Regulations on issuance of and authorization to issue receipts in Vietnam under the Decree 123/2020/ND-CP

Regulations on issuance of and authorization to issue receipts in Vietnam under the Decree 123/2020/ND-CP (Internet image) 

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

1. Rules for creation of receipts in Vietnam

Rules for creation of receipts in Vietnam according to Article 35 of Decree 123/2020/ND-CP are as follows:

- Each Provincial Department of Taxation shall place orders for printing of receipts (without pre-printed face value) which shall be then sold to collectors at prices sufficient to cover printing/issue costs.

- If ordering the printing of receipts, collectors shall select and enter into printing service contracts with qualified printing service providers.

- In case of internally-printed receipts, a collector is required to meet the following requirements:

+ It must have an equipment system (computers and printers) serving the printing and issuance of receipts when collecting fees/charges.

+ It must be an accounting unit as defined in the Law on accounting and have receipt printing software programs to ensure the transmission of receipt data to accounting software (or database) for declaration as prescribed.

The receipt printing system must comply with the following rules:

++ Receipts must be automatically numbered. Each copy of a receipt shall be printed out once. If a copy is printed out two times or more, it must be expressed as a copy.

++ The receipt printing software must ensure security by classifying users so that unauthorized persons cannot change date of the software application.

In case of purchase of receipt printing software, the collector must buy a printing software program from a qualified software supplier as prescribed.

++ Internally-printed receipts which are not yet issued shall be stored in the computer system according to regulations on information security.

++ Issued internally-printed receipts shall be stored in the computer system according to regulations on information security and in a manner that they may be accessed, extracted and printed out for reference when necessary.

2. Regulations on issuance of and authorization to issue receipts in Vietnam

Regulations on issuance of and authorization to issue receipts in Vietnam according to Article 37 of Decree 123/2020/ND-CP are as follows:

* Issuance of receipts

An issued receipt must accurately reflect the conducted economic transaction; numbers of receipts shall be issued in ascending order.

Copies of a receipt number must have the same contents.

If a receipt contains errors, the cashier shall not tear the erroneous receipt from its counterfoil. If he/she has done so, the erroneous receipt must be retained.

The collector’s seal shall be appended to copy 2 of the receipt (which will be given to the payer) at its upper left corner.

* Receipts which are made according to the provisions in Clause 1 of Article 37 of Decree 123/2020/ND-CP are legal records used for payment, accounting and financial statements.

If a receipt is not made according to the provisions in Clause 1 of Article 37 of Decree 123/2020/ND-CP, it shall be not valid for payment, accounting and financial statement.

* Authorization to issue receipts

- A collector may authorize 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 according to Form No. 02/UN-BLG in Appendix IA enclosed with Decree 123/2020/ND-CP 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.

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