The Decree No. 123/2020/NĐ-CP of the Government of Vietnam has solved the problem of regulations when using e-invoices. In particular, there are specific instructions for the use of e-invoices with and without the tax authority's code.
Article table of contents
According to Clause 1 Article 13 of the Decree No. 123/2020/NĐ-CP of Vietnam’s Government, entities using e-invoices shall comply with the provisions in Article 91 of the Law on Tax Administration 2019 of Vietnam. Thus, entities using e-invoices include:
- Entities using e-invoices with the tax authority's code:
+ Enterprises and business organizations shall use authenticated electronic invoices when selling their goods/services, regardless of the value of each sale; (except for the case of using e-invoices without codes or with codes for each generation)
+ Household businesses and individual businesses whose revenues and employees reach the upper limit for extra-small enterprises prescribed by regulations of law on small and medium enterprises and other cases of determinable revenue from sale of goods/services may use authenticated electronic invoices.
- Entities using e-invoices without the tax authority's code:
+ Enterprises operating in the field of electricity, oil and gas, post and telecommunications, clean water supply, credit, insurance, health, e-commerce, supermarket, commerce, air/road/rail/sea/inland waterway transport;
+ Enterprises and business organizations that have been or will conduct electronic transactions with tax authorities, develop information technology infrastructure, have software for accounting, issuance, access and storage of electronic invoices, and ensure the transmission of electronic invoice data to buyers and tax authorities.
- Regarding household businesses and individual businesses that are not qualified to use authenticated electronic invoices as prescribed in Clause 1 and Clause 3 of this Article, enterprises, business organizations and other organizations that need to provide electronic invoices for their customers, tax authorities shall issue separate authenticated electronic invoices for individual sales, provided tax is declared and paid before such electronic invoices are issued.
Thus, according to the above provisions, enterprises and business organizations shall use authenticated electronic invoices when selling their goods/services, regardless of the value of each sale or household businesses and individual businesses whose revenues and employees reach the upper limit for extra-small enterprises prescribed by regulations of law on small and medium enterprises and other cases of determinable revenue from sale of goods/services may use authenticated electronic invoices must use e-invoices without the tax authority's code.
Enterprises, economic organizations, business households and business individuals falling into the case of using e-invoices with the tax authority's code mentioned above can issue e-invoices through 2 forms as prescribed in Article 17 of the Decree No. 123/2020/NĐ-CP as follows:
- Access the website of the General Department of Taxation to make invoices;
- Through an organization that provides e-invoice services.
Note: Enterprises selling goods and providing services are responsible for sending e-invoices that have been granted tax authority's codes to buyers.
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- Decree No. 123/2020/NĐ-CP
