What is the latest deadline for destruction of tax authority-ordered printed invoices in Vietnam?

What is the latest deadline for destruction of tax authority-ordered printed invoices in Vietnam?

According to Clause 1, Article 27 of Decree 123/2020/ND-CP, the regulations are as follows:

Destruction of tax authority-ordered printed invoices

1. Enterprises, economic organizations, households, and individual businesses with invoices that are no longer in use must destroy such invoices. The deadline for destroying invoices is no later than 30 days from the date of notification to the tax authority. In cases where the tax authority has notified that the invoices are no longer valid (except for notifications due to tax enforcement actions), enterprises, economic organizations, households, or individual businesses must destroy invoices within 10 days from the date the tax authority issues the notice or from the date the lost invoices are found.

Invoices already issued by accounting units are to be destroyed as per accounting law regulations.

Invoices that have not yet been issued but are evidence in lawsuits are to be handled in accordance with legal provisions.

...

Thus, referring to the above regulation, the latest deadline for destroying invoices is 30 days from the date of notification to the tax authority.

In cases where the tax authority has notified that the invoices are no longer valid (except for tax enforcement actions), enterprises, economic organizations, households, or individual businesses must destroy such invoices within 10 days.

What is the latest deadline for destruction of tax authority-ordered printed invoices in Vietnam? (Image from Internet)

What are procedures for destruction of invoices by enterprises in Vietnam?

According to Clause 2, Article 27 of Decree 123/2020/ND-CP, the destruction of invoices by enterprises is carried out as follows:

- The enterprise, economic organization, household, or individual business must create an inventory list of invoices to be destroyed.

- The enterprise or economic organization must establish an Invoice Destruction Council. This Council must include representatives from leadership and the accounting department of the organization. Households and individual businesses are not required to establish a Council for destroying invoices.

- Members of the Invoice Destruction Council must sign the destruction minutes and will be held accountable by law in the event of any mistakes.

* Invoice destruction dossier includes:

- A decision to establish the Invoice Destruction Council, except for households and individual businesses;

- An inventory list of invoices to be destroyed, detailing: Invoice name, invoice form code, invoice symbol, quantity of invoices to be destroyed (from number... to number... or list each invoice number if the invoice numbers to be destroyed are not sequential);

- Invoice destruction minutes;

- A report on the destruction results must include: type, symbol, quantity of invoices destroyed from number… to number, reason for destruction, date and time of destruction, destruction method as per Form 02/HDG-D in Appendix IA attached to this Decree.

The invoice destruction dossier should be kept by the enterprise, economic organization, household, or individual business using the invoices. The Report on the Destruction Results should be made in 2 copies: one copy is to be kept, and the other sent to the directly managing tax authority no later than 5 days from the invoice destruction date.

* Destruction of tax authority invoices

- The tax authority must destroy invoices printed by the Tax Department that have been issued but not sold or issued but not used.

- The General Department of Taxation is responsible for regulating the process of destroying invoices printed by the Tax Department.

What are the regulations on applying tax authority-ordered printed invoices in Vietnam?

According to Article 23 of Decree 123/2020/ND-CP, the Tax Departments of provinces and centrally run cities (hereinafter referred to as the Tax Department) print invoices for sale to the following entities:

- Enterprises, economic organizations, households, and individual businesses as stipulated in Clause 1, Article 14 of Decree 123/2020/ND-CP in case these entities do not conduct transactions with the tax authority electronically, do not have IT infrastructure, do not have accounting software, do not have electronic invoice software to use electronic invoices and to transmit electronic invoice data to buyers and the tax authority.

- Enterprises, economic organizations, households, and individual businesses buy invoices from the tax authority for no longer than 12 months, during which the tax authority implements solutions to gradually switch to electronic invoices. When switching to electronic invoices, enterprises, economic organizations, households, and individual businesses will follow registration for using electronic invoices with the tax authority's code or without the tax authority's code (if eligible) as per Article 15 of Decree 123/2020/ND-CP.

- Enterprises, economic organizations, households, and individual businesses during the period where the IT infrastructure for the tax authority's invoice coding system experiences issues as stipulated in Clause 2, Article 20 of Decree 123/2020/ND-CP.