Are invoices issued to the grassroots union without a TIN valid in Vietnam?
Are invoices issued to the grassroots union without a TIN valid in Vietnam? In which cases are e-invoices for grassroots unions not necessarily full of contents in Vietnam?
Please ask, the grassroots union of a company has purchased goods from party E and requested to issue a VAT invoice, the name of the unit is shown on the invoice: COMPANY BASIS UNION....., address:..., the TIN section is left blank. So can I ask if the TIN section is blank like that?
Are invoices issued to the grassroots union without a TIN valid in Vietnam?
Pursuant to Clause 5, Article 10 of Decree 123/2020/ND-CP stipulating the buyer’s name, address and TIN in the contents of the invoice as follows:
a) 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.
b) 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 of this Article, 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.
According to this Article, if the buyer is a grassroots union without a TIN in Vietnam, the invoice does not have to show the TIN, so the TIN part can be left blank in your case.
In which cases are e-invoices for grassroots unions not necessarily full of contents in Vietnam?
According to Clause 14, Article 10 of Decree 123/2020/ND-CP, some cases of e-invoices do not necessarily have the following contents:
14. 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 e-invoice issued by the seller, the invoice shall bear the buyer’s and the seller’s digital or electronic signatures as agreed.
b) E-invoices separately issued by tax authorities do not necessarily bear the buyer’s and the seller’s digital signatures.
c) The e-invoice issued by a supermarket or shopping mall to a non-business buyer does not necessarily bear the buyer’s name, address and TIN.
E-invoices for sale of oil and gas to non-business individuals do not necessarily bear the name, form number, reference number, and number of the invoice; the buyer’s name, address, TIN, electronic signature; the seller’s digital or electronic signature; VAT rate.
d) E-invoices in the form of stamps, tickets or cards do not necessarily contain the seller’s digital signature (except for those authenticated by tax authorities), the buyer’s information (name, address and TIN), VAT rate and VAT amount. Pre-priced electronic stamps, tickets and cards do not necessarily 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 practices do not necessarily bear the reference number, form number and number of the invoice, VAT rate, the buyer’s TIN and address, and the seller’s digital 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 practices are not considered e-invoices. Airliners shall issue e-invoices with sufficient information and provide them for their buyers.
e) Invoices for construction and installation, or construction of houses for sale under installment plans do not necessarily bear the unit, quantity and unit price.
g) Delivery and internal transfer note shall bear information on the internal transfer order, recipient’s name, deliverer’s name, sending address, receiving address, and vehicle. To be specific: the buyer’s name is the recipient’s name and the buyer’s address is receiving address; the seller’s name is the deliverer’s name and the seller’s address is sending address and vehicle; tax rate, tax amount and total amount payable are not required.
Delivery notes for goods sent to sales agents shall specify information on the economic contract, deliverer, vehicle, sending address, receiving address, name of goods/products, unit, quantity, unit price and amounts. To be specific: number and date of the signed economic contract; deliverer’s full name, delivery contract (if any), and the seller’s address which is the sending address.
h) Invoices for interline payment between airliners issued in accordance with regulations of the International Air Transport Association (IATA) do not necessarily have the reference number and form number of the invoice, the buyer’s name, address, TIN and electronic signature, unit, quantity, unit price.
i) Invoices issued by an airline to its agents according to reports verified by two parties and general statements do not necessarily contain the unit price.
k) Invoices for construction, installation, production or provision of products/services of enterprises servicing national defense and security in accordance with the Government's regulations do not necessarily bear the unit, quantity and unit price, and shall have the goods/services provided under the signed contracts written at the columns of name of goods/services.
Thus, e-invoices do not necessarily have all the contents in some of the above cases in Vietnam.
Best Regards!