Intensified Deployment of Electronic Invoice Issuance for Each Petroleum Retail Sale

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A comprehensive legal basis for electronic invoice issuance in petroleum retail sales exists

In relation to the legal basis for issuing electronic invoices for each petroleum retail sale, the Ministry of Finance asserts that Article 90, Clause 1 of the Tax Administration Law No. 38/2019/QH14 dated June 13, 2019, clearly outlines the principles for creating, managing, and utilizing electronic invoices. It mandates that electronic invoices, conforming to standard data formats, must be prepared by sellers for buyers, recording comprehensive details as per tax and accounting law requirements, irrespective of the transaction value.

Additionally, Decree No. 123/2020/ND-CP, dated October 19, 2020, at point i of Clause 4 of Article 9, concerning invoices and documents, stipulates that electronic invoices for petroleum sales at retail outlets should be issued at the point of sale completion. Sellers are obligated to maintain complete electronic invoice records for sales to non-business individuals and business individuals, ensuring accessibility for audits by authoritative agencies.

The Ministry of Finance further notes that Decree No. 123/2020/ND-CP, at point c of Clause 14 of Article 10 regarding invoice contents, specifies that electronic invoices for petroleum sales to non-business individuals need not include details like invoice title, pattern symbol, invoice symbol, number; the buyer’s name, address, tax code, or their electronic signature; nor the seller’s digital or electronic signature, VAT rate.

Significantly, Decree No. 123/2020/ND-CP, at point a of Clause 3 of Article 22 clarifies the methods and timing for electronic invoice data transfer. Specifically, for petroleum sales, sellers must compile daily data from all petroleum product invoices, categorized by item, into an electronic invoice data summary table, which is to be transmitted within the same day.

Related to the issuance of electronic invoices for petroleum retail sales, Prime Minister Pham Minh Chinh recently issued Directive No. 1123/CĐ-TTg. This mandates ministries and localities to enhance electronic invoice management and utilization, contributing to the acceleration of digital transformation efforts. The Ministry of Finance, leading this initiative in collaboration with the Ministries of Industry and Trade, Science and Technology, Information and Communications, and the People's Committees of central cities and provinces, is directed to immediately implement suitable, feasible, and effective solutions for stringent oversight and inspection of electronic invoice issuance and usage, particularly in retail petroleum stores during each sale, ensuring strict adherence to legal regulations and severe penalties for non-compliance or intentional evasion.

Previously, the General Department of Taxation issued a directive regarding electronic invoice issuance for petroleum operations. Based on invoice and document regulations and the practical implementation of electronic invoices for each retail petroleum sale, the directive requires provincial and city tax departments under the Central Government to urgently enhance management, supervision, and inspections, promoting electronic invoice issuance for retail petroleum sales. Local tax departments are advised to work with provincial and city People's Committees to direct related local departments (Industry and Trade, Market Management, Customs, Police, Planning and Investment, Science and Technology, Information and Communication...) for close collaboration with the Tax Department. This is to monitor the status of electronic invoice implementation at petroleum retail outlets and to vigorously encourage stores and businesses to promptly implement solutions for issuing electronic invoices post each sale as per regulations.

There is a strict mandate to oversee the issuance and utilization of invoices, particularly for petroleum sales, detecting and rigorously penalizing any misappropriation or misuse of invoices and documents not conforming to established regulations.