Cases and procedures for destruction of receipts in Vietnam are specified in Decree 123/2021/ND-CP.
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Cases and procedures for destruction of receipts in Vietnam (Source: internet)
1. Cases of charge and fee receipt destruction in Vietnam
According to Clause 1, Article 39 of Decree 123/2020/ND-CP, cases of destruction of fee and charge receipts include:
- Externally-printed receipts that are incorrect, repeated or redundant must be destroyed before the receipt printing service contract is finalized.
- Receipts issued by accounting units shall be destroyed in accordance with regulations of the Law on accounting.
- Collectors must destroy their receipts which are no longer used.
- Receipts which are not yet issued but are exhibits of lawsuit cases shall not be destroyed and must be handled in accordance with regulations of laws.
2. When is the receipts certified to be destroyed in Vietnam?
Clause 2 of Article 39 of Decree 123/2020/ND-CP stipulates that receipts for the collection of taxes, fees, charges, and fees are certified to be destroyed when:
- Destruction of externally- or internally-printed receipts means the burning, cutting, shredding or use of another destruction method as long as the destroyed receipts can no longer be read.
- Destruction of electronic receipts means a method adopted to make electronic receipts no longer exist on the information system or make the information contained in such electronic receipts inaccessible and un-referable.
Unless otherwise prescribed by competent authorities, electronic receipts whose retention period has expired as prescribed in the Law on accounting shall be destroyed. The destruction of electronic receipts must avoid causing any impact on the integrity of the electronic receipts that have not been destroyed and the normal operation of the information system.
3. Procedures for destroying receipts in Vietnam
The order and procedures for destruction of charge and fee receipts determined to have been destroyed are specified in Clause 3, Article 39 of Decree 123/2020/ND-CP as follows:
-Time limit for destruction of receipts:
Receipts must be destroyed within 30 days from the date on which the destruction is notified to the supervisory tax authority.
When receipts become invalid as notified by the tax authority, the collector shall destroy receipts and provide the tax authority with the following information:
+ The collector’s name
+ TIN (if any) and address
+ Destruction method
+ Time and date of destruction
+ Type of receipts
+ Form number and reference number of destroyed receipt,
+ Number of destroyed receipts (from number…..to number…..), and quantity of destroyed receipts.
Receipts must be destroyed within 10 days from the date on which they are invalid as notified by the tax authority.
- To make the list of receipts to be destroyed:
The collector shall make the list of receipts to be destroyed.
The list of receipts to be destroyed must specify:
+ The receipt's name;
+ Form number and reference number of the receipt
+ Quantity of receipts to be destroyed (from number….to number…., or number of each receipt to be destroyed if the receipt numbers are not continuous).
- To establish a receipt destruction council:
The collector shall establish a receipt destruction council.
The receipt destruction council is comprised of senior representatives and representatives of the accounting department of the collector in charge of collecting other amounts payable to state budget.
The receipt destruction record must bear signatures of members of the receipt destruction council who shall assume legal liability for any mistakes thereof.
- A receipt destruction dossier:
A receipt destruction dossier includes:
+ The decision on establishment of the receipt destruction council;
+ The list of receipts to be destroyed;
+ The receipt destruction record;
+ The notice of receipt destruction result.
The receipt destruction dossier must be kept by the collector.
The notice of receipt destruction result is made using Form No. 02/HUY-BLG in Appendix IA issued together with Decree 123/2021/ND-CP into 02 copies of which one copy is kept by the collector, and the other is sent to the collector’s supervisory tax authority within 05 working days from the date of receipt destruction.
The notice of receipt destruction result must specify type, reference number of destroyed receipt, quantity of destroyed receipts (from number…..to number….), reasons, date and time, and method of destruction.
Tax authorities shall take charge of destroying receipts which are printed according to orders of a Provincial Department of Taxation, are not sold but no longer used. b) The General Department of Taxation shall promulgate procedures for destruction of receipts printed according to orders of Provincial Departments of Taxation in Vietnam.
Diem My
