Decree No. 123/2020/ND-CP dated October 19, 2020 of the Government on invoices and documents
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.
For further details of the Decree 123/2020/ND-CP, Click here
translation of the Official Gazette of the Vietnam News Agency
THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
Hanoi, October 19, 2020
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.
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.