When shall the data of issued authenticated e-invoices be transferred to the tax authority in Vietnam?

What are the responsibilities of sellers of goods/services using authenticated e-invoices in Vietnam?

The responsibilities of sellers of goods/services using authenticated e-invoices are stipulated in Article 21 of Decree 123/2020/ND-CP as follows:

- Manage the username and password of the accounts assigned by the tax authority.

- Create electronic invoices for selling goods and providing services to send to the tax authority for code issuance and bear legal responsibility for the legality and accuracy of the electronic invoices.

- Send the electronic invoice with the tax authority's code to the buyer immediately after receiving the electronic invoice with the tax authority's code.

When shall the data of issued authenticated e-invoices be transferred to the tax authority in Vietnam?

The deadline for transferring data of issued authenticated e-invoices to the tax authority is based on Article 17 of Decree 123/2020/ND-CP as follows:

Issuing authenticated e-invoices

1. Issuing authenticated e-invoices

a) Enterprises, economic organizations, other organizations, households, and individuals doing business that fall under the cases mentioned in clause 1, Article 14 of this Decree, if accessing the General Department of Taxation's electronic portal to issue invoices, shall use the authorized accounts during registration to accomplish:

- Issuing invoices for selling goods and providing services.

- Digitally signing the issued invoices and sending them for the tax authority to issue codes.

b) Enterprises, economic organizations, other organizations, households, individuals using electronic invoices with tax authority's codes via electronic invoice service providers shall access the provider's website or use the service provider's software to execute:

- Issuing invoices for selling goods and providing services.

- Digitally signing the issued invoices and sending them via the electronic invoice service provider for the tax authority to issue codes.

2. Issuing invoice codes

a) Invoices issued codes by the tax authority must ensure:

- Complete content of electronic invoices as stipulated in Article 10 of this Decree.

- Correct format of electronic invoices as stipulated in Article 12 of this Decree.

- Correct registration information as stipulated in Article 15 of this Decree.

- Not falling under cases of ceasing the use of electronic invoices with tax authority codes as stipulated in clause 1, Article 16 of this Decree.

b) The General Department of Taxation's invoice code system automatically issues invoice codes and sends back the results to the senders.

3. Enterprises, economic organizations, other organizations, households, and individuals selling goods and providing services are responsible for sending electronic invoices that have been issued a tax authority code to the buyers. The method of sending and receiving invoices is based on mutual agreement between the seller and the buyer, ensuring compliance with laws on electronic transactions.

For authenticated e-invoices, sellers of goods and service providers must immediately transfer the electronic invoice data to the tax authority after issuance for code approval and send it to the buyer.

When shall the data of issued authenticated e-invoices be transferred to the tax authority in Vietnam? (Image from the Internet)

What is the fine for failing to transfer the data of issued authenticated e-invoices to the tax authority in Vietnam?

According to the regulations stated in Article 30 of Decree 125/2020/ND-CP regarding the penalties for violations related to electronic invoice data transfer as follows:

Penalties for violations related to electronic invoice data transfer

1. A fine ranging from VND 2,000,000 to VND 5,000,000 for transferring electronic invoice data to the tax authority past the deadline from 01 to 05 working days, from the expiration date stipulated.

2. A fine ranging from VND 5,000,000 to VND 8,000,000 for one of the following actions:

a) Transferring electronic invoice data to the tax authority past the deadline from 06 to 10 working days, from the expiration date stipulated;

b) Transferring a consolidated electronic invoice data table lacking invoices issued during the period.

3. A fine ranging from VND 10,000,000 to VND 20,000,000 for one of the following actions:

a) Transferring electronic invoice data to the tax authority past the deadline from 11 working days onward, from the expiration date stipulated;

b) Not transferring electronic invoice data to the tax authority within the stipulated timeframe.

4. Corrective actions: Required to transfer electronic invoice data to the tax authority for violations stipulated at point b, clause 2 and point b, clause 3 of this Article.

Hence, for the violation of not transferring the data of issued authenticated e-invoices to the tax authority within the stipulated timeframe, a fine ranging from VND 10,000,000 to VND 20,000,000 may be imposed.

In addition to the fine, violators are mandated to transfer the data of issued electronic invoices with a code to the tax authority compliantly.

Note: The above fine levels are applicable to organizations. For taxpayers who are households, business households, the fine levels will be as applicable to individuals. (According to clause 4, Article 7 of Decree 125/2020/ND-CP)