When are e-records converted into paper records in Vietnam?

When are e-records converted into paper records in Vietnam?

Based on Clause 1, Article 7 of Decree 123/2020/ND-CP regarding the conversion of e-invoices and records into paper invoices and records, the regulations are as follows:

Conversion of e-invoices and records into paper invoices and records

1. Legal e-invoices and records are converted into paper invoices and records when there are arising economic and financial transactional needs or upon request by the tax administration agency, auditing authority, inspection, verification, investigation, and in accordance with the legal provisions on inspection, verification, and investigation.

2. The conversion of e-invoices and records into paper invoices and records must ensure precise alignment between the contents of the e-invoices, records, and the paper invoices, records post-conversion.

3. e-invoices and records converted into paper records only hold value for record-keeping and monitoring as regulated by laws on accounting, and e-transactions, and are not valid for transactions or payments, except in the case where invoices are generated from cash registers connected to the e-data transfer system with the tax authority as stipulated in this Decree.

Accordingly, based on the above regulation, legitimate e-records are converted into paper invoices and records when there are economic and financial transaction needs or requests from the tax authorities, auditing bodies, inspection, verification, investigation, and compliance with legal provisions on inspection, verification, and investigation.

When are e-records converted into paper records in Vietnam? (Image from the Internet)

Shall paper records be used when authenticated e-records containing errors in Vietnam?

According to Article 20 of Decree 123/2020/ND-CP providing guidelines on handling incidents with e-invoices bearing tax authority codes, it is stipulated as follows:

Handling incidents with e-invoices bearing tax authority codes

1. In the event that sellers of goods and service providers use e-invoices with tax authority codes but encounter incidents leading to the inability to use these invoices, they should contact the tax authority or service providers for assistance in resolving the issues. During the downtime, if the seller has a need to use such e-invoices, they can go to the tax authority to utilize the e-invoices with tax codes.

2. In cases where the tax authority's coding system experiences failures, the General Department of Taxation will implement technical solutions to switch to a backup system and is responsible for announcing these incidents on the General Department of Taxation’s Portal. The General Department of Taxation will select qualified e-invoice service providers to authorize them to issue tax codes for e-invoices in case of such failures.

In the interim period before the tax authority resolves the issue, the tax authority may sell pre-printed invoices to specific organizations and individuals for use. After the tax authority's coding system is rectified, the tax authority will notify organizations and individuals to resume the use of the e-invoices with tax codes no later than 2 working days from the notification date. Organizations, individuals must submit usage reports of paper invoices bought from the tax authority according to Form BC26/HDG Appendix IA issued with this Decree.

3. In cases where issues arise from the infrastructure systems of the e-invoice service providers, they must notify sellers, coordinate with the General Department of Taxation for prompt assistance. The service providers must quickly resolve the issue and support sellers in creating e-invoices to send to the tax authority for coding in the shortest time possible.

4. In cases where the General Department of Taxation’s Portal has technical errors preventing the reception of e-invoices without codes, the General Department of Taxation must announce this on its Portal. During this time, organizations, enterprises, and e-invoice service providers shall temporarily refrain from transmitting non-coded e-invoice data to the tax authority.

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In cases where the tax authority’s coding system encounters incidents, the General Department of Taxation will implement technical solutions to switch to a backup system and is responsible for announcing these incidents. The General Department may authorize certain qualified service organizations to issue tax codes for e-invoices.

During the unresolved failure period by the tax authority, they may distribute tax-authorized printed invoices to certain organizations and individuals for use. Once the tax authority's coding system is resolved, they will notify organizations and individuals to resume using e-invoices with tax codes.

Thus, in cases where authenticated e-records encounter errors, paper records can be used if the tax authority has not resolved the failure.

What are regulations on storage of e-records in Vietnam?

The storage of e-records in the field of taxation is regulated as per Clause 5, Article 6 of Circular 19/2021/TT-BTC:

- The storage of e-records in taxation is executed according to time limits prescribed by law similar to paper records, conducive to the environment, conditions of e-storage, compliant with relevant legal stipulations on archives, and ensuring the conditions prescribed in Clause 1, Article 15 of the Law on e-Transactions 2023.

- In cases where e-records exceed the regulatory storage duration but relate to the integrity of the information system and ongoing e-records, they must continue to be preserved until the disposal of e-records does not impact other e-transactions, at which point they may be destroyed.