Vietnam: A collector may authorize a third party to issue receipts

This is a notable content of the Decree No. 123/2020/NĐ-CP of Vietnam’s Government prescribing invoices and records, issued on October 19, 2020.

Tổ chức thu phí, lệ phí được phép ủy nhiệm cho bên thứ ba lập biên lai , Nghị định 123/2020/NĐ-CP

Specifically, according to Article 37 of the Decree No. 123/2020/NĐ-CP of Vietnam’s Government, authorization to issue receipts is prescribed as follows:

- A collector may authorize a third party to issue receipts. The authorization to issue receipts must be made in writing and notified to the supervisory tax authorities of the collector and authorized party according to Form No. 02/UN-BLG in Appendix IA enclosed herewith at least 03 working days before receipts are issued by the authorized party;

- The written authorization must contain adequate information about the receipt to be issued under authorization (format, type, reference number, quantity of receipts (from number…..to number….); purposes and duration of the authorization; method of delivery or installation of receipts (if they are internally printed); method of payment for receipts;

- The collector shall prepare a notification of authorization which must contain adequate information about the receipt to be issued under authorization, purposes and duration of the authorization as specified in the written authorization, and the name, signature and seal (if any) of the collector’s representative, and send it to the authorized party and send the announcement of issue of receipts to the tax authority; such notification of authorization must be posted at a noticeable place at the premises of the authorized party;

- Receipts issued under authorization must still bear the collector’s (i.e. the authorizing party’s) name and seal which is appended to each receipt on its upper left corner (if receipts are printed out from the authorized party's printer, the collector's seal is not required);

- If a collector distributes externally-printed receipts of the same reference number to its affiliated units or authorized parties which shall directly collect fees/charges, it must keep a log of distribution of receipts to each affiliated unit/authorized party. Affiliated units/ authorized parties shall use receipts distributed by the collector in ascending order;

- The collector and authorized party shall make periodic reports on receipts issued under authorization. The collector shall submit a report on use of receipts to its supervisory tax authority in accordance with regulations herein (including the quantity of receipts issued by its authorized parties). The authorized party is not required to send the announcement of receipt issue and report on use of receipts to the tax authority;

- When the authorization expires or is terminated before its expiration date, two parties must certify such termination of authorization in writing, notify it to the tax authority and post it at the location of collection of fees/charges.

View more details at the Decree No. 123/2020/NĐ-CP of Vietnam’s Government, effective from July 01, 2022.

Le Vy

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