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GENERAL DEPARTMENT OF TAXATION
  HO CHI MINH CITY
DEPARTMENT OF TAXATION
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SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No.: 2712/CTTPHCM-TTHT
Re: Electronic invoices

Ho Chi Minh City, March 24, 2021

 

To:  Lantro (Viet Nam) Company Limited
Address: 46 Phan Khiem Ich Street, Hung Gia 1 (R4) Quarter, Tan Phong Ward, District 7, Ho Chi Minh City
TIN: 0304264413

In response to your Company’s Official Dispatch No. 122020-01/CV-LT dated December 25, 2020 regarding electronic invoices (e-invoices), Ho Chi Minh City Department of Taxation hereby gives some guidelines as follows:

 Article 15 of the Government’s Decree No. 51/2010/ND-CP dated May 14, 2020 prescribing invoices for goods sales and service provision stipulates as follows:

“Article 15. Issuance of invoices

3. Date of invoice is the date on which the seller and the buyer complete procedures for transfer of the right to ownership and/or right to enjoyment of goods or services. Where the right to ownership or the right to enjoyment of goods is valid from the date of registration, the date of invoice shall be the date of delivery of goods.

Where multiple deliveries are required, or each work item or service phase is accepted, it is required to issue an invoice showing quantity, value of goods or service for each respective delivery or acceptance.

4. In case of sale of goods by phone or internet, or where goods are sold to multiple consumers, according to regulations of the Ministry of Finance, the signatures of the seller and the buyer on the issued invoice are not required.

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6. The Ministry of Finance shall elaborate the issuance of invoices in other specific cases.”

Article 59 of the Government’s Decree No. 123/2020/ND-CP dated October 19, 2020 prescribing invoices and records stipulates as follows:

“1. This Decree comes into force from July 01, 2022. Authorities, organizations and individuals that meet IT infrastructure requirements are encouraged to apply regulations on e-invoices and electronic records herein before July 01, 2022.

2. The Government’s Decree No. 51/2010/ND-CP dated May 14, 2010, the Government’s Decree No. 04/2014/ND-CP dated January 17, 2014, and the Government’s Decree No. 119/2018/ND-CP dated September 12, 2018 shall continue to be valid until June 30, 2022…”

Pursuant to the Circular No. 32/2011/TT-BTC dated March 14, 2011 of the Ministry of Finance providing guidelines for creation, issuance and use of e-invoices for goods sale and service provision:

+ Article 3 provides regulations on e-invoices as follows:

“1. E-invoice is a collection of e-data messages on the sale of goods or provision of services, and is created, issued, sent, received, stored and managed electronically. An e-invoice must have the contents specified in Article 6 of this Circular.

E-invoices shall be created, issued and processed by computers of the organization that has been issued with TIN when selling goods or providing services, and shall be stored on computers of relevant parties in accordance with regulations of the Law on e-transactions.

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3. An e-invoice shall be valid if it meets all of the following conditions:

a) The integrity of information contained in the e-invoice must be ensured from the time it is issued.

The integrity of information is considered ensured if the information is adequate and is not yet changed, except changes in its format which occur during the exchange, storage or display of the e-invoice.

b) Information contained in the e-invoice must be accessible and used in its complete format when necessary."

+ Article 6 provides regulations on contents of an e-invoice as follows:

“1. An e-invoice must have the following contents:

a) Name, reference number, form number and ordinal number of the invoice; Reference number, form number and ordinal number of the invoice shall comply with Appendix No. 1 of the Circular No. 153/2010/TT-BTC of the Ministry of Finance.

b) Name, address and TIN of the seller;

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d) Name of goods or service; unit, quantity and unit price of goods or service; amounts in figures and in words.

In addition to the unit price which excludes VAT, a VAT invoice must also include VAT rate, VAT amount payable, and total amounts payable in figures and in words.

The contents specified in Point b through d Clause 1 of this Article must correctly reflect the nature and characteristics of business lines, business activities, amounts collected, and enable the identification of the buyer (or payer/user of service, etc.), the seller (or service provider, etc.), name of goods/service or payment contents.

2. Cases where an e-invoice must not contain adequate compulsory contents shall comply with specified guidelines given by the Ministry of Finance.”

- Point a Clause 2 Article 16 stipulates the date of invoice as follows:

“Date of sales invoice is the date of transfer of the right to ownership or right to enjoyment of goods to the buyer, whether or not the payment is made.

Date of a service invoice is the date of completion of service provision, whether or not the payment is made.  Where the payment is made in advance or during the service provision, the date of invoice is the date of payment.

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In case of retailing of oil and gas to regular buyers that are business entities or provision of banking or securities services, invoice shall be periodically issued under the contract signed between two parties and enclosed with the list of supplied goods or services or other documents bearing certification of two parties, but by the last day of the month in which goods are sold or services are supplied, etc.”

1/ Pursuant to the abovementioned regulations, your Company provides installation services of network infrastructure facilities, air conditioning systems, camera systems, electrical systems and other information technology systems, so your Company is required to issue e-invoices which have adequate compulsory contents specified in Article 6 of the Circular No. 32/2011/TT-BTC to buyers for using as the basis for declaring and deducting tax, and including invoiced amounts in deductible expenses when calculating CIT as prescribed.  If an invoice that must not have adequate compulsory contents is used, it must be used in accordance with regulations of law and in a manner that ensuring that the compulsory contents of the invoice shall not be hided and obscured.

2/ In principle, an e-invoice is a collection of e-data messages on goods sale or service provision, and thus the number of lines on the invoice shall be unlimited.  Because your Company provides installation services of network infrastructure facilities, air conditioning systems, camera systems, electrical systems and other information technology systems in the form of all-inclusive contracts, in which all costs of materials and labor have been included, the issued e-invoice must have adequate and detailed information about quantity of materials which must be accessible and used in its complete format when necessary as prescribed in Clause 3 Article 3 of the Circular No. 32/2011/TT-BTC (list of materials enclosed with the e-invoice is not required).

3/ In case your Company has completed the installation of network infrastructure facilities, air conditioning systems, camera systems, electrical systems and other information technology systems, the date of invoice is the date of commissioning and acceptance of the finished works, or their items, or construction/installation amounts, whether or not the payment is made.

Your Company is requested to comply with the legislative documents referred to in this document./.

 

 

DIRECTOR




Le Duy Minh

HIỆU LỰC VĂN BẢN

Official Dispatch No. 2712/CTTPHCM-TTHT dated March 24, 2021 on Electronic invoices

  • Số hiệu: 2712/CTTPHCM-TTHT
  • Loại văn bản: Công văn
  • Ngày ban hành: 24/03/2021
  • Nơi ban hành: Cục thuế thành phố Hồ Chí Minh
  • Người ký: Lê Duy Minh
  • Ngày công báo: Đang cập nhật
  • Số công báo: Đang cập nhật
  • Ngày hiệu lực: 24/03/2021
  • Tình trạng hiệu lực: Kiểm tra
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