Vietnam: Is it required to issue an invoice upon partial provision of services? What are the regulations on the invoicing time?
What are the regulations on the invoicing time in Vietnam?
Pursuant to Article 9 of Decree 123/2020/ND-CP, the invoicing time in Vietnam is specified as follows:
No. | Activity | Invoicing time |
1 | Sale of goods | Invoices for sale of goods shall be issued when the right to own or use goods is transferred to buys, whether the payment of the invoiced amount is made or not. |
2 | Provision of services | Invoices for provision of services shall be issued upon completion of the provision of services, whether the payment of the invoiced amount is made or not. In case a service is provided with payments collected in advanced or during the provision of that service, an invoice shall be issued when each payment is collected (excluding payments of deposited amounts or advance payments which are made to ensure the execution of contracts for provision of accounting, audit, financial consulting or taxation services; valuation services; technical survey and design services; supervision consulting services; investment construction project formulation services). |
3 | In case where multiple deliveries are required, or each goods item or service phase is accepted | It shall be mandatory to issue an invoice showing quantity, value of goods or service for each respective delivery or acceptance |
4 | In cases where a service is provided regularly and in large quantities, and needs time for checking and verifying figures between the service provider and its clients/partners such as: + air transport support services; + supply of aviation fuel to airlines; + supply of electricity (except for the case of selling electricity of electricity generation companies), supply of water; + Television services; + postal and delivery services (including agency services, cash collection and payment services); + telecommunications services (including value-added telecommunications services); + Logistics services; + IT services (except for cases 5, 6) | Invoices shall be issued upon completion of figures checking and verification between the parties but no later than the 07th of the month following the month in which the service is provided or within 07 days after the end of a cycle. |
5 | Telecommunications services (including value-added telecommunications services) and IT services (including intermediary payment services provided on telecommunications or IT platforms) of which the payments require checking and verification of data connections between the service providers | Invoices shall be issued upon completion of service charge data under economic contracts signed between service providers but within 2 months following the month in which connection service charges arise |
6 | In case telecommunications services (including value-added telecommunications services) are provided by selling prepaid cards or collecting interconnection charges when clients register for use of services without requesting the issue of VAT invoices or providing name, address and TIN | at the end of each day or on the periodical basis of each month, the service provider shall issue a VAT invoice recording total revenue from each service provided to the buyer for which the buyer does not request invoice or does not provide name, address and TIN |
7 | Construction and installation | Invoices for construction and installation shall be issued at the time of commissioning and acceptance of the finished work, work item or construction/installation amounts, whether the payment of the invoiced amount is made or not. |
8 | For organizations trading real estate or building infrastructure facilities and houses for sale or transfer, in case the ownership or use right is not yet transferred: | An invoice shall be issued every time an installment is made in accordance with the agreement or contract. |
For organizations trading real estate or building infrastructure facilities and houses for sale or transfer, in case the ownership or use right have been transferred | An invoice shall be issued when the right to own or use goods is transferred to buys, whether the payment of the invoiced amount is made or not | |
9 | Online purchase of air tickets | An invoice for air tickets issued via websites or e-commerce systems established according to international practices shall be issued within 05 days from the day on which the ticket is issued on the website or e-commerce system. |
10 | Exploration, extraction and processing of crude oil | Invoices for the sale of crude oil, condensate and products processed from the crude oil shall be issued when the official selling price is determined agreed upon between the buyer and the seller, whether the payment of invoiced amounts is made or not. |
11 | Sale of natural gas, associated gas or coal gas which is transported through the pipelines to buyers | Invoices shall be issued when the buyer and the seller agrees upon the quantity of gas delivered every month but within 07 days after the seller notifies in writing the quantity of gas delivered in the month |
12 | For retailers, and foods and drinks trading establishments that sell foods and drinks directly to consumers through their stores but all business operations are recorded at their head offices (the head office directly enters into contracts for sale of goods/provision of services; each store shall issue sales invoices to clients through its POS cash register in the name of the head office), POS cash registers are connected to computers but incapable of transmitting data to tax authorities, bills are printed out and presented to clients who do not request for e-invoices and data thereof is stored on the system | at the end of a business day, the business establishment shall, based on bill data, issue e-invoices for goods or foods and drinks sold during the day, and send them to clients if requested |
13 | Sale of electricity by electricity generators | e-invoices shall be issued according to the time of checking and verifying payment amounts between the electricity grid and market operator, electricity generator and buyer as prescribed by the Ministry of Industry and Trade or the power purchase agreement which has been instructed and approved by the Ministry of Industry and Trade but by the deadline for submission of tax declaration dossier for the month in which tax is incurred in accordance with regulations of the law on taxation |
14 | In case of retailing of oil and gas | E-invoices shall be issued to buyers upon completion of each sale |
15 | In case of provision of air transport services or insurance services through agents | Invoices shall be issued upon completion of data checking and verification between the parties but by the 10th of the month following the month in which the service is provided |
16 | In case of provision of banking, securities, insurance or e-wallet money transfer services, electricity supply suspension and resumption services rendered by electricity distributors to non-business individuals (or business individuals) that do not request for invoices, | at the end of each day or each month, the service provider shall issue a consolidated invoice based on details on each transaction conducted in the day or month at its data management system |
17 | In case of provision of passenger transport services by taxis equipped with using taxi fare calculation software | Invoices shall issued at the end of the trip. |
18 | With regards to health facilities that use software for managing medical examination and treatment, and hospital fees, if physical receipt (hospital fee receipt or medical service charge receipt) is printed out upon each provision of medical service or x-ray or testing services, and stored on the IT system, and the client (i.e. patient) does not request for invoices | At the end of each day, the health facility shall, based on information on medical services provided and contained in physical receipts, compile e-invoices for medical services provided in the day, and send e-invoices to clients at their request |
19 | In case of non-stop electronic toll collection (ETC) | an invoice shall be issued on the day on which the vehicle charged runs through the tollbooth. If a client using the ETC service owns two or more vehicles using the service multiple times in a month, the ETC service provider may issue e-invoices to that client periodically but by the last day of the month in which the ETC service is provided |
What is the time for calculating VAT for sale and purchase of goods and/or provision of services in Vietnam?
Pursuant to Article 8 of Circular 219/2013/TT-BTC as follows:
Time for calculating VAT
1. For goods sale, VAT shall be calculated when the ownership or the right to use goods is transferred to the buyer, whether the payment is made or not.
2. For service provision, VAT shall be calculated when service provision is completed or when the invoice for service provision is made, whether the payment is made or not.
For telecommunications services, VAT shall be calculated when comparing the data about telecommunications charge according to the contracts between telecommunications service providers, but not later than 2 months from the month in which the charge is incurred.
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Thus, for goods sale, VAT shall be calculated when the ownership or the right to use goods is transferred to the buyer, whether the payment is made or not.
For service provision, VAT shall be calculated when service provision is completed or when the invoice for service provision is made, whether the payment is made or not.
Is it required to issue an invoice upon partial provision of services in Vietnam?
In Official Dispatch 1562/CTTPHCM-TTHT in 2023, the HCMC Tax Department provides guidance on issues during the transfer of authenticated e-invoices as follows:
... In case multiple deliveries are required, or each goods item or service phase is accepted, it shall be mandatory to issue an invoice showing the quantity, and value of goods or service for each respective delivery or acceptance as prescribed in Article 9 of Decree 123/2020/ND-CP and the law on VAT.
Thus, in case multiple deliveries are required, or each goods item or service phase is accepted, it shall be mandatory to issue an invoice showing the quantity, and value of goods or service for each respective delivery or acceptance as prescribed in Article 9 of Decree 123/2020/ND-CP and the law on VAT.
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