Decree 23/2020/ND-CP on invoices and documents

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ATTRIBUTE

Decree No. 123/2020/ND-CP dated October 19, 2020 of the Government on invoices and documents
Issuing body: GovernmentEffective date:
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Official number:123/2020/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:19/10/2020Effect status:
Known

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Fields:Accounting - Audit , Finance - Banking , Tax - Fee - Charge

SUMMARY

To exempt from 1-year use for 2 cases of using e-invoices with the tax agency's code

On October 19, 2020, the Government promulgates the Decree No. 123/2020/ND-CP on invoices and documents.

Accordingly, 02 cases of using an e-invoice with the tax agency's code that are exempted from 12 months use, from the time of using e-invoice, including

Firstly, small- and medium-sized enterprises, cooperatives, and business households and individuals that operate in localities with difficult socio-economic conditions or extremely difficult socio-economic conditions. Localities with difficult socio-economic conditions or extremely difficult socio-economic conditions are specified in the List of geographical areas eligible for investment incentives issued together with the Government’s Decree No. 118/2015/ND-CP dated November 12, 2015.

Secondly, other small- and medium-sized enterprises that are proposed by the People’s Committees of provinces and centrally-run cities, and submitted to the Ministry of Finance, except those operating in economic zones, industrial parks or hi-tech zones.

The General Department of Taxation shall provide or entrust e-invoice service providers to provide e-invoices with the tax agency’s code free of charge for above-mentioned subjects.

In addition, enterprises, economic organizations, business households and individuals other than the above-mentioned subjects must pay service charges under contracts signed by both parties when using e-invoices with the tax agency’s code or using e-invoices without the tax agency’s code via e-invoice service providers.

This Decree takes effect on July 01, 2022.

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Effect status: Known

THE GOVERNMENT

_________

No. 123/2020/ND-CP

 

THE SOCIALIST  REPUBLIC OF VIETNAM

Independence – Freedom - Happiness

_______________________

Hanoi, October 19, 2020

 

 

DECREE

On invoices and documents

__________

 

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the Law on Tax Administration dated June 13, 2019;

Pursuant to the Law on Value-Added Tax dated June 03, 2008; the Law on Amending and Supplementing a Number of Articles of the Law on Value-Added Tax dated June 19, 2013; the Law on Amending and Supplementing a Number of Articles of the Laws on Taxes dated November 26, 2014; the Law on Amending and Supplementing a Number of Articles of the Law on Value-Added Tax, the Law on Excise Tax and the Law on Tax Administration dated April 06, 2016;

Pursuant to the Accounting Law dated November 20, 2015;

Pursuant to the Law on E-transactions dated November 29, 2005;

Pursuant to the Law on Information Technology dated June 29, 2006;

At the proposal of the Minister of Finance;

The Government hereby promulgates the Decree on invoices and documents.

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

This Decree prescribes the management and use of invoices for goods sale and service provision; the management and use of documents for carrying out procedures related to taxes, fee and charge collection; tasks, powers and responsibilities of agencies, organizations and individuals in the management and use of invoices and documents.

Article 2. Subjects of application

1. Organizations and individuals selling goods or providing services, including:

a) Enterprises established and operating under Vietnamese laws; branches and representative offices of foreign enterprises operating in Vietnam;

b) Cooperatives and cooperative unions;

c) Business households, individuals and cooperative groups;

d) Public non-business units engaged in selling goods or providing services;

dd) Organizations other than enterprises that conduct business activities.

2. Organizations and individuals purchasing goods and services.

3. Tax, charge and fee- collecting organizations.

4. Tax, charge and fee payers.

5. Personal income tax- withholding organizations.

6. Invoice and document- printing organizations; organizations providing software of self-printing documents; organizations providing electronic invoice and document services.

7. Tax agencies, including the General Department of Taxation, provincial-level Tax Departments and Tax Branches (including regional Tax Branches).

8. Customs agencies, including the General Department of Customs, provincial-level Customs Departments, the Post-Customs Clearance Inspection Department and Customs Branches.

9. Organizations and individuals involved in the management and use of invoices and documents.

Article 3. Interpretation of terms

In this Decree, the terms and phrases below are construed as follows:

1. Invoice means an accounting document which is created by an organization or individual selling goods or providing services to record information about goods sale or service provision. Invoice is represented in the form of electronic invoice or invoice printed on order by the tax agency.

2. Electronic invoice (hereinafter referred to as e-invoice) means an invoice with or without the tax agency’s code, which is represented in electronic data form, is created by an organization or individual selling goods or providing services, records information about goods sale or service provision in accordance with law provisions on accounting and tax, by using an electronic instrument. E-invoices also include those created by POS cash registers with network connection for transmission of electronic data to the tax agency, of which:

a) E-invoice with the tax agency’s code means an e-invoice that is assigned a code by the tax agency before being sent by an organization or individual selling goods or providing services to the buyer.

Tax agency’s code shown on an e-invoice consists of a transactional number which is a sole numerical series created by the tax agency's system and a chain of characters which is encoded by the tax agency based on the information provided by the seller on the invoice.

b) E-invoice without the tax agency’s code means an e-invoice that is sent by an organization selling goods or providing services to the buyer without the tax agency’s code.

3. Invoice printed on order by a tax agency means an invoice which is represented in the paper form, printed on order by the tax agency for sale to an organization or individuals that belongs to subjects and cases entitled to buy tax agencies’ invoices under Article 23 of this Decree for use when selling goods or providing services.

4. Document means a material used to record information on to-be-withheld tax amounts, collected tax, charge and fee amounts belonging to the state budget in accordance with law provisions on tax administration. Document prescribed in this Decree includes personal income tax withholding document, tax, charge or fee receipt which is represented in the electronic form or in the form of printing on order or self-printing.

5. Electronic documents (hereinafter referred to as e-documents), including types of documents and receipts as prescribed in Clause 4 of this Article, which are represented in electronic data form, are granted to the tax payer by tax- withholding organizations or tax, charge and fee- collecting organizations, by using an electronic instrument under the law on charge, fee and tax.

6. Printed-on-order and self-printed documents, including types of documents and receipts as prescribed in Clause 4 of this Article, which are represented in paper form, are printed on order by tax, charge and fee- collecting organizations or printed by themselves from computers, POS cash registers or other devices when withholding tax or collecting taxes, charges or fees in accordance with law provisions on charge, fee and tax.

7. Lawful invoice or document means an invoice or document which is correct and complete in form and content as provided in this Decree.

8. Counterfeit invoice or document means an invoice or document printed or created according to the specimen of an invoice or document already notified to be issued by another organization or individual, or printed or created with the same serial number of an invoice or document with the same symbol or forged from an e-invoice or e-document.

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