OFFICIAL LETTER NO. 348/CT-CS DATED 28 MARCH 2025 INTRODUCING SOME NEW CONTENTS SPECIFIED IN DECREE 70/2025/NĐ-CP PROVIDING AMENDMENTS TO SOME ARTICLES OF DECREE 123/2020/NĐ-CP PRESCRIBING INVOICES AND DOCUMENTS.
On 20 March 2025, the Government issued Decree No. 70/2025/NĐ-CP (“Decree 70”) providing amendments to Decree No. 123/2020/NĐ-CP (“Decree 123”) dated 19 October 2020 issued by the Government prescribing invoices and documents (effective from 01 June 2025).
Accordingly, the Tax Department issued Official Letter No. 348/CT-CS on 28 March 2025 introducing some new articles prescribed in Decree 70, specifically as below:
Decree 70 revises and amends some articles in Decree 123 regulating invoices and documents, as follows:
Information regarding taxpayers to increase transparency, give favorable conditions for taxpayers, simplify performed procedures; Some notable amendments are as below:
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Revising, amending Article 8, Decree 123 prescribing types of invoice:
Supplementing regulations on invoice types for export processing enterprises (“EPE”): EPE with other business activities (other than export processing activities) declaring value added tax by the direct method must use sales invoices, and declaring value added tax by the deduction method must use value added invoices.
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Revising, amending Clause 1, Article 9, Decree 123:
Supplementing the invoicing time for goods exporting activity (including export processing) (issuing e-commerce invoices or e-value-added invoices or e-sales invoices): determined by the seller but no later than the next working day from the date the goods are cleared
through customs according to customs regulations.
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Revising, amending Clause 2, Article 9, Decree 123:
Supplementing the invoicing time for services provided to foreign organizations and individuals as for domestic services is the time of completion of service provision regardless of whether the payment has been collected or not.
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Revising, amending Article 10, Decree 123:
Supplementing the content of the name of goods and services:
for food and beverage services, the invoice must show the food and beverage items; in the case of transportation services, the invoice must show the vehicle registration plate and itinerary (departure point - destination); for transportation businesses providing transportation services on digital platforms and e-commerce activities, the name of the transported goods, name, address, tax code or identification number of the shipper must be shown.
Specifying that in case the time of invoice issuance and the time of digital signature are different, the time of digital signature and the time of sending the tax authority to get tax authority codes or the time of sending electronic invoice data to the tax authority for electronic invoices without tax authority codes must be no later than the next working day from the time of invoice issuance (except for cases of sending data according to the summary table specified in Point a.1, Clause 3, Article 22).
The seller
declares tax according to the time of invoice issuance; the time of tax declaration for the buyer is the time of receiving the invoice ensuring correct and complete form and content according to regulations.
Registration for and suspension of use of e-invoices; Some notable amendments are as below
Revising, amending Clause 4, Article 15, Decree 123:
Clearly stipulating that in case of changing representative information, the procedure is the same as registering to use electronic invoices for the first time;
In case of changing other information on using electronic invoices, the General Department of Taxation's Electronic Information Portal will send a request for taxpayers to confirm via the email address or phone number of the representative according to the information in the tax registration dossier (point a, point b).
Adding that in case the parent company needs to exploit data of branches and affiliated units, it must notify the tax authority directly managing the parent company
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Information regarding Documents; Some notable amendments are as below
Revising, amending Clause 1, Article 32, Decree 123:
Decree 70 clearly stipulate contents of PIT withholding voucher, and receipt.
Revising, amending Article 19, Decree 123:
Supplementing regulations on handling established electronic documents according to the same principles as handling established electronic invoices as prescribed in Article 19, Decree 123.
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Responsibilities of parties that are engaged in using e-invoices; Some notable amendments are as below
Revising, amending Article 22, Decree 123:
Supplementing the sale of goods and provision of services by foreign suppliers in Vietnam, e-commerce activities, digital platform business and other services in Vietnam, transferring electronic invoice data according to the Electronic Invoice Data Summary Table to the tax authority no later than the deadline for submitting the value added tax declaration.
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Lookup, providing, using information of e-invoices; Some notable amendments are as below
Revising, amending Article 49, Decree 123: Regulations on new registration, additional registration information, and revocation of accounts accessing the Electronic Information Portal to exploit and use invoice information.
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Other articles (Definitions, responsibility for implementation, etc.).
Besides, Decree 70 eliminates eight (8) provisions in Decree 123, including:
- Clause 10, Article 3 providing definitions of ““cancellation of invoice or document” means an act of making this invoice or record become invalid”;
- Point g, Clause 4, Article 9 providing invoicing time applied for some specific cases (retailers, etc.)
- Clause 2, Article 33 providing format of an electronic PIT deduction statement
- Article 37 providing Issuance of and authorization to issue receipts;
- Clause 2, Article 50 providing that The General Department of Taxation shall make disconnection between the information user’s system and its web portal in specific cases;
- Article 51 providing deadline for provision of e-invoice information;
- Clause 3, and Clause 4, Article 52 providing Responsibilities of General Department of Taxation;
- Clause 5, Article 53 providing Responsibilities of information users.