Vietnam: Handling of printed invoices purchased from tax authorities but lost, burnt or damaged

Specifically, according to Article 28 of the Decree No. 123/2020/NĐ-CP of Vietnam’s Government, enterprises, business entities, household or individual businesses shall make reports on any lost, burnt or damaged invoices, whether they are issued or not, and notify them to their supervisory tax authorities, using Form No. BC21/HDG in Appendix IA enclosed herewith, within 05 working days from the occurrence of such loss, burning or damage. If the deadline (i.e. 05th day) falls on the day off as prescribed by law, the deadline shall be the day following that day off.

If the copy 2 of an invoice which has been properly issued is lost, burnt or damaged by either the seller or buyer, the seller and buyer shall make a record of such loss, burning or damage, which specifies the month in which the seller uses copy 1 of the invoice for tax declaration, append signatures and full names of their legal representatives (or their authorized persons), and seals (if any) to that record. Then, the seller shall make a photocopy of copy 1 of the invoice, which bears the signature of the seller’s legal representative and seal, and send it to the buyer. The buyer may use the photocopy bearing the seller’s signature and seal (if any) and the record of the lost, burnt, or damaged copy 2 as evidencing documents for bookkeeping and tax declaration. The buyer and the seller are responsible for the accuracy of the loss, burning or damage to the invoice.

If the loss, burning or damage to copy 2 of the invoice is related to a third party (e.g. a goods deliverer or invoice deliverer), responsibility shall be attributed depending on whether the third party is hired by the buyer or the seller.

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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