and documents. To register for the use of e-invoices for selling public property, the unit must have a digital certificate.

What is the guidance on using e-invoices for selling public property in Vietnam from January 1, 2025? (Image from the Internet)

When to use e-invoices for selling public property in Vietnam?

Based on the regulations in Clause 1, Article 95 of Decree 151/2017/ND-CP (amended by Clause 60, Article 1 of Decree 114/2024/ND-CP), e-invoices for selling public property are used when selling or transferring the following types of public property:

(1) public property at agencies, organizations, units (including state-owned housing).

(2) Infrastructure assets invested, managed by the State (including in cases of selling, transferring the right to collect fees for utilization of state-managed infrastructure assets, transferring the right to exploit state-managed infrastructure assets).

(3) public property assigned by the State to enterprises for management, not counted as state capital in enterprises.

(4) Assets of projects using state capital.

(5) Assets established as state ownership.

(6) public property being recalled under the decision of an authority or competent individual.

(7) Recovered materials from maintenance, repair, or handling of public property.