I. TIME OF INVOICING
1. The time of invoicing for the sale of goods (including the sale of state assets, confiscated properties, replenishment of state funds and sale of national reserve goods) is the time when the ownership or the right to use the goods is transferred to the buyer, regardless of whether money has been collected or not.
2. Time of invoicing for service provision is the time of completion of service provision, regardless of whether money has been collected or not. In case the service provider collects money before or while providing the service, the time of invoicing is the time of collecting money (excluding the case of collection of deposits or advances to ensure the performance of contracts for the provision of services: accounting, auditing, financial and tax consulting; price appraisal; technical surveying and designing; supervision consultancy; construction investment project formulation).
3. In case of multiple delivery or handover of each service item or stage, each delivery or handover must issue an invoice for the volume and value of the delivered goods or services respectively.
4. Time of invoicing for some specific cases is as follows:
a) For cases of providing services in large quantities and arising frequently, requiring time to reconcile data between service providers and customers and partners such as providing direct support services for air transport, providing fuel supply for airlines, provision of electricity (except for those specified at Point h of this Clause), water, television services, postal services delivery (including agency services, collection and payment services), telecommunications services (including value-added telecommunications services), logistics services, information technology services (except for the case specified at Point b of this Clause) and is sold periodically, the time of invoicing is the time of completing the data reconciliation between the parties, but no later than the 7th day of the month following the month in which the supply is generated. providing services or no later than 07 days from the end of the convention period. The convention period to serve as a basis for calculating the quantity of goods and services provided is based on an agreement between the unit selling goods or providing services with the buyer.
b) For telecommunications services (including value-added telecommunications services), information technology services (including payment intermediary services used on telecommunications and information technology platforms) that need to perform the data reconciliation between service businesses, the time of invoicing is the time to complete the reconciliation of data on service charges under economic contracts between service businesses, but within 2 months from the month in which connection service charges are incurred.
In case of providing telecommunications services (including value-added telecommunications services) through selling prepaid cards, collecting roaming charges when customers register to use the service but the customers do not request VAT invoice or do not provide name, address, tax code, then at the end of each day or periodically in a month, the service business establishment shall make a general VAT invoice recording the total revenue arising from each service the buyer does not take the invoice or do not provide the name, address, tax code.
c) For construction and installation activities, the time of invoicing is the time of acceptance and handover of works, work items, completed construction and installation, regardless of whether money has been collected or not.
d) For organizations dealing in real estate, building infrastructure, building houses for sale or transfer:
d.1) In case the ownership and use rights have not been transferred: If money is collected according to the project implementation schedule or the payment schedule stated in the contract, the time of invoicing is the date of payment or according to the payment agreement in the contract.
d.2) In case the ownership and use rights have been transferred: The time of invoicing shall comply with the provisions of Clause 1 of this Article.
dd) The time for invoicing for business organizations purchasing air transport services exported through websites and e-commerce systems shall be made according to international practices within 05 consecutive days from the date the air transport service voucher is published on the website and e-commerce system.
e) For activities of prospecting, exploration, extraction and processing of crude oil: The time of invoicing for the sale of crude oil, condensate and products processed from crude oil (including the product offtake as committed by the Government) is the time when the buyer and seller determine the official selling price, regardless of whether money has been collected or not.
For the sale of natural gas, associated gas and coal gas transported by gas pipelines to the buyer, the time of invoicing is the time when the buyer and seller determine the monthly gas delivery volume, but no later than 07 consecutive days from the date the seller sends the monthly delivery notice.
If the guarantee agreement and the Government’s commitment have different provisions on the time of invoicing, the provisions of the guarantee agreement and the Government’s commitment shall apply.
g) For commercial, retail and food service business establishments following the model of a store system that sells directly to consumers but the accounting for all business activities is carried out at the head office (the head office directly signs contracts to buy and sell goods and services; invoices for sale of goods and services are issued by each store to customers via the cash register system of each store in the name of the head office), the cash register system connected to the computer has not yet met the conditions for connection of data transfer with the tax agency, each transaction of selling goods, providing food and drinks has printed payment slip for customers, the payment slip data is stored in the system and the customers do not request for e-invoices, at the end of the day, the business establishment shall base on the information from the payment slip to synthesize and issue an e-invoice for the transactions of selling goods, providing food and drinks during the day, In case the customers request to issue e-invoices, the business establishment shall issue the e-invoices and deliver it to the customers.
h) For electricity sale activities by power generation companies on the electricity market, the time of e-invoicing is determined based on the time of reconciliation of payment data between the electricity system operator and the electricity market, electricity generating unit and electricity purchasing unit according to the regulations of the Ministry of Industry and Trade or the electricity purchase and sale contract guided and approved by the Ministry of Industry and Trade, but no later than the last day of the tax declaration and payment deadline for the month in which tax obligations arise in accordance with tax laws. Particularly for electricity sale activities of power generation companies with commitments to guarantee by the Government on the time of payment, the time of e-invoicing shall be based on the Government’s guarantee, guidance and approval of the Ministry of Industry and Trade, and power purchase and sale contracts signed between electricity buyers and sellers.
i) The time of e-invoicing for the case of selling petrol and oil at retail stores to customers is the time of ending the sale of petrol and oil for each sale. The seller must ensure that the e-invoice is fully archived for the case of selling petrol and oil to customers who are non-business individuals or business individuals and ensure that they can be looked up when required by the competent authority.
k) In the case of providing air transport services and insurance services through agents, the time of invoicing is the time of completing the data reconciliation between the parties, but no later than the 10th day of the month following the month of arising.
l) In the case of providing banking services, securities, insurance, money transfer services via e-wallets, the service of stopping and re-supplying electricity of electricity distribution unit to non-business individual buyers (or business individuals) but there is no demend for invoices, at the end of the day or at the end of the month, the unit will issue a total invoice based on detailed information of each transaction arising during the day or month in the data management system of the Service providers must be responsible for the accuracy of transaction information content and provide a detailed summary of the services provided when requested by the authorities. In case a customer requests to get an invoice for each transaction, the service provider must issue an invoice to the customer.
m) For passenger transport business by taxi using billing software as prescribed by law:
– At the end of the ride, enterprises and cooperatives engaged in the business if transporting passengers by taxi using the billing software shall send information about the ride to the customer and send it to the tax office in the format of the tax authorities’ data. The information includes: the name of the transport business unit, the vehicle plate, the distance of the ride (in km) and the total amount to be paid by the passenger.
– In case customers take e-invoices, the customers shall update or send the full information (name, address, tax code) to the software or the service provider. Based on information submitted or updated by the customers, enterprises or cooperatives engaged in the business of passenger transport by taxi using billing software shall send invoices of the ride to customers and at the same time transfer invoice data to the tax authorities as prescribed in Article 22 of Decree 123/2020/ND-CP.
n) For medical establishments providing medical examination and treatment services that use software to manage medical examination and treatment and manage hospital fee, each medical examination and treatment transaction and performance of imaging, screening and testing services have printed payment receipts (collection of hospital fees or examination and test fees) and stored on the information technology system, if the customer (the person who comes for medical examination and treatment) has no need to get the invoice, at the end of the day, the medical establishment shall base on the medical examination and treatment information and the information from payment receipts to synthesize and issue an e-invoice for medical services performed during the day, in case the customer requests to issue an e-invoice, the medical establishment shall issue an e-invoice and deliver it to the customer.
o) For non-stop electronic road user service toll collection, the e-invoice date is the day the vehicle passes through the toll station. In case the customer using the road toll collection service in the electronic form without stopping has one or more vehicles using the same service many times a month, the service provider may issue e-invoices periodically, the e-invoice date is the last day of the month in which the fee collection service is generated. The content of the invoice lists in detail each turn of vehicles passing through the toll booths (including: the time the vehicle passes through the station, the price of the road use fee of each vehicle).
II. INVOICE CONTENT:
1. Invoice name, invoice serial, invoice form number. As follows:
a) Invoice name is the name of each type of invoice specified in Article 8 of Decree 123/2020/ND-CP shown on each invoice, such as: VALUE-ADDED INVOICES, VALUE-ADDED INVOICES CUM TAX REFUND DECLARATIONS, VALUE-ADDED INVOICES CUM RECEIPTS, SALES INVOICES, PUBLIC PROPERTY SALES INVOICES, STAMPS, TICKETS, CARDS, NATIONAL RESERVE SALES INVOICES.
b) The invoice serial and invoice form number shall comply with the guidance of the Ministry of Finance.
2. The name of the invoice slip, applicable to the invoice printed by the tax authority, shall comply with the guidance of the Ministry of Finance.
3. Invoice number:
a) The invoice number is the sequence number shown on the invoice when the seller issues the invoice. Invoice number shall be written in Arabic numerals with a maximum of 8 digits, starting from 1 on January 1st or the starting date to use the invoice and ending on December 31st of each year up to 99 999 999. Invoices are made in sequential order from small number to large number in the same invoice serial and invoice form number. Particularly for invoices printed by tax authorities, the invoice number is pre-printed on the invoice and the invoice buyer can use it until the end from the time of purchase.
In case a business organization has many sales establishments or many establishments can simultaneously use the same type of e-invoice with the same serial by the method of random retrieval from an e-invoicing system, the invoices shall be made in sequential order from the smallest number to the largest number according to the time the seller digitally and electronically signs the invoice.
b) In case the invoice number is not made according to the above principles, the e-invoicing system must ensure the principle of increasing over time, each invoice number must be made and used only once and has a maximum of 8 digits.
4. Seller’s name, address, tax code
The invoice must show the name, address, and tax code of the seller according to the name, address, and tax code stated in the enterprise registration certificate, branch operation registration certificate, business household registration certificate, tax registration certificate, tax code notice, investment registration certificate, cooperative registration certificate.
5. Buyer’s name, address, tax code
a) In case the buyer is a business establishment with a tax code, the buyer’s name, address, and tax code shown on the invoice must comply with the enterprise registration certificate, branch operation registration certificate, business household registration certificate, tax registration certificate, tax code notice, investment registration certificate, cooperative registration certificate.
In case the buyer’s name and address are too long, the seller’s invoice shall briefly write some common nouns such as: “Ward” to “P”; “District” to “Q”, “City” to “TP”, “Vietnam” to “VN” or “Joint Stock” to “CP”, “Limited Liability” to “TNHH”, “industrial zone” ” to “KCN”, “production” to “SX”, “Branch” to “CN”… but must ensure complete house number, street name, ward, commune, district, city, identification, able to identify the name and address of the enterprise and in accordance with the business registration and tax registration of the enterprise.
b) In case the buyer does not have a tax code, the invoice does not have to show the buyer’s tax code. In some cases of selling goods or providing specific services to individual consumers specified in Clause 14 of this Article, the invoice does not have to show the buyer’s name and address. In case of selling goods or providing services to foreign customers coming to Vietnam, the information about the buyer’s address can be replaced with information about the passport number or immigration document and nationality of the foreign customer.
6. Name, unit, quantity and unit price of goods and services; amount without value -added tax, value-added tax rate, total value-added tax amount according to each tax rate, total value-added tax, total payment with value-added tax.
a) Name, unit, quantity and unit price of goods and services
– Name of goods and services: On the invoice, the name of goods and services must be shown in Vietnamese. In case of selling goods of different categories, the name of the goods must show details for each category (for example, Samsung phones, Nokia phones, etc.). In case of goods subject to registration of the right to use and ownership, the invoice must show the typical numbers and symbols of the goods that are required by law when registering. For example: chassis number, engine number of a car, motorcycle, address, house grade, length, width, number of floors of a house…
In case it is necessary to write more foreign words, the foreign words shall be placed on the right side in parentheses ( ) or placed directly below the Vietnamese line and the font size is smaller than the Vietnamese word. In case the goods and services being traded have regulations on goods and service codes, the invoice must include both the name and code of the goods and services.
– Unit: The seller shall base on the nature and characteristics of the goods to determine the unit name of the goods shown on the invoice in terms of a unit of measurement (eg: ton, quintal, yen (10 kgs), kg, g, mg or ounce, lang (~37.8g), piece, unit, box, can, barrel, bag, package, tube, m3, m2, m…). For services, it is not necessary to have the criterion “unit” on the invoice, but the unit is determined each time the service is provided and the content of the service provided.
– Quantity of goods and services: The seller writes the quantity in Arabic numerals based on the above-mentioned units. Specific goods and services such as electricity, water, telecommunications services, information technology services, television services, postal and delivery services, banking, securities, and insurance are sold in a certain period, the invoice must specify the period of providing goods and services. For services produced by period, the list may be used to list the types of goods and services sold together with the invoice; the list is kept together with the invoice to serve the inspection and comparison of the competent authorities.
Invoices must clearly state “enclosed with list no. , dated…”. The list must contain the name, tax code and address of the seller, the name of the goods or services, the quantity, the unit price, the amount of the goods and services sold, the date of making, the name and signature of the person making the list. In case the seller pays value-added tax by the deduction method, the list must have the criteria “value-added tax rate” and “value-added tax amount”. The total payment amount is correct with the amount stated on the value-added invoice. Goods and services sold are listed on the List in the order of sale of the day. The list must clearly state “enclosed with the invoice no. , dated…”.
– Unit price of goods and services: The seller shall write down the unit price of goods and services according to the above-mentioned units. In case goods and services use a list to list sold goods and services together with the invoice, it is not necessary to have the unit price on the invoice.
b) Value-added tax rate: The value-added tax rate shown on the invoice is the value-added tax rate corresponding to each type of goods and service in accordance with the law on value-added tax.
c) The total amount without value-added tax, the total amount of value-added tax according to each tax rate, total value-added tax amount, the total payment with value-added tax are expressed in Vietnam dong in Arabic numerals, except for the case of sales in foreign currencies that are not converted into Vietnam dong, the original currency shall be expressed.
d) The total payment amount on the invoice is expressed in Vietnam dong in Arabic numerals and in Vietnamese characters, except for the case of sales of goods in foreign currencies that are not converted into Vietnam dong, the total payment amount shall be expressed in the original currency and in foreign language.
dd ) In case the business establishment applies the form of commercial discount for customers or promotion as prescribed by law, the commercial discount or promotio amountn must be clearly shown on the invoice. The determination of the value-added tax calculation price (amount without value-added tax) in the case of application of commercial discounts to customers or promotions shall comply with the provisions of the law on value-added tax.
e) In case the air transport enterprise uses the ticket issuance system established in accordance with international practices, the service fees collected on the air transport documents (system administration fees, transport document exchange fees and other fees) and the airport service fees collected by air transport enterprises (such as passenger service fees, security screening fees and other fees) stated on the invoice are the payment price with value-added tax. Airlines are not allowed to round to the thousandth for receipts on transport documents according to the regulations of the International Air Transport Association (IATA).
7. Signature of the seller, signature of the buyer, specifically:
a) For invoices printed by tax authorities, the invoice must have the signature of the seller, the seal of the seller (if any), and the signature of the buyer (if any).
b) For e-invoices:
In case the seller is an enterprise or organization, the seller’s digital signature on the invoice is the digital signature of the enterprise or organization; In case the seller is an individual, a digital signature of an individual or an authorized person shall be used.
In case e-invoices are not required to have the digital signature of the seller and the buyer, the provision of Clause 14 of this Article shall be complied with.
8. The time of invoicing complies with the instructions in Article 9 of Decree 123/2020/ND-CP and is displayed in the format of day, month and year of the calendar year.
9. Time of digital signing on e-invoices is the time when sellers and buyers use digital signatures to sign on e-invoices displayed in the format of day, month and year of the calendar year. In case the e-invoices have been issued with a different time of digital signature on the invoice, the time of tax declaration is the time of invoicing.
10. Tax authority’s code for e-invoices with tax authority’s code is specified in Clause 2, Article 3 of Decree 123/2020/ND-CP.
11. State budget fees and charges, trade discounts and promotions (if any) are specified at Point e, Clause 6 of this Article and other relevant contents (if any).
12. Name and tax code of the invoice printing organization for invoices ordered by tax authorities.
13. Words, numbers and currency shown on the invoice
a) The words displayed on the invoice are Vietnamese. In case it is necessary to write foreign words, the foreign words shall be placed on the right side in parentheses ( ) or placed directly below the Vietnamese line and the font size is smaller than the Vietnamese word. In case the words on the invoice are Vietnamese without diacritics, the words without diacritics on the invoice must ensure that it does not lead to misunderstanding of the content of the invoice.
b) The numbers displayed on the invoice are Arabic numerals: 0, 1, 2, 3, 4, 5, 6, 7, 8, 9. The seller may choose: after the thousands, million, billion, trillion, quadrillion, quintillion must put a period (.), if there is a digit after the unit digit, a comma (,) must be placed after the unit digit or use a comma (,) after the thousands, million, billion, trillion, quadrillion, quintillion, and use a period (.) after the unit digit on accounting vouchers.
c) The currency stated on the invoice is Vietnam Dong, the national symbol is “đ”.
– In case economic and financial transactions are incurred in foreign currencies according to the provisions of the law on foreign exchange, the unit price, the total amount of value added tax according to each type of tax rate, the amount, the total amount of value added tax, the total amount of payment is recorded in foreign currency, the currency unit is the foreign currency’s name. The seller also shows on the invoice the exchange rate of foreign currency to Vietnam dong at the rate prescribed by the Law on Tax Administration and its guiding documents.
– International standard foreign currency symbol code (e.g. 13,800.25 USD – Thirteen thousand eight hundred US dollars and twenty-five cents, e.g. 5,000.50 EUR- Five thousand euros and fifty cents).
– In case goods are sold in foreign currency according to the provisions of the law on foreign exchange and tax is paid in foreign currency, the total payment amount shown on the invoice is in foreign currency, and is not required to be converted into Vietnam dong.
14. Some cases of e-invoices do not necessarily have all the contents
a) The buyer’s digital signature is not required on the e-invoice (including the case of e-invoices when selling goods or providing services to overseas customers). If the buyer is a business establishment and the buyer and seller have an agreement that the buyer meets the technical conditions for digitally signing on the e-invoice made by the seller, the e-invoice shall have the digital signature of the seller and the buyer according to the agreement between the two parties.
b) For e-invoices issued by tax authorities each time they are generated, it is not necessary to have digital signatures of the seller or buyer.
c) For e-invoices sold at supermarkets and trade centers where the buyer is a non-business individual, the invoice does not have to have the buyer’s name, address, and tax code.
For e-invoices selling petrol and oil to customers who are non-business individuals, it is not necessary to have the criteria of invoice name, invoice form number, invoice serial, invoice number; buyer’s name, address, tax code, buyer’s electronic signature; digital signature, electronic signature of the seller, value-added tax rate.
d) For e-invoices which are stamps, tickets or cards, the invoice does not have to have the digital signature of the seller (except for the case where the stamps, tickets or cards are e-invoices issued with a code by the tax authorities), the buyer’s criteria (name, address, tax code), tax amount, value-added tax rate. In case stamps, tickets and electronic cards are available in face value, it is not necessary to have criteria for unit, quantity and unit price.
dd ) For air transport service electronic documents exported through websites and e-commerce systems made according to international practices for non-business individual buyers identified as e-invoices, it is not necessary to have the invoice serial, invoice form number, invoice number, value-added tax rate, tax code, the buyer’s address, and digital signature of the seller on the invoice.
In case a business organization or a non-business organization purchases air transport services, the air transport service electronic documents exported through websites and e-commerce systems and made according to international practices for individuals of business organizations, individuals of non-business organizations shall not be identified as e-invoices. Enterprises providing air transport services must issue e-invoices with full contents as prescribed and assign them to organizations and individuals using air transport services.
e) For invoices of construction and installation; house-building for sale with collection of money according to the progress of the contract, the invoice does not have to have the unit, quantity, and unit price.
g) For the delivery note cum internal transportation, on it, information related to the internal dispatch order, consignee, deliverer, warehouse location, receiving location, means of transport is shown. Specifically: the buyer’s name represents the consignee, the buyer’s address represents the receiving location; the seller’s name represents the deliverer, the seller’s address represents the warehouse location and the means of transport; does not show tax amount, tax rate, total payment amount.
For the delivery note consigned to an agent, on it, information such as the economic contract, the transporter, the means of transport, the location of the warehouse to be exported, the location of the warehouse to be received, name of goods, unit, quantity, unit price, amount is shown. Specifically: the number and date of the economic contract signed between the organization and individual; full name of the transporter, transporting contract (if any the seller’s address represents the warehouse location.
h) Invoices used for Interline payment between airlines made according to the regulations of the International Air Transport Association, the invoice does not have to have the following criteria: invoice serial, invoice form number, name, address, tax code of the buyer, digital signature of the buyer, unit, quantity, unit price.
i) If the invoice issued by the air transport enterprise to the agent is the invoice issued according to the report compared between the two parties and according to the general list, the invoice does not have to have the unit price.
k) For activities of construction, installation, production and provision of products and services of defense and security enterprises in service of national defense and security according to the Government’s regulations, the invoice does not have to have the unit; quantity; unit price; the name of the goods or services indicates the provision of goods or services under the contract signed between the parties.
15. Other content on the invoice
In addition to the instructions from Clauses 1 to 13 of this Article, businesses, organizations, business households and individuals may create additional information about their logos to represent their brands or representative images. Depending on the characteristics, nature of the transaction and management requirements, the invoice may show information about the Sales Contract, shipping order, customer code and other information.
III. INVOICES GENERATED FROM CASH REGISTERS WITH DATA TRANSFER CONNECTIONS WITH TAX AUTHORITIES
Invoices generated from cash registers connected to electronic data transfer with tax authorities ensure the following principles:
- Recognizing printed invoices from cash registers connected to electronic data transfer with tax authorities;
- No digital signature is required;
- Expenses for purchase of goods and services using invoices (or copying invoices or looking up information from the electronic portal of the General Department of Taxation on invoices) generated from cash registers are determined as expenses with sufficient legal invoices and documents when determining tax obligations.
(Pursuant to Decree 123/2020/ND-CP).