How to determine the invoicing time in Vietnam? How many types of invoices are there?
How many types of invoices are there in Vietnam?
Pursuant to Article 8 of Decree 123/2020/ND-CP regulating the following types of invoices:
Invoice types
Invoices prescribed herein are classified into the following types:
1. Value-added tax (VAT) invoice is an invoice which may be used by organizations making VAT declaration by employing the credit-invoice method for the following activities:
a) Domestic sale of goods or provision of services;
b) Provision of international transport services;
......
2. Sales invoice is an invoice which may be used by the following organizations and individuals:
a) Organizations or individuals that declare and calculate VAT by employing direct method for the following activities:
......
b) Organizations or individuals in free trade zones that sell goods or provide services to the domestic market, sell goods or provide services to other organizations/individuals in free trade zones, or sell goods or provide services to a foreign market. In such cases, invoices must bear the phrase “Dành cho tổ chức, cá nhân trong khu phi thuế quan” ("For organizations/individuals in free trade zones”).
3. Public property electronic sales invoice is used when selling the following types of property:
a) Public property at authorities, organizations or units (including state owned houses);
b) Infrastructure property;
......
4. Electronic sales invoice on national reserve goods is used when a state reserves agency or unit sells national reserve goods in accordance with regulations and laws.
5. Other invoices, including:
a) Stamps, tickets and cards in the form and containing contents prescribed herein;
b) Air freight receipts; receipts of international transport charges; receipts of banking service charges, except the cases prescribed in Point a of this Clause where a record whose format and contents are made according to international practices and regulations of relevant laws.
6. Records printed, issued, used and managed in the same manner as invoices, including delivery and internal transfer note, and delivery notes for goods sent to sales agents.
Accordingly, for each activity, each transaction, there will be a different type of invoice to use. Invoices include the following specific types:
- VAT invoice.
- Sales invoice.
- Public property electronic sales invoice
- Electronic sales invoice.
- Other invoices including:
+ Stamps, tickets and cards in the form and containing contents prescribed herein;
+ Air freight receipts;
+ Receipts of international transport charges;
+ Receipts of banking service charges
- Records printed, issued, used and managed in the same manner as invoices, including:
+ Delivery and internal transfer note.
+ Delivery notes for goods sent to sales agents.
How to determine the invoicing time in Vietnam? How many types of invoices are there?
How to determine the invoicing time in Vietnam?
According to Article 9 of Decree 123/2020/ND-CP, the invoicing time is determined as follows:
Invoicing time
1. Invoices for sale of goods (including the sale of state-owned property, property confiscated and put into state fund, and the sale of national reserve 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. 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.
......
Through the above provisions, the time of making invoices in each case is specifically determined as follows:
- 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.
- 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
Note: 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.
- 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.
What are the declaration instructions for adjustment and replacement of invoices in Vietnam?
In Official Dispatch 49535/CTHN-TTHT of 2022, the declaration instructions for adjustment and replacement of invoices are as follows:
Based on the above regulations, in the case of Aeonmall Himlam Co., Ltd., there is an adjustment invoice or replacement invoice as prescribed in Clause 2, Article 19 of Decree No. 123/2020/ND-CP dated October 19, 2020. of the Government, the Company shall make additional declaration for each tax declaration with errors according to the provisions of Article 47 of the Law on Tax Administration No. 38/2019/QH14 dated June 13, 2019 of the National Assembly and Clause 4 of Article 7 Decree No. 126/2020/ND-CP dated October 19, 2020 of the Government.
Regarding problems related to the declaration of missed input invoices from the previous period and electronic invoices with a date different from the date of signing, the Hanoi Tax Department has issued an official report, asking for opinions from the General Department of Taxation. . When receiving instructions, Hanoi Tax Department will notify the Company to know and implement.
Thus, in cases where an adjustment invoice or replacement invoice arises due to errors in the tax code, errors in the amount recorded on the invoice, errors in the tax rate, tax amount or goods recorded on the invoice, If the invoice does not comply with specifications, quality, etc., businesses and individuals must declare additional invoices for each tax declaration with errors.
LawNet
