DOWNLOAD Word file guiding the handling errors on e-invoices
Invoices issued from November 01, 2018 to the end of October 31, 2020
Since the regulations on electronic invoices in Circular No. 32/2011/TT-BTC of the Ministry of Finance of Vietnam are still in effect, the handling of errors on e-invoices will be carried out according to the provisions stated in Article 9 of Circular No. 32/2011/TT-BTC.
“Article 9. Handling of billed e-invoices
1. When detecting errors in an e-invoice which has been billed and sent to the buyer, but the goods or service has not been delivered or the seller and buyer have not declared taxes, such e-invoice may be voided only with consent and certification of the seller and buyer. An e-invoice shall be voided according to the time agreed by involved parties. Voided e-invoices shall be stored for competent state agencies' reference.
The seller shall bill a new e-invoice under this Circular to be sent to the buyer. The new e-invoice must contain the phrase "this invoice replaces invoice number.... symbol .... sent on date... .
2. When detecting errors in an e-invoice which has been billed and sent to the buyer and the goods or service has been delivered and the seller and buyer have declared taxes, the seller and buyer shall make a written agreement with their e-signatures, clearly indicating the error, and the seller shall concurrently bill an e-invoice correcting those errors. This e-invoice must specify the increase or decrease in goods quantity, sale price, value-added tax rate and value-added tax amount from e-invoice number..., symbol... Based on this e-invoice. the seller and buyer shall make modified declarations under current laws on tax administration and invoices. A modifying invoice must not contain negative (-) figures.”
Invoices issued from November 01, 2020
From November 01, 2020, the use, management and report of use of e-invoices shall be carried out in accordance with Decree No. 119/2018/ND-CP of Vietnam’s Government and its guiding documents. Therefore, the handling of errors on e-invoices will be carried out according to the provisions stated in Article 17, which regulates the handling of invoices of e-invoices containing errors after issue of e-invoice codes, and Article 24, which regulates the handling of of the available unauthenticated e-invoices.
Article 17. Handling of e-invoices containing errors after issue of e-invoice codes
1. In case where it is discovered that authenticated e-invoices which have not been sent to buyers contain errors, sellers shall inform the tax authority by using the Form No. 04 hereto appended of cancellation of the authenticated e-invoices which have been created and contain errors, and prepare new e-invoices with digital signatures and/or electronic signatures for submission to the tax authority for its issue of new e-invoice codes in place of the previous ones before sending them out to buyers.
2. In case where it is discovered that authenticated e-invoices which have already been sent to buyers contain errors, sellers and buyers shall enter into a written agreement clearly stating errors or inform e-invoices containing errors (if these errors are caused through sellers’ fault) and sellers shall inform the tax authority by using the Form No. 04 hereto appended of cancellation of the authenticated e-invoices which have been created and contain errors, and prepare new e-invoices with digital signatures and/or electronic signatures for submission to the tax authority for its issue of new e-invoice codes in place of the previous ones before sending them out to buyers.
3. In case where the tax authority discovers that authenticated e-invoices contain errors, it shall inform sellers by using the Form No. 05 hereto appended in order for sellers to check these errors. Within duration of 02 days of receipt of the notification from the tax authority, sellers shall inform the tax authority by using the Form No. 04 hereto appended of cancellation of the authenticated e-invoices which have created and contain errors, and prepare new e-invoices with digital signatures and/or electronic signatures for submission to the tax authority for its issue of new e-invoice codes in place of the previous ones before sending them out to buyers.
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Article 24. Handling of the available unauthenticated e-invoices
1. In case where enterprises or economic organizations have created unauthenticated e-invoices which contain errors and issued them to buyers (such errors are discovered by either sellers or buyers), sellers and buyers shall enter into a written agreement clearly stating these errors, and sellers shall inform the tax authority by using the Form No. 04 hereto appended of cancellation of the e-invoices which have been created and contain errors, and prepare new e-invoices in place of the previous ones before issuing them to buyers and the tax authority.
2. In case where, after receipt of e-invoice data, the tax authority discovers that e-invoices which have been created contain errors, it shall inform sellers by using the Form No. 05 hereto appended in order for sellers to check these errors. Within duration of 02 days of receipt of the notification from the tax authority, sellers shall inform the tax authority by using the Form No. 04 hereto appended of cancellation of the unauthenticated e-invoices, and prepare new e-invoices in place of the previous ones before issuing them to buyers and the tax authority.
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Duy Thinh
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