Who are e-invoice information users in Vietnam?

Who are e-invoice information users in Vietnam? (Internet image) 

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

1. Who are e-invoice information users in Vietnam? 

According to Clause 2, Article 46, Decree 123/2020/ND-CP, e-invoice information users include:

- Enterprises, business entities, household or individual businesses that are providers of goods or services; buyers of goods or services;

- Regulatory authorities that use e-invoice information for competing administrative procedures as prescribed by law; verifying the legitimacy of goods sold on the market;

- Credit institutions that use e-invoice information for their completion of procedures for tax and payments via banks;

- E-invoice service providers.

- Organizations that use electronic record information for deducting PIT.

2. Rules for searching, provision and use of e-invoice information in Vietnam

Specifically, Article 44 of Decree 123/2020/ND-CP stipulates the rules for searching, provision and use of e-invoice information as follows:

- E-invoice information shall be searched for, provided and used for completing tax procedures, making payments via banks and other administrative procedures; verifying the legitimacy of goods sold on the market.

- E-invoice information must be only searched for and provided by authorized persons in an adequate and timely manner.

- The provided e-invoice information must be used for its intended purposes, serving professional operations within the functions and tasks of the information user, and in a manner that complies with regulations of the Law on protection of state secrets.

3. Form of access and use of e-invoice information on web portal in Vietnam

Pursuant to Article 47 of Decree 123/2020/ND-CP, form of access and use of e-invoice information on web portal is as follows:

- Information users, including enterprises, business entities, household or individual businesses that are sellers of goods/services, and buyers of goods/services, shall access the web portal of the General Department of Taxation for searching e-invoice information according to contents of e-invoices.

-. Information users, including regulatory authorities, credit institutions, e-invoice service providers that have signed the information exchange regulation or contracts, shall register for and be granted the right to access, connect and use e-invoice information from the General Department of Taxation as follows:

+ Apply a valid digital signature as prescribed by law;

+ Perform line coding;

+ Ensure information security as prescribed by law;

+) Meet technical requirements laid down by the General Department of Taxation, including: Information items, data format, connection method and information exchange frequency.

Information users prescribed in Clause 2 of Article 47 of Decree 123/2020/ND-CP shall assign their units or persons in charge of registering the use of e-invoice information (hereinafter referred to as “responsible applicant”) and send written notification thereof to the General Department of Taxation.

4. Regulations on termination of provision or use of e-invoice information in Vietnam

Article 50 of Decree 123/2020/ND-CP stipulates the termination of provision or use of e-invoice information as follows:

- The General Department of Taxation shall revoke the user account for accessing its web portal or cancel the provision of e-invoice information in the messaging form in the following cases:

+ The revocation or cancellation is made at the request of the responsible applicant of the information user;

+ The validity period of the user account or provision of e-invoice information in the messaging form expires;

+ The user account or telephone number has been not used for searching e-invoice information for a consecutive period of 06 months;

+ The information user is found to have not used e-invoice information for its intended purposes and serving professional operations within its functions and tasks, or have used it inconsistently with regulations of the Law on protection of state secrets.

- The General Department of Taxation shall make disconnection between the information user’s system and its web portal in the following cases:

+ The disconnection is made at the request of the responsible applicant of the information user;

+ The information user is found to have not used e-invoice information for its intended purposes and serving professional operations within its functions and tasks, or have used it inconsistently with regulations of the Law on protection of state secrets.

- At least 05 working days before the official date of termination of provision or use of e-invoice information (except cases where the termination is made at the request of the responsible applicant of the information user), the General Department of Taxation shall give a written notification of termination of provision or use of e-invoice/electronic record information to the responsible applicant of the information user, in which reasons for such termination must be specified.

Ho Quoc Tuan

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE