Content of the form 04/ss-hđđt reporting electronic invoices with errors in Vietnam

Content of the form 04/ss-hđđt reporting electronic invoices with errors in Vietnam

As precribed in Appendix IA issued with Decree 123/2020/ND-CP, there is a regulation on form 04/ss-hddt for notification of electronic invoices with errors as follows:

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

NOTICE OF ERRORS IN ELECTRONIC INVOICES

Dear: (Tax authority)

Name of the taxpayer:............................................. .................................................

Tax code:.............................................. ................................................................ ............

Taxpayers reported errors in electronic invoices as follows:

In Vietnam: If an electronic invoice has been sent to the buyer and an error is discovered, what procedures must be taken?

According to Clause 2, Article 19 of Decree 123/2020/NĐ-CP, if an electronic invoice that has been sent to the buyer is found to have an error, it must be handled as follows:

Case 1: There is an error in the name or address of the buyer but the taxpayer identification number is correct, and the other information is correct. In this case, the seller must inform the buyer of the error and does not need to issue a new invoice.

The seller must also notify the tax authority of the error using Form 04/SS-HĐĐT, except in cases where the electronic invoice with the error has not yet been sent to the tax authority.

Case 2: The taxpayer identification number is incorrect; the amount on the invoice is incorrect; the tax rate or tax amount is incorrect; or the goods on the invoice do not meet the specifications or quality. In this case, the seller may choose one of the following two options:

- The seller issues an electronic invoice to adjust the invoice that was issued with the error.

If the seller and the buyer have an agreement to prepare a written agreement before issuing an adjustment invoice for the invoice that was issued with the error, the seller and the buyer must prepare a written agreement stating the error. The seller will then issue an electronic invoice to adjust the invoice that was issued with the error.

The electronic invoice to adjust the invoice that was issued with the error must include the following line: "Adjustment for invoice No. ..., code ..., number ..., date ..., month ..., year."

- The seller issues a new electronic invoice to replace the invoice with the error.

If the seller and the buyer have an agreement to prepare a written agreement before issuing a replacement invoice for the invoice that was issued with the error, the seller and the buyer must prepare a written agreement stating the error. The seller will then issue a new electronic invoice to replace the invoice that was issued with the error.

The new electronic invoice to replace the invoice that was issued with the error must include the following line: "Replacement for invoice No. ..., code ..., number ..., date ..., month ..., year."

The seller must sign the new electronic invoice to adjust or replace the invoice that was issued with the error. The seller will then send the new invoice to the buyer (in cases where the seller uses an electronic invoice without a tax authority code) or send it to the tax authority for the tax authority to assign a code for the new invoice to send to the buyer (in cases where the seller uses an electronic invoice with a tax authority code).

Case 3: For the airline industry, exchange or refund invoices for air transportation documents are considered adjustment invoices and do not require the information "Adjustment increase/decrease for invoice No. ..., code ..., date ..., month ..., year."

Airline companies are allowed to issue their own invoices for exchange or refund cases for air transportation documents issued by agents.

What is the time to issue an electronic invoice in Vietnam?

According to Article 9 of Decree 123/2020/NĐ-CP, the time of issuance of an invoice is as follows:

The time of issuance of an invoice

1. For the sale of goods (including the sale of state assets, confiscated assets, assets paid into the state treasury, and the sale of national reserve goods), the time of issuance of the invoice is the time when the ownership or right to use the goods is transferred to the buyer, regardless of whether payment has been received or not.

2. For the provision of services, the time of issuance of the invoice is the time when the service is completed, regardless of whether payment has been received or not. If the service provider receives payment before or during the provision of the service, the time of issuance of the invoice is the time when payment is received (excluding the case of receiving a deposit or advance payment to ensure the implementation of the contract for the provision of services: accounting, auditing, financial consulting, tax; appraisal; surveying, technical design; consulting supervision; project preparation for construction).

3. In case of multiple deliveries or delivery of each stage of the service, an invoice must be issued for each delivery or delivery of the corresponding quantity and value of goods or services.

Therefore, the time of issuance of an electronic invoice is determined as follows:

- For the sale of goods, including the sale of state assets, confiscated assets, assets paid into the state treasury, and the sale of national reserve goods:

The time of issuance of an electronic invoice is the time when the ownership or right to use the goods is transferred to the buyer, regardless of whether payment has been received or not.

- For the provision of services:

The time of issuance of an electronic invoice is the time when the service is completed, regardless of whether payment has been received or not.

If the service is paid for in advance or during the provision of the service, the time of issuance of the electronic invoice is the time when payment is received.

- For multiple deliveries or delivery of each stage of the service:

The time of issuance of an electronic invoice is the time of each delivery or delivery of the corresponding quantity and value of goods or services.

Best regards!