Legal Counselling

To require petroleum business units to issue electronic invoices for each sale in Vietnam

Trần Thanh Rin

12:07, 04/12/2023

Has the Prime Minister asked petroleum businesses to issue e-invoices for each sale in Vietnam? – Viet Nam (Ninh Thuan)

To require petroleum business units to issue electronic invoices for each sale in Vietnam

To require petroleum business units to issue e-invoices for each sale in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On December 1, 2023, the Prime Minister issued Official Telegram 1284/CD-TTg 2023 on strengthening the management and use of electronic invoices for petroleum business and retail activities.

To require petroleum business units to issue electronic invoices for each sale in Vietnam

Specifically, the Prime Minister requested that the Minister of Finance drastically direct tax authorities at all levels to continue promoting and diversifying propaganda measures and solutions to help taxpayers, stores, and petroleum businesses regulate the issuance of electronic invoices for each sale in Decree 123/2020/ND-CP regulating invoices and documents.

At the same time, carrying out the following:

- Chair and coordinate with the Minister of Industry and Trade, Minister of Science and Technology, Minister of Information and Communications, Minister of Public Security, and Chairman of the People's Committees of provinces and centrally-run cities to immediately deploy synchronous, effective, and drastic solutions to require petroleum business units to issue electronic invoices; follow each sale at gasoline retail stores and connect data with tax authorities according to regulations; Completed in December 2023.

- Preside and coordinate with the Minister of Public Security, the Minister of Information and Communications, and relevant agencies to build and perfect the information technology system for electronic invoices, ensure the receipt and connection of electronic invoice information by tax authorities is smooth and convenient, and contribute to improving the efficiency of tax management; completed no later than the first quarter of 2024.

- Direct the tax authority to coordinate with the police and other relevant agencies to strengthen inspection and examination of electronic invoicing at petrol and oil stores, ensuring compliance with legal regulations. Strict legal penalties will be imposed if you do not comply or intentionally do not comply.

“invoice” means an accounting record which is created by a goods seller or service provider to record information about the sale of goods or service provision. Invoices are represented in the electronic form or are printed according to orders placed by tax authorities.

“e-invoice” means an invoice, with or without the tax authority’s authentication code, in the form of electronic data, issued by the goods seller or service provider by using electronic instruments to record information on the sale of goods or service provision in accordance with regulations of the Law on accounting and the Law on taxation, including the invoices generated by POS cash registers that are digitally connected to tax authorities. To be specific:

- “authenticated e-invoice” means an e-invoice that is granted an authentication code by the tax authority before it is sent to the buyer by the goods seller or service provider.

The authentication code on an e-invoice is a unique serial number generated by the tax authority’s system and a series of characters encoded by the tax authority based on the information specified by the seller on the invoice.

- “unauthenticated e-invoice” means an e-invoice that is sent to the buyer by the goods seller or service provider without the tax authority’s authentication code.

(Clause 1, 2, Article 3 of Decree 123/2020/ND-CP)

More details can be found in Official Telegram 1284/CD-TTg dated December 1, 2023.

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