07:46 | 23/07/2024

Guidance on the Implementation of Electronic Invoices in 2024 for Tax Administration According to Official Dispatch 5258/BTC-TCT

Guidelines for implementation of electronic invoices in 2024 in tax administration according to Official Dispatch 5258/BTC-TCT? Ms. U.T-Ha Noi

Guidelines for Implementing the Application of Electronic Invoices in 2024 in Tax Management According to Official Dispatch 5258/BTC-TCT

On May 22, 2024, the Ministry of Finance issued Official Dispatch 5258/BTC-TCT of 2024 regarding the coordination directive in tax management.

The Ministry of Finance provides guidelines for the implementation of electronic invoices in 2024 as follows:

- To effectively implement the directives of the Government of Vietnam and the Prime Minister of the Government of Vietnam on strengthening the management and use of electronic invoices and promoting the urging and handling of tax debt recovery, ensuring that the tax debt rate as of December 31, 2024, on the total actual state budget revenue in 2024 does not exceed 8%, and the total tax debt and fees by the end of 2024 does not exceed 5% of the total actual state budget revenue in 2024. Harness the combined strength of the entire political apparatus in the work of handling and recovering tax debts to the state budget, contributing to achieving economic and social development goals.

Therefore, the Ministry of Finance respectfully requests the comrades to pay attention and direct the local party committees, authorities, and related provincial departments and authorities in implementing several tasks in applying electronic invoices as follows:

- Establish a Steering Committee for the implementation of electronic invoices generated from cash registers, headed by the leadership of the provincial or city People's Committee, with members representing the Tax Department, Police Department, Market Management, Department of Finance, Department of Justice, Department of Planning and Investment, Department of Industry and Trade, Department of Information and Communications, Department of Health, Department of Culture, Sports and Tourism, Department of Transportation; build an operational regulation and assign tasks to each member for implementation.

- Closely coordinate with the tax authority in deploying electronic invoices in general, ensuring synchronous and effective implementation.

- Review, propagate, encourage, and require businesses and business households to apply electronic invoices generated from cash registers, particularly focusing on retail sectors directly dealing with consumers as directed by the Government of Vietnam and the Prime Minister of the Government of Vietnam, such as: restaurants, hotels, catering services, passenger road transportation, fuel business, gold trading, shopping malls, entertainment services, beauty services, retail of pharmaceutical drugs, toll roads, cable cars, etc. Register to apply electronic invoices generated from cash registers in 2024 (achieving at least 70% of businesses and business households required to apply according to the Tax Department's implementation plan).

- Form inter-agency inspection teams to inspect businesses and business households registered to apply electronic invoices, ensuring 100% transactions are recorded, and full electronic invoices are issued; Strictly handle cases where registration exists but application is absent or incomplete regarding electronic invoice issuance and violations of tax laws.

- Coordinate with the tax authority to propagate the benefits of using electronic invoices generated from cash registers to sellers and buyers, complying with the requirement for continuous, 24/7 invoice issuance, facilitating customers in obtaining electronic invoices conveniently.

- Direct district and lower-level local authorities, departments, and sectors to strengthen the management, inspection, supervision, and post-inspection of business operation status, while cooperating with the tax authority to supervise and promptly identify violations of the law by businesses, especially the act of buying and selling invoices.

Guidelines for Implementing the Application of Electronic Invoices in 2024 in Tax Management According to Official Dispatch 5258/BTC-TCT

Guidelines for Implementing the Application of Electronic Invoices in 2024 in Tax Management According to Official Dispatch 5258/BTC-TCT

Who are the subjects applied with electronic invoices?

According to Clause 1, Article 13 of Decree 123/2020/ND-CP stipulates as follows:

Application of electronic invoices when selling goods, providing services

1. The subjects applied with electronic invoices shall comply with Article 91 of the Tax Management Law No. 38/2019/QH14. For cases of high tax risks, follow the regulations of the Minister of Finance.

According to Article 91 of The 2019 Tax Management Law, the subjects applied with electronic invoices include:

+ Business households and individual businesses that meet the revenue and labor size criteria of micro-enterprises according to the law on support for small and medium enterprises are required to comply with accounting policies and pay taxes by the declaration method, and cases where revenue can be determined upon selling goods or providing services must use electronic invoices with a tax authority's code.

+ Enterprises and economic organizations use electronic invoices with tax authority's code when selling goods or providing services regardless of the value of each transaction, except as specified in Clauses 2 and 4, Article 91 of The 2019 Tax Management Law.

+ Businesses operating in sectors such as electricity, fuel, postal and telecommunications, clean water, financial credit, insurance, healthcare, e-commerce, supermarket trade, transportation by air, road, rail, sea, inland waterway, and businesses and economic organizations that have or will carry out electronic transactions with tax authorities, build information technology infrastructure, have accounting software, and e-invoicing software that meets requirements for creating, retrieving electronic invoices, storing e-invoice data, and ensuring data transfer of electronic invoices to buyers and tax authorities may use electronic invoices without a tax authority's code when selling goods or providing services regardless of the transaction value, except for high-risk tax cases as per the Minister of Finance's regulations and cases where electronic invoices with a tax authority's code are registered for use.

+ Business households and individual businesses that do not meet the conditions to use electronic invoices with a tax authority's code but need invoices to issue to customers, or cases where enterprises, economic organizations, and other entities are allowed by the tax authority to issue electronic invoices to customers, may be issued electronic invoices with a tax authority's code on a per-transaction basis and must declare and pay taxes before the tax authority issues the electronic invoice for each transaction.

What parts does an electronic invoice format include?

According to Clause 2, Article 12 of Decree 123/2020/ND-CP, the format of electronic invoices includes two components: the data component of the electronic invoice and the data component of the digital signature. For electronic invoices with a tax authority's code, there is an additional data component related to the tax authority's code.

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