Do e-invoices have to buy digital signatures in Vietnam?

1. Do e-invoices have to buy digital signatures in Vietnam?

Pursuant to Point dd, Clause 1, Article 3 of Circular 68/2019/TT-BTC stipulating the contents of e-invoices as follows:

dd) Buyer’s and seller's digital or electronic signatures

- In case the seller is an enterprise or organization, the seller’s digital signature on the invoice is the digital signature of such enterprise or organization; in case the seller is an individual, it will be the digital signature of the individual or another person authorized by the individual.

- In case the buyer is a business establishment and both the buyer and the seller agree to use digital or electronic signatures on the electronic invoice issued by the seller, the buyer shall add the digital or electronic signature to the invoice accordingly.

- Electronic invoices do not necessarily have digital or electronic signatures of the buyer and the seller as prescribed in Clause 3 of this Article.

Pursuant to Clause 3, Article 3 of Circular 68/2019/TT-BTC, some e-invoices do not necessarily have the following contents:

3. Exceptions

a) An electronic invoice does not necessarily have the buyer’s electronic signature, even if goods/services are sold overseas). In case the buyer is a business establishment and both the buyer and the seller agrees to use digital or electronic signatures on the electronic invoice issued by the seller, the invoice shall bear the buyer’s and the seller’s digital or electronic signatures.

b) The electronic invoice issued by a supermarket or shopping mall to a non-business buyer does not necessarily bear the buyer’s name, address and TIN.

c) Electronic invoices for sale of oil and gas to non-business individuals do not necessarily bear the invoice name, code, symbol, number; the buyer’s name, address, TIN, electronic signature; the seller’s digital or electronic signature; VAT rate. The seller shall retain electronic invoices for sale of oil and gas to non-business individuals; make sure they can be accessed at the request of competent authorities.

dd) Electronic invoices in the form of stamps, tickets or cards do not necessarily contain the seller’s digital or electronic signature (except for those authenticated by tax authorities), the buyer’s information, VAT rate, VAT amount. Invoices for pre-priced stamps, tickets and cards do not need to contain the unit, quantity and unit price.

dd) Electronic air tickets issued via websites and e-commerce systems to buyers that are non-business individuals following international practice do not necessarily bear the invoice symbol, code, number, VAT rate, the buyer’s TIN, address and the seller’s digital or electronic signature.

In case a business or non-business organization buys air tickets, the electronic air tickets issued via websites or e-commerce systems to individuals of that organization following international practice are not considered electronic invoices. Airliners and their agents shall issue electronic invoices with sufficient information and provide them for their buyers.

e) Invoices for construction and installation; construction of houses for sale under instalment plans do not necessarily bear the unit, quantity and unit price.

g) Electronic deliver notes shall bear the deliverer’s name, vehicle, sending address, receiving address; do not necessarily bear the tax rate, tax amount and total amount payable.

h) Invoices for interline payment between airliners issued in accordance with regulations International Air Transport Association (IATA) do not necessarily have the invoice symbol, code, the buyer’s name, address, TIN, electronic signature, unit, quantity, unit price.

Thus, an e-invoice is not required to have a digital signature if you fall into one of the cases specified above in Vietnam.

2. What do contents of e-invoice in Vietnam comprise?

Pursuant to Article 6 of Decree 119/2018/ND-CP stipulating the contents of e-invoices as follows:

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.

Best Regards!