Recently, the Government of Vietnam issued a draft decree Draft Decree on invoices and records, including provisions on the preparation and authorization of the issuance of receipts.
Vietnam: Is it permissible to authorize the issuance of receipts? (Illustrative image)
Under Clause 3, Article 39 of the Draft Decree on invoices and records, the authorization of the issuance of receipts in Vietnam is stipulated as follows:
- A collector in Vietnam 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 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 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.
More details can be found in the Draft Decree on invoices and records.
Thuy Tram
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