Remove problems for enterprises in using e-invoices and documents

	Use of e-invoices generated from cash registers expanded
	Anti-fraud of e-invoices changed from passive position to active one

The concept of “use of e-invoices generated from cash register” is supplemented in the revised Decree 123/2020/ND-CP. Photo: H.A

Six content groups are revised

In 2020, the Ministry of Finance issued Decree No. 123/2020/ND-CP regulating invoices and documents, aiming to apply e-invoices to enterprises, businesses organizations and individuals from July 1; encourage agencies, organizations and individuals to meet information technology infrastructure conditions to apply e-invoices before July 1, 2022.

According to the Ministry of Finance, in addition to achievements, the implementation of Decree 123 has shown obstacles that need to be supplemented and amended such as revising regulations on making e-invoices, time for making e-invoices, contents of e-invoices and handling false e-invoices to regulate transparency and facilitate tax payers; supplementing solutions to prevent and limit frauds when businesses register to use invoices and during the process of using e-invoices; completing regulations related to management and use of e-invoices and documents; supplementing regulations on the responsibilities of e-invoice service providers and responsibilities of tax officers during performance; completing regulations on searching, providing and using e-invoice; perfecting the forms in a simple and transparent manner.

Therefore, the Ministry said that the amendment and supplementation of Decree No.123/2020/ND-CP regulating invoices and documents aims to implement the Party’s policies and guidelines on building e-Government towards Digital Government and Smart Government, removing difficulties for enterprises in using e-invoices and documents, reforming administrative procedures, providing solutions to prevent origin-related frauds and in accordance with international practices.

The Ministry of Finance said that six content groups in Decrease 123 need to be revised including supplementing and amending some regulations on e-invoices to ensure transparency and facilitate tax payers and organizations in using electronic invoices, receipts and documents, and supplementing regulations on document management in business activities of casino, electronic games with prizes, and entertainment betting; supplementing regulations related to solutions to prevent and limit frauds when enterprises register and use e-invoice, supplementing regulations on responsibilities of e-invoice service providers; revising regulations on receipts and documents; regulations on searching, providing and using e-invoice information; amending and supplementing regulations related to the responsibilities of the parties in the management and use of electronic invoices and documents; revising forms and procedures.

Buyer's identification number must be stated on e-invoices

Regarding amending and supplementing regulations on e-invoice, the Ministry of Finance said that current regulations have arisen obstacles. Article 3 of Decree 123/2020/ND-CP has not yet provided regulations on the concept of “e-invoices generated from cash registers connected to electronic data transfer with tax authorities”, “cash registers connected to electronic data transfer with tax authorities”. In addition, the Ministry of Finance is in charge of instructing and supervising the tax collection for business operation of casino, electronic games with prizes, and entertainment betting, but there are no regulations on documents related to these activities.

Article 4 of Decree No. 123/2020/ND-CP stipulates the principles of creating, managing and using invoices and documents, but there are no regulations on the making invoices if the buyer returns the goods, the seller terminate or cancel the provision of services; There are not regulations on principles for creating documents to record transactions in business operation of casino, electronic games with prizes, and entertainment betting, and no specific regulations on the "Lucky bill" program.

Accordingly, the drafting agency proposed to include contents in Article 3 of Decree No. 123 such as assigning the Ministry of Finance to regulate the character range to determine the Tax authority's code on e-invoices generated from cash registers connected to electronic data transfer with tax authorities; supplementing the concept of “E-invoice with tax authority’s code generated from cash register” and “cash registers connected to electronic data transfer with tax authorities”; supplementing documents, including documents recording transaction information related to cash and conventional currencies in the activities.

The drafting agency also amended and supplemented regulations on types of e- invoices, time of invoice issuance, and invoice content. Regarding problems arising from current regulations, the Ministry of Finance said that Article 8 provides regulations e-invoice type of export processing enterprises, but the article does not regulate the use of e-invoices if the export processing enterprises have other than export processing activities.

Article 9 stipulates the time of e-invoice issuance but does not provide regulations on the time of e-invoice issuance for goods and services provided to foreign organizations and individuals... Article 10 regulates the e-invoice content but does not clearly stipulate the order number of the e- invoice if the seller uses e-invoice services from many different organizations; personal identification number stated on e-invoices; does not stipulate the content of transport business invoices, so it is difficult to control fraud...

To facilitate businesses and create transparency in the use of e-invoices, the Ministry of proposes to amend and supplement Article 8 that if enterprises in non-tariff zones have business activities other than export processing activities, it will use a VAT invoice or sales invoice depending on the tax calculation method registered with the Tax authority. The ministry also suggests revising Article 9 that the time of invoice issuance for exported goods is no more than 24 hours from the time that the Customs authority confirms the completion of customs procedures on the customs declaration. In addition, the e ministry proposes amend and supplement Article 10 that the e-invoice system must ensure the principle of increasing over time, each invoice number must be created and used only once within the same e-invoice number and symbol with a maximum of 8 digits; the invoice must show the buyer's identification number.