What is the summary of the latest documents on e-invoices in Vietnam? Are enterprises in Vietnam required to use e-invoices from July 1, 2022?
What is an e-invoice in Vietnam?
According to the provisions of Clause 2, Article 3 of Decree 119/2018/ND-CP on e-invoices when selling goods and providing services, e-invoices are specifically as follows:
"Article 3. Definition
For the purposes of this Decree, terms used herein shall be construed as follows:
...
2. Electronic invoice (e-invoice) means an invoice which is represented in the electronic data form, is created by an organization or individual selling goods or providing services, shows information about these goods or services, digital signatures and electronic signatures as per this Decree by using electronic instruments, even including those invoices created by POS cash registers with network connections for transmission of electronic data to tax authorities."
What is the summary of the latest documents on e-invoices in Vietnam? Are enterprises in Vietnam required to use e-invoices from July 1, 2022?
How many types of e-invoices are there in Vietnam?
Pursuant to Article 5 of Decree 119/2018/ND-CP stipulating e-invoices when selling goods and providing services, specific types of e-invoices are specified as follows:
"Article 5. E-invoice types
E-invoices shall be classified into the following types:
1. Value-added tax e-invoice which is an invoice that may be used by providers of goods or services for their value-added tax declaration made by employing the credit method. In this case, this type of e-invoice shall include those invoices created by POS cash registers with network connections for transfer of electronic data to tax authorities.
2. Sales e-invoice which is an invoice that may be used by providers of goods or services for their value-added tax declaration made by employing the direct method. In this case, this type of e-invoice shall include those invoices created by POS cash registers with network connections for transfer of electronic data to tax authorities.
3. Other e-invoices, including electronic stamps, electronic tickets, electronic cards, electronic receipts, electronic goods dispatch and consignment note, or electronic evidencing documents which carries other names but contains information specified in Article 6 of this Decree.
4. E-invoices referred to in clause 1, clause 2 and clause 3 of this Article shall be issued by using the standard data format regulated by the Ministry of Finance."
Thus, at present, e- invoices include: value-added invoices; sales invoices and other invoices, including: electronic stamps, electronic tickets, electronic cards, electronic receipts, electronic delivery cum delivery notes or other electronic documents with other names.
What are the contents of an e-invoice in Vietnam?
As for the regulations on the content of e-invoices, in Article 6 of Decree 119/2018/ND-CP, regulations on e-invoices when selling goods and providing services are as follows:
"Article 6. E-invoice contents
1. E-invoices shall contain the following information:
a) Invoice title, invoice code, invoice form code, invoice number;
b) The seller’s name, address and tax identification number;
c) The buyer’s name, address and tax identification number (where the buyer's tax identification number is available);
d) Name, measurement unit, quantity, unit price of goods or services; amount before VAT, rate of VAT being charged, total amount with VAT calculated at specific VAT rates, total VAT amount, total sum inclusive of VAT with respect to an VAT tax invoice;
dd) Total sum;
e) The seller’s digital signature and electronic signature;
g) The buyer’s digital signature and electronic signature (if any);
h) E-invoicing time;
i) The tax authority’s authentication code, required with respect to an e-invoice with the tax authority's code;
k) Fees and charges remitted into the state budget and other related contents (if any).
2. The Ministry of Finance shall elaborate on contents of e-invoices and cases in which it is unnecessary to present all contents stated in clause 1 of this Article."
Is it compulsory for enterprises to use e-invoices in Vietnam from July 1, 2022?
Pursuant to the provisions of Article 91 of the Law on Tax Administration 2019, the provisions of Decree 123/2020/ND-CP and Circular 78/2021/TT-BTC, enterprises are required to use e-invoices when purchasing - selling goods and services from July 1, 2022.
Accordingly, in Official Letter 10847/BTC-TCT 2021 on coordination in deploying e-invoices as prescribed in Law on Tax Administration 38/2019/QH14 and Decree 123/2020/ND-CP issued by the Ministry of Finance There are regulations on the use of e-invoices that in order to effectively implement e-invoices according to the new regulations in the above documents, the Ministry of Finance has made an implementation plan in two phases: phase 1 from November 2021 and phase 2 from April 2022; At the same time, the Ministry of Finance has issued a Decision to deploy electronic invoices in phase 1 in six provinces and cities: Hanoi, Ho Chi Minh City, Hai Phong, Phu Tho, Quang Ninh, and Binh Dinh. From now until November 2021, there are only two months left, while the implementation works are still many and complicated, the Ministry of Finance respectfully requests the Chairman of the People's Committee to pay attention and coordinate in directing a number of local public works when deploying invoices electronic regulations
Phase 2 From April 2022, apply for the remaining 57 provinces and cities according to the provisions of Decision 206/QD-BTC in 2022, deploying the application of e-invoices in 57 provinces and municipalities issued by the Minister of Finance.
Accordingly, from July 1, 2022, businesses will be required to use electronic invoices.
What is the summary of the latest documents on e-invoices in Vietnam?
- Decree 119/2018/ND-CP: Regulations on electronic invoices when selling goods and providing services
- Decree 123/2020/ND-CP: Regulations on invoices and documents
- Decree 125/2020/ND-CP: Regulations on penalties for administrative violations on taxes and invoices
- Circular 78/2021/TT-BTC: Guiding the implementation of a number of articles of the Law on Tax Administration, Decree 123/2020/ND-CP on invoices and documents. In particular, specific instructions on the roadmap for using e-invoices from July 1, 2022.
- Decision 206/QD-BTC dated February 2, 2022: Deploying the application of e-invoices in 57 provinces and centrally-run cities
- Circular 68/2019/TT-BTC (valid from July 1, 2022): Guiding the implementation of a number of articles of Decree 119/2018/ND-CP on e-invoices when selling goods, providing service level
- Circular 88/2020/TT-BTC (valid from July 1, 2022): Amending and supplementing Article 26 of Circular 68/2019/TT-BTC on e-invoices when selling goods and providing service.
- Circular 32/2011/TT-BTC (effective until June 30, 2022 according to Clause 1, Article 1 of Circular 88/2020/TT-BTC): Guidance on creating, issuing and using electricity bills sale of goods and provision of services.
- Circular 191/2010/TT-BTC (effective until June 30, 2022 according to Clause 1, Article 1 of Circular 88/2020/TT-BTC): Guiding the management and use of transport invoices.
- Circular 39/2014/TT-BTC (effective until June 30, 2022 according to Clause 1, Article 1 of Circular 88/2020/TT-BTC): Guiding the implementation of Decree 51/2010/ND-CP and Decree 04/2014/ND-CP on invoices for selling goods and providing services.
- Decision 1209/QD-BTC (effective until June 30, 2022 according to Clause 1, Article 1 of Circular 88/2020/TT-BTC): On piloting the use of e-invoices with the agency's authentication code. tax office.
- Decision 526/QD-BTC (effective until June 30, 2022 according to Clause 1, Article 1 of Circular 88/2020/TT-BTC): Expanding the pilot scope of using e-invoices with authentication codes of tax authorities.
- Circular 37/2017/TT-BTC (effective until June 30, 2022 according to Clause 1, Article 1 of Circular 88/2020/TT-BTC): Amending and supplementing Circular No. 39/2014/TT- BTC on invoices for selling goods and providing services.
- Official Letter No. 5113/TCT-CS dated December 27, 2021: Guidance on some contents of e-invoices.
- Official Letter No. 2054/TCHQ-GSQL dated June 3, 2022: Time to issue e-invoices for exported goods
Here is some of the information we provide to you. Best regards!
Thư Viện Pháp Luật
