Decree 41/2022/ND-CP amending Decree 123/2020/ND-CP on invoices and documents and Decree 15/2022/ND-CP providing tax exemption and reduction policies under Resolution 43/2022/QH15

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Decree No. 41/2022/ND-CP dated June 20, 2022 of the Government amending and supplementing a number of articles of the Government’s Decree No. 123/2020/ND-CP of October 19, 2020, on invoices and documents, and the Government’s Decree No. 15/2022/ND-CP of January 28, 2022, providing tax exemption and reduction policies under the National Assembly’s Resolution No. 43/2022/QH15, on fiscal and monetary policies in support of the Program on socio-economic recovery and development
Issuing body: GovernmentEffective date:
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Official number:41/2022/ND-CPSigner:Le Minh Khai
Type:DecreeExpiry date:Updating
Issuing date:20/06/2022Effect status:
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Fields:Finance - Banking , Policy , Tax - Fee - Charge

SUMMARY

Guidelines for invoicing for VAT reduction

The Decree No. 41/2022/ND-CP amending and supplementing a number of articles of the Government's Decree No. 123/2020/ND-CP dated October 19, 2020, on invoices and documents and the Government's Decree No. 15/2022/ND-CP dated January 28, 2022, providing tax exemption and reduction policies under the National Assembly’s Resolution No. 43/2022/QH15, on fiscal and monetary policies in support of the socio-economic recovery and development program is issued on June 20, 2022 by the Government.

Accordingly, business establishments calculating VAT by the credit method are entitled to the VAT rate of 8% for the prescribed goods and services shall, when providing services subject to different tax rates, write the tax rate applicable to each good or service in the VAT invoice in accordance with regulations.

Business establishments (including also business households and individuals) calculating VAT based on percentage of their turnover are entitled to a 20%-reduction of the percentage used to calculate VAT that issue invoices for goods and services eligible for VAT reduction shall, when selling goods or providing services, write the reduced amount in the sale invoice in accordance with regulations.

According to current regulations, business establishments must make a separate invoice for the goods or services eligible for VAT reduction. In case of failure to do so, they shall not be entitled to VAT reduction for such goods or services.

This Decree takes effect on the date of its signing.

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TTXVN

THE GOVERNMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 41/2022/ND-CP

 

Hanoi, June 20, 2022

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 123/2020/ND-CP of October 19, 2020, on invoices and documents, and the Government’s Decree No. 15/2022/ND-CP of January 28, 2022, providing tax exemption and reduction policies under the National Assembly’s Resolution No. 43/2022/QH15, on fiscal and monetary policies in support of the Program on socio-economic recovery and development[1]

 

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

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

Pursuant to the National Assembly’s Resolution No. 43/2022/QH15 of January 11, 2002, on fiscal and monetary policies in support of the Program on socio-economic recovery and development;

At the proposal of the Minister of Finance;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 123/2020/ND-CP of October 19, 2020, on invoices and documents, and the Government’s Decree No. 15/2022/ND-CP of January 28, 2022, providing tax exemption and reduction policies under the National Assembly’s Resolution No. 43/2022/QH15, on fiscal and monetary policies in support of the Program on socio-economic recovery and development.

Article 1. To amend and supplement Form No. 01/TB-SSDT provided in Appendix IB to the Government’s Decree No. 123/2020/ND-CP of October 19, 2020, on invoices and documents

To promulgate together with this Decree the Notice on receipt and results of processing of issued e-invoices containing errors provided in Form No. 01/TB-HDSS to replace Form No. 01/TB-SSDT provided in Appendix IB to the Government’s Decree No. 123/2020/ND-CP of October 19, 2020, on invoices and documents.

Article 2. To amend and supplement Clause 4, Article 1 of the Government’s Decree No. 15/2022/ND-CP of January 28, 2022, providing tax exemption and reduction policies under the National Assembly’s Resolution No. 43/2022/QH15, on fiscal and monetary policies in support of the Program on socio-economic recovery and development

“4. In case a business establishment specified at Point a, Clause 2 of this Article sells goods or provides services subject to different VAT rates, the VAT rate for a separate goods or service must be stated in the value-added invoice under Clause 3 of this Article.

A business establishment specified at Point b, Clause 2 of this Article shall clearly write the reduced VAT amount for a goods or service in the goods sale invoice under Clause 3 of this Article.”

Article 3. Organization of implementation and effect

1. This Decree takes effect on the date of its signing.

From February 1, 2022, through the effective date of this Decree, business establishments that have already complied with Article 2 of this Decree will still be eligible for VAT reduction, and be neither required to modify their value-added invoices nor subject to the sanctioning of tax- and invoice-related administrative violations.

2. The Ministry of Finance shall direct and organize the implementation of this Decree.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related enterprises, organizations, business households, and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
LE MINH KHAI

* The Appendix to this Decree is not translated.


[1] Công Báo Nos 487-488 (29/6/2022)

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