How to write the buyer’s name, address and TIN in the invoices in Vietnam? What are prohibited acts related to invoices and records in Vietnam? What is the invoicing time for sale of goods in Vietnam?
Pursuant to Clause 5 Article 10 of the Decree 123/2020/ND-CP stipulating the buyer’s name, address and TIN in the invoices in Vietnam:
- If the buyer is a business establishment that has a TIN, the buyer’s name, address and TIN shall be written on the invoice shall be same as those written on the certificate of enterprise registration, certificate of branch registration, certificate of household business registration, taxpayer registration certificate, TIN notification, investment registration certificate, or certificate of cooperative registration.
If the buyer’s name or address is too long, the seller may shorten some common nouns (such as P instead of “Phường” (ward), Q instead of “Quận” (district), TP instead of “Thành Phố” (city), TNHH instead of “Trách nhiệm Hữu hạn" (limited liability), KCN instead of “khu công nghiệp” (industrial park), SX instead of “sản xuất” (manufacturing/ production), CN instead of “Chi nhánh” (branch), etc.) as long as the house number, names of the street, ward, district, city, name of the company are written and conformable with business registration or tax registration of the company.
- If the buyer does not have a TIN, the invoice will not have the buyer's TIN. In case of sale of special goods/services to an individual mentioned in Clause 14 Article 10 of the Decree 123/2020/ND-CP, the buyer’s name and address are not mandatory on the invoice.
In case of sale of goods/services to a foreigner in Vietnam, the buyer’s information and address may be replaced with information in his/her passport or travel document and his/her nationality.
How to write the buyer’s name, address and TIN in the invoices in Vietnam?
Pursuant to Article 5 of the Decree 123/2020/ND-CP stipulating prohibited acts related to invoices and records in Vietnam:
1. For tax officials:
- Disturb or cause difficulties to organizations/individuals buying invoices/records;
- Protect or enter into collusion with organizations/individuals to use illegal invoices/records;
- Take bribes when carrying out invoice-related inspections.
2. For goods sellers, service providers, organizations and individuals with related rights and obligations:
- Perform deceitful acts such as use of illegal invoices or illegal use of invoices;
- Obstruct tax officials in performing their tasks, including acts of obstruction that harm the health or dignity of tax officials who are performing invoice/record-related inspections;
- Illegally access, falsify or destroy invoice/record information systems;
- Give bribes or perform other invoice/record-related acts for obtaining illegal benefits.
Pursuant to Article 9 of the Decree 123/2020/ND-CP stipulating invoicing time:
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 buyers, 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.
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As regulated above, invoices for sale of goods shall be issued when the right to own or use goods is transferred to buyers, whether the payment of the invoiced amount is made or not.
Best regards!