Guidelines of Supreme People's Court on registration for the use of electronic invoices for selling public assets in Vietnam

Guidelines of Supreme People's Court on registration for the use of electronic invoices for selling public assets in Vietnam (Image from the Internet)

On January 24, 2025, the Supreme People's Court issued Official Dispatch 25/TANDTC-KHTC providing guidance on registering the use of electronic invoices for selling public assets.

Guidelines of Supreme People's Court on registration for the use of electronic invoices for selling public assets in Vietnam

The Supreme People's Court has requested Heads of budget units under the Supreme People's Court to direct their units and subordinate units within the management scope to urgently implement the content specified in the Official Dispatch 25/TANDTC-KHTC 2025 as follows:

- Units using public assets with a Tax Identification Number shall register and use electronic invoices for selling public assets on the General Department of Taxation's electronic portal “https://hoadondientu.gdtgov.vn” as stipulated in Decree 123/2020/ND-CP of the Government of Vietnam regarding invoices and documents.

- For units not yet granted a Tax Identification Number, they must contact the tax authority at their headquarters' location to obtain a Tax Identification Number and proceed with registering and using electronic invoices for the sale of public assets as prescribed in point 1 of Official Dispatch 25/TANDTC-KHTC 2025.

- To register the use of electronic invoices for selling public assets, units must have a digital certificate in accordance with current regulations.

Principles of creation, management, and use of invoices and documents in Vietnam

The principles of creation, management, and use of invoices and documents according to Article 4 of Decree 123/2020/ND-CP are as follows:

- When selling goods, providing services, the seller must issue an invoice to deliver to the buyer (including cases where goods and services are used for promotion, advertisement, sample goods; goods and services given as gifts, donation, exchange, payment in labor wages, and internal consumption (except for internally circulated goods for continued production)).

The goods exported in forms of lending, borrowing, or returning goods must be fully documented as required in Article 10 of Decree 123/2020/ND-CP. If using electronic invoices, they must be in the standard data format provided by the tax authority as specified in Article 12 of Decree 123/2020/ND-CP.

- When deducting personal income tax, when collecting taxes, fees, charges, tax deduction organizations, fee and charge collecting organizations, tax collecting organizations must issue tax deduction documents, tax collection receipts, fee, and charge receipts to individuals whose income is subject to tax deduction or to taxpayers, fee, and charge payers, and must fully record contents as stipulated in Article 32 of Decree 123/2020/ND-CP.

If using electronic receipts, they must follow the standard data format of the tax authority. In case individuals authorize tax finalization, no tax deduction documents are issued for personal income tax.

For individuals not under labor contracts or who are under contracts of less than 3 months, organizations and individuals paying the income can choose to issue tax deduction documents for each deduction or for multiple deductions in a tax period.

For individuals under labor contracts of 3 months or more, organizations and individuals paying the income shall issue a single tax deduction document for the individual in a tax period.

- Before using invoices and receipts, businesses, economic organizations, other organizations, households, and individual businesses, and tax, fee, charge collecting organizations must register the usage with the tax authority or notify issuance as regulated in Article 15, Article 34, and paragraph 1 Article 36 of Decree 123/2020/ND-CP.

For invoices and receipts printed by the tax authority, the tax authority shall notify issuance according to paragraph 3 Article 24 and paragraph 2 Article 36 of Decree 123/2020/ND-CP.

- Organizations, households, individual businesses must report the usage of tax authority-purchased invoices, report the usage of printed or self-printed receipts, or receipts purchased from the tax authority as specified in Article 29, Article 38 of Decree 123/2020/ND-CP.

- The registration, management, and use of electronic invoices and electronic documents must comply with the laws on electronic transactions, accounting, tax, tax management, and the provisions of Decree 123/2020/ND-CP.

- Invoice and document data when selling goods, providing services, transaction data when paying taxes, tax deduction, and paying taxes, fees, and charges serve as a database for tax management and provide information on invoices and documents to related organizations and individuals.

- Sellers of goods, providers of services being businesses, economic organizations, and other authorized entities can delegate third parties to issue electronic invoices for the sale of goods, provision of services. The invoice authorized to the third party must still reflect the name of the selling unit as the authorizing party.

The authorization must be documented in writing between the authorizing and the authorized parties, showing all necessary invoice information (purpose, term, payment method for the authorized invoice) and must notify the tax authority when registering the use of electronic invoices.

In case electronic invoices authorized are not coded by the tax authority, the authorizing party must transfer electronic invoice data to the tax authority through a service provider. The Ministry of Finance shall provide specific guidance on this matter.

- Organizations collecting fees and charges can authorize a third party to issue receipts for fees and charges. Receipts authorized to the third party must still bear the name of the fee and charge collecting organization as the authorizing party.

The authorization must be documented in writing between the authorizing and the authorized parties, showing all necessary receipt information (purpose, term, payment method for the authorized receipt) and must notify the tax authority when notifying the issuance of receipts.

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