What is the time limit for destroying invoices that are expired according to the tax authority’s notice in Vietnam?

What is the time limit for destroying invoices that are expired according to the tax authority’s notice in Vietnam?

Based on Clause 1, Article 27 of Decree 123/2020/ND-CP as stipulated below:

Destruction of printed invoices purchased from tax authorities

1. Businesses, economic organizations, households, and individual businesses with invoices they will no longer use must carry out their destruction. The deadline for the destruction of 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 invoice is void (except for notifications resulting from tax debt enforcement measures), businesses, economic organizations, households, and individual businesses must destroy the invoices. The destruction deadline is no later than 10 days from the date the tax authority notifies the invoice as void or from the date the lost invoice is found.

Invoices already issued by accounting units are destroyed according to the regulations of the accounting law.

Invoices that are not yet issued but are evidence in cases are not destroyed but handled according to the law.

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Accordingly, per the above regulation, if the tax authority has notified an invoice as void, the destruction period is 10 days from the date the tax authority notifies its void status or from the date the lost invoice is recovered.

Except in some cases of notifications due to tax debt enforcement measures.

What is the time limit for destroying invoices that are expired according to the tax authority’s notice in Vietnam? (Image from the Internet)

Is it necessary to establish an invoice invoice destruction council for the destruction of invoices of enterprises in Vietnam?

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

- Businesses, economic organizations, households, and individuals must prepare an inventory of invoices to be destroyed.

- Businesses and economic organizations must establish an invoice invoice destruction council for invoices. The invoice destruction council must include representatives from the leadership and the accounting department of the organization. Households and individual businesses do not need to establish a Council for invoice destruction.

- Members of the Invoice invoice destruction council must sign the invoice destruction minutes and are responsible before the law for any errors.

* Invoice destruction documentation includes:

- Decision to establish the Invoice invoice destruction council, except for households and individual businesses;

- Invoice inventory list detailing: Invoice name, template number, invoice series, number of invoices destroyed (from number... to number... or detailed list if the numbers of invoices to be destroyed are not consecutive);

- Invoice destruction minutes;

- Notice of the invoice destruction result must contain: type, series, quantity of invoices destroyed from number… to number, reason for destruction, date and time of destruction, destruction method according to Form No. 02/HUY-HDG Appendix IA issued with this Decree.

Invoice destruction records are kept at the business, economic organization, household, or individual business using the invoices. The Notice of invoice destruction result is made in 2 copies, one for storage and one sent to the tax authority directly managing the entity, no later than 5 days from the date of invoice destruction.

* Tax authority invoice destruction

- Tax authorities destroy invoices printed by the Tax Department which were announced but not sold or issued and are no longer used.

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

Businesses and economic organizations must establish an invoice invoice destruction council for invoices. The invoice destruction council must include representatives from the leadership and the accounting department of the organization.

Thus, the destruction of invoices of enterprises necessitates the establishment of an invoice invoice destruction council.

Can invoices be accessed after destruction in Vietnam?

According to Article 3 of Decree 123/2020/ND-CP, the following is stipulated:

Definitions

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

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9. The use of illegal invoices and documents is the use of fake invoices and documents; using invoices and documents that have no usable value or have expired; using suspended invoices during enforcement measures by ceasing invoice usage, except where permitted by tax authority notification; using electronic invoices not registered with the tax authority; using electronic invoices without a tax authority code for cases where electronic invoices with tax authority codes are used; using invoices for goods and services where the invoice date is after the tax authority determines the seller is not operating at the registered business address; using invoices and documents for goods and services with invoice dates before the date it is determined that the issuer is not operating at the registered address or has not been notified by the tax authority, yet the tax authority, police, or other functional agencies have concluded they are illegal invoices or documents.

Illegal use of invoices and documents is the use of: invoices and documents not fully filled out as required; erased or improperly corrected invoices; using fake invoices or documents; invoices that do not reflect the true value of transactions or are fake; using revolving invoices during goods transportation or using one invoice to justify another; using invoices and documents from other individuals or organizations (except tax authority invoices and authorized invoices) to legitimize purchases or sales; invoices or documents that the tax authority or police or other agencies have concluded as illegal use.

10. Canceling invoices and documents renders them invalid.

11. Destroying invoices and documents:

a) Destroying electronic invoices and documents is a method by which electronic invoices and documents no longer exist on the information system and cannot be accessed or referenced.

b) Destroying printed tax authority invoices and documents involves using methods such as burning, cutting, shredding, or other destruction methods to ensure that once destroyed, the invoice or document data cannot be reused.

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Destroying invoices renders electronic invoices and documents nonexistent on the information system, making it impossible to access and reference the data contained within them.

Thus, it is clear that the destruction of invoices makes them inaccessible.