The Government issued a Decree guiding invoices and documents

On October 19th, 2020, the Government issued Decree No. 123/2020/ND-CP guiding invoices and documents. The Decree includes 61 articles on management and use. invoices when selling goods or providing services; the management of dossiers when carrying out tax, charge and fee collection procedures; defines the responsibilities, powers and duties of agencies, organizations and individuals in the management and use of invoices and vouchers.

The following are important contents of invoices and documents specified in Decree 123/2020/ND-CP.

First, to expand the audience for applying electronic invoices

Article 2 of Decree 123/2020/ ND-CP the subjects of e-invoices are adding 2 new subjects:

– Organizing the collection of taxes, fees and charges.

– Organize printing invoices and vouchers; organizations providing self-printing software vouchers; organizations providing electronic invoice and voucher services.

Second, new regulations on prohibited acts in the field of invoices and documents

Article 5 of Decree 123/2020/ ND-CP details prohibited acts in the field of invoices and documents as follows:

1. For tax officials

a) Causing troubles or difficulties for organizations or individuals that come to buy invoices and vouchers;

b) Having acts of covering up or colluding with organizations or individuals to use illegal invoices and vouchers;

c) Receive a bribe when inspecting and examining invoices.

2. For organizations and individuals selling or supplying goods or services, organizations and individuals with related rights and obligations

a) Committing fraudulent acts such as using illegal invoices or using invoices illegally;

b) Obstructing tax officials from performing official duties, specifically acts of obstructing damage to the health and dignity of tax officers while inspecting and examining invoices and documents;

c) Illegally accessing, falsifying or destroying the information system of invoices and documents;

d) Bribing or committing other acts related to invoices and documents for illegal purposes.

Third, add 2 new types of invoices

According to Article 8 of Decree 123/2020/ND-CP, e-invoices are supplemented with the following two types of invoices:

1. Investment contract to sell public assets specified in Clause 3, Article 8 of Decree 123/2020/ ND-CP

2. National reserve sales e-invoices are used when agencies and units under the system of state reserve agencies sell national reserve goods according to the provisions of law specified in Clause 4, Article 8 this Decree.

Fourth, to abolish the regulation “compulsory to use e-invoices from November 1st, 2020” in Decree 119/2018/ ND-CP.

Clause 2 and Clause 4 Article 35 of Decree 119/2018/ND-CP have been annulled as prescribed in Clause 3 Article 59 of this Decree. Accordingly, instead of being required to apply e-invoices to all subjects from November 1st, 2021, the required time will be delayed to July 1st, 2022 according to a different route.

However, the Government also encourages agencies, organizations and individuals that meet the conditions for information technology infrastructure to apply regulations on electronic invoices and documents according to Decree 123/2020/ND-CP before July 1st, 2022.

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