Vietnam: What to do in case of printed invoices purchased from tax authorities but lost, burnt or damaged?

May I ask: What to do in case of printed invoices purchased from tax authorities but lost, burnt or damaged? Question of Ms. Nhan from Lam Dong.

What to do in case of printed invoices purchased from tax authorities but lost, burnt or damaged?

Pursuant to Article 28 of Decree No. 123/2020/ND-CP stipulating the handling of printed invoices purchased from tax authorities but lost, burnt or damaged as follows:

- Enterprises, business entities, household or individual businesses shall make reports on any lost, burnt or damaged invoices, whether they are issued or not, and notify them to their supervisory tax authorities, using Form No. BC21/HDG in Appendix IA enclosed with Decree No. 123/2020/ND-CP, within 05 working days from the occurrence of such loss, burning or damage. If the deadline (i.e. 05th day) falls on the day off as prescribed by law, the deadline shall be the day following that day off.

- If the copy 2 of an invoice which has been properly issued is lost, burnt or damaged by either the seller or buyer, the seller and buyer shall make a record of such loss, burning or damage, which specifies the month in which the seller uses copy 1 of the invoice for tax declaration, append signatures and full names of their legal representatives (or their authorized persons), and seals (if any) to that record. Then, the seller shall make a photocopy of copy 1 of the invoice, which bears the signature of the seller’s legal representative and seal, and send it to the buyer.

+ The buyer may use the photocopy bearing the seller’s signature and seal (if any) and the record of the lost, burnt, or damaged copy 2 as evidencing documents for bookkeeping and tax declaration. The buyer and the seller are responsible for the accuracy of the loss, burning or damage to the invoice.

+ If the loss, burning or damage to copy 2 of the invoice is related to a third party (e.g. a goods deliverer or invoice deliverer), responsibility shall be attributed depending on whether the third party is hired by the buyer or the seller.

Vietnam: What to do in case of printed invoices purchased from tax authorities but lost, burnt or damaged?

Vietnam: What to do in case of printed invoices purchased from tax authorities but lost, burnt or damaged? (Image from the Internet)

Form No. BC21/HDG Report the loss, fire or damage of printed invoices purchased from tax authorities according to current regulations?

The form of report on loss, fire or damage of printed invoices purchased from tax authorities is Form No. BC21/HDG specified in Appendix IA issued together with Decree No. 123/2020/ND-CP. Below is an image of the Report on the loss, fire or damage of a printed invoice purchased by the tax authority:

Download the Report of loss, fire or damage of printed invoices purchased from tax authorities: Here.

How to handle erroneously issued invoices purchased from tax authorities in Vietnam?

Pursuant to Article 26 of Decree No. 123/2020/ND-CP stipulating the handling of issued invoices purchased from tax authorities in Vietnam as follows:

- In case an issued invoice is found erroneous before it is given to a buyer, the seller shall cross out its copies and keep the erroneous invoice.

- If the buyer's name and/or address is wrong but its TIN is correct, two parties shall prepare a correcting record without issuing a correction invoice.

- If the issued invoice has been given to the buyer and is found erroneous but the invoiced goods/services are not yet delivered, or both the buyer and seller do not yet declare tax, the buyer and seller shall make a record of withdrawal of copies of the erroneous invoice.

+ The reasons for withdrawing an invoice must be specified in the record of invoice withdrawal.

+ The seller shall cross out the copies of the erroneous invoice, keep the erroneous invoice and issue a new invoice as prescribed.

- If an issued invoice has been given to the buyer and is found erroneous and the goods/services have been delivered, or both the buyer and seller have completed tax declaration, the seller shall issue a correction invoice.

+ The correction invoice shall specify the corrections (increase/decrease) to the quantity of goods, price, VAT rate and/or VAT amount specified in the invoice No……..reference No……..

+ Based on the correction invoice, the seller and buyer shall declare corrections to their revenues, input and output VAT. No negative numbers are written on the correction invoice.

+ The seller and the buyer shall prepare a document specifying the errors as agreed upon between them before the seller issues a correction invoice.

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