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Decree 119/2018 / ND-CP on electronic invoices.

According to the draft circular, enterprises that are allowed to use e-invoices without a tax code, are in the fields of: electricity; petroleum; post and telecommunication; air, road, rail, sea and water transport; clean water; credit finance; insurance; medical; e-commerce business; supermarket business; and trader, enterprises and economic organizations that have been carrying out transactions with tax authorities by electronic means, have built an information technology infrastructure, have a system of accounting software and e-invoice making software which allows the making, search and storage of electronic invoices as prescribed, and ensures the data transmission of e-invoices to buyers and tax authorities.

The draft regulates that in cases where enterprises are using electronic invoices without a tax code, committing acts of violation with the use of illegal invoices, or illegally using invoices for tax fraud and evasion, they will be subject to administrative sanction for the acts of tax fraud and evasion. In the case where the enterprise is notified by the relevant agency (State Audit, Government Inspectorate, Police and other relevant agencies described by the law) to the tax office where the enterprise is located for acts of tax fraud and evasion, the enterprise shall be forbidden to use electronic invoices without a tax code from the effective date of the sanctioning decision on acts of tax fraud and evasion.

When issuing decisions on administrative sanctions for acts of tax fraud and evasion, tax agencies shall clearly state the time when enterprises are not allowed to use e-invoices without a tax code, and must return to using e-invoices with tax codes.

In the case where enterprises, economic organizations and other organizations fall into risk cases according to the risk assessment criteria of the Ministry of Finance, the General Department of Taxation must also use electronic invoices with tax codes.

Regarding the announcement of enterprises subject to risks, according to the draft, on the 15th of every month, the director of the Tax Department shall issue a decision attaching a list of enterprises, economic organizations and other organizations that are subject to high tax risks, and accordingly, these enterprises and organizations must activate the use of e-invoices with tax codes.

Enterprises, economic organizations and other organizations subject to high tax risk, shall apply electronic invoices with codes of tax offices within 24 months of continuous operation.

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After a 24-month period, they will be converted to using electronic invoices without codes if they are determined by the tax authorities not to be subject to risk, and meet the conditions for using electronic invoices without code and propose to use electronic invoices.