Regulations on electronic invoice database in Vietnam

Regulations on electronic invoice database in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Regulations on electronic invoice database in Vietnam

Regulations on electronic invoice database in Vietnam according to Article 93 of the Law on Tax Administration 2019 are as follows:

- Tax authorities shall organize the development and management of the database and infrastructure of the invoice information system; organize the collection and processing of information and management of the invoicing database; ensure the maintenance, operation, security and safety of the invoice information system; establish standard invoice formats.

The electronic invoice database is used to serve tax administration and provision of electronic invoice information for relevant organizations and individuals.

- The enterprises and business organizations that are mentioned in Clause 2 Article 91 of this Law and use unauthenticated electronic invoices shall provide electronic invoice data in accordance with regulations of the Minister of Finance.

- The Ministry of Industry and Trade, the Ministry of Natural Resources and Environment, the Ministry of Public Security, the Ministry of Transport, the Ministry of Health and relevant authorities shall share relevant information and data to the Ministry of Finance, which contribute to the development of the electronic invoice database.

- When inspecting goods being sold with electronic invoices, competent authorities and competent persons shall check information about the electronic invoices on the web portals of tax authorities and must not request physical invoices. Relevant authorities shall use their devices to access the electronic invoices database.

- The Minister of Finance shall provide electronic stamp templates; promulgate regulations on management of electronic stamps, access, provision and use of electronic invoice information; provision of electronic invoice information in case the online invoice database is inaccessible due to force majeure events.

2. Regulations on use of electronic invoices in sale of goods and services in Vietnam

Regulations on use of electronic invoices in sale of goods and services in Vietnam according to Article 91 of the Law on Tax Administration 2019 are as follows:

- Enterprises and business organizations shall use authenticated electronic invoices when selling their goods/services, regardless of the value of each sale, except for the cases specified in Clause 2 and Clause 4 of Article 91 of the Law on Tax Administration 2019.

- 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 may use unauthenticated electronic invoices when selling goods/services, regardless of the value of each sale, unless tax-related risks are high as prescribed by the Minister of Finance or they wish to use authenticated electronic invoices.

- The household businesses and individual businesses in the cases specified in Clause 5 Article 51 of the Law on Tax Administration 2019 and other cases of determinable revenue from sale of goods/services may use authenticated electronic invoices.

- Regarding household businesses and individual businesses that are not qualified to use authenticated electronic invoices as prescribed in Clause 1 and Clause 3 of Article 91 of the Law on Tax Administration 2019, 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.

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