What are the responsibilities of buyers of goods and services in using invoices and records in Vietnam?
What are the rights of sellers of goods or service providers in using invoices and records in Vietnam?
Under the provisions of Clause 1, Article 55 of Decree 123/2020/ND-CP, the regulations are as follows:
Rights and obligations of sellers of goods/providers of services
1. A seller of goods or service provider shall have the right to:
a) Generate unauthenticated e-invoices if meeting the requirements laid down in Clause 2 Article 91 of the Law on tax administration No. 38/2019/QH14;
b) Use authenticated e-invoices if being eligible as prescribed in Clauses 1, 3, 4 Article 91 of the Law on tax administration No. 38/2019/QH14;
c) Use tax authority-ordered printed invoices as prescribed in Article 24 hereof;
d) Use legal invoices to serve business operations;
dd) File lawsuits against entities infringing upon rights to generate, issue and use legal invoices.
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Thus, sellers of goods or service providers have the rights to:
- Generate unauthenticated e-invoices if meeting the requirements stipulated in Clause 2, Article 91 of the Tax Administration Law 2019.
- Use authenticated e-invoices if eligible stipulated in Clauses 1, 3, 4, Article 91 of the Tax Administration Law 2019.
- Use tax authority-ordered printed invoices as stipulated in Article 24 of Decree 123/2020/ND-CP.
- Use legal invoices to serve business operations;
- File lawsuits against entities infringing upon rights to generate, issue and use legal invoices.
What are the responsibilities of buyers of goods and services in using invoices and records in Vietnam?
What are the obligations of sellers of goods or service providers in using invoices and records?
Under the provisions of Clause 2, Article 55 of Decree 123/2020/ND-CP, the regulations are as follows:
Rights and obligations of sellers of goods/providers of services
...
2. A seller of goods or service provider shall be obliged to:
a) Issue and give invoices when selling goods or providing services to customers;
b) Manage the generation of invoices as prescribed herein;
c) Register for use of e-invoices as prescribed in Article 15 hereof if using e-invoice an transmit e-invoice data to tax authorities in case of use of unauthenticated e-invoices as prescribed in Article 22 hereof;
d) Publish the methods for searching and receipt of original files of e-invoices sent from the seller to buyers;
dd) Submit reports on use of invoices, using Form No. BC26/HDG in Appendix IA enclosed herewith, to the supervisory tax authority in case of purchase of invoices from tax authorities;
e) Send invoice data to tax authorities, using form No. 01/TH-HDDT in Appendix IA enclosed herewith, in case of use of invoices bought from tax authorities, and VAT declaration.
Thus, under the aforementioned provisions, sellers of goods or service providers in using invoices and records have the following obligations:
- Issue and give invoices when selling goods or providing services to customers;
- Manage the generation of invoices as prescribed in Decree 123/2020/ND-CP;
- Register to use electronic invoices as per Article 15 of Decree 123/2020/ND-CP if using e-invoices and transmit e-invoice data to tax authorities in case of use of unauthenticated e-invoices as prescribed in Article 22 of Decree 123/2020/ND-CP;
- Manage the generation of invoices as prescribed in Decree 123/2020/ND-CP;
- Submit reports on use of invoices, using Form No. BC26/HDG in Appendix IA issued with Decree 123/2020/ND-CP, to the supervisory tax authority in case of purchase of invoices from tax authorities ;
- Send invoice data to tax authorities, using form No. 01/TH-HDDT in Appendix IA issued with Decree 123/2020/ND-CP, in case of use of invoices bought from tax authorities, and VAT declaration.
What are the responsibilities of buyers of goods and services in using invoices and records in Vietnam?
According to the provisions of Article 56 of Decree 123/2020/ND-CP, the regulations are as follows:
Responsibilities of buyers of goods/services
1. Request sellers to issue and give invoices when buying goods/services.
2. Provide accurate information necessary for sellers to issue invoices.
3. Sign copies of invoices which contain adequate information in case two parties have agreed that the buyer shall sign invoices.
4. Use invoices for prescribed purposes.
5. Provide information on invoices for competent authorities at their request; in case of use of tax authority-ordered printed invoices, provide original invoices; in case of use of e-invoices, comply with regulations on searching, provision and use of e-invoice information.
Thus, buyers of goods and services in using invoices and records have the following responsibilities:
- Request sellers to issue and give invoices when buying goods/services.
- Provide accurate information necessary for sellers to issue invoices.
- Sign copies of invoices which contain adequate information in case two parties have agreed that the buyer shall sign invoices.
- Use invoices for prescribed purposes.
- Provide information on invoices for competent authorities at their request; in case of use of tax authority-ordered printed invoices, provide original invoices; in case of use of e-invoices, comply with regulations on searching, provision and use of e-invoice information.
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