How do businesses register to use electronic invoices is a legal issue that should be reviewed carefully before taking action in practice. This article is structured by ANT Legal in a practical and accessible way, helping individuals and businesses understand the main issues, common risks and appropriate solutions.
Conditions for businesses to register to use electronic invoices
Pursuant to Article 15 of Decree 123/2020/ND-CP (effective from July 1, 2022) stipulates on registration, changing the content of registration to use electronic invoices, in which:
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Registration to use electronic invoices is regulated as follows:
– Enterprises, economic organizations, other organizations, business households and individuals not subject to stopping the use of invoices as prescribed in Clause 1, Article 16 of this Decree register to use electronic invoices (including registration of electronic invoices for sale of public assets, electronic invoices for sale of national reserve goods) through organizations providing electronic invoice services.
In case of using electronic invoices with the tax authority’s code without having to pay for the service, you can register to use electronic invoices through the Electronic Information Portal of the General Department of Taxation or an electronic invoice service provider authorized by the General Department of Taxation to provide electronic invoice services with the tax authority’s code without having to pay for the service.
In case an enterprise is a connecting organization that transfers electronic invoice data by sending it directly to the tax authority, then register to use electronic invoices through the Electronic Information Portal of the General Department of Taxation.
The content of registration information is according to Form No. 01/DKTD-HDDT, Appendix IA issued with this Decree.
The electronic information portal of the General Department of Taxation sends electronic notices about receiving registration to use electronic invoices through electronic invoice service providers in cases where businesses, economic organizations, other organizations, business households and individuals register to use electronic invoices through electronic invoice service providers.
The General Department of Taxation’s electronic information portal sends electronic notices directly according to Form No. 01/TB-TNDT, Appendix IB on receiving registration to use electronic invoices for businesses, economic organizations, other organizations, business households and individuals via email addresses registered with the tax authority in cases where businesses, economic organizations, other organizations, business households and individuals register to use electronic invoices directly at the General Department’s electronic information portal. Tax.
– Within 01 working day from the date of receiving registration to use electronic invoices, the tax authority is responsible for sending an electronic notice according to Form No. 01/TB-DKDT Appendix IB issued with this Decree via an organization providing electronic invoice services or sending an electronic notice directly to enterprises, economic organizations, other organizations, business households and individuals about accepting or not accepting registration to use electronic invoices.In cases where businesses and economic organizations register to transfer electronic invoice data by sending it directly to the tax authority according to the provisions of Point b1, Clause 3, Article 22 of this Decree, the tax authority issues a notice accepting registration to use electronic invoices according to Form No. 01/TB-DKDT Appendix IB but has not yet coordinated with the General Department of Taxation on technical infrastructure configuration, connection testing, data transmission and reception, then within 05 days at the latest. Working from the date the tax authority sends a notice according to Form No. 01/TB-DKDT Appendix IB, the organization needs to prepare sufficient technical infrastructure conditions and notify the General Department of Taxation to coordinate the connection. Implementation time is 10 working days from the date the General Department of Taxation receives the request from the enterprise or organization. In case the connection and data transmission and reception test results are successful, the enterprise or organization shall send electronic invoice data directly to the tax authority according to the provisions of Article 22 of this Decree. In case after 05 working days from the date the tax authority sends a notice according to Form 01/TB-DKDT Appendix IB, the enterprise or organization does not notify the General Department of Taxation to coordinate the connection or the connection test results, data transmission and reception are unsuccessful, the enterprise or organization changes its registration to use electronic invoices according to Form No. 01/DKTD-HDDT Appendix IA issued with this Decree and transfers data via Organize connection, receive, transmit and store electronic invoice data with tax authorities.
– From the time the tax authority accepts registration to use electronic invoices according to the provisions of this Decree, enterprises, economic organizations, other organizations, business households and individuals must stop using electronic invoices that have been announced for issuance according to previous regulations, and destroy paper invoices that have been announced to be issued but have not been used (if any). The order and procedures for destruction comply with the provisions of Article 27 of this Decree.
Note: In case there is a change to the information registered to use electronic invoices in Clause 1 of this Article, enterprises, economic organizations, other organizations, business households and individuals shall change the information and send it back to the tax authority according to Form No. 01/DKTD-HDDT Appendix IA issued with this Decree via the Electronic Information Portal of the General Department of Taxation or through the organization providing electronic invoice services, except for cases of stopping the use of electronic invoices as prescribed in Clause 1 of this Article. Clause 1, Article 16 of this Decree. The electronic information portal of the General Department of Taxation receives the information change registration form and the Tax Authority implements it according to the provisions of Clause 2 of this Article.
– On a monthly basis, the directly managing tax agency reviews subjects using electronic invoices with the tax authority’s code without having to pay for the service and sends notices according to Form No. 01/TB-KTT Appendix IB issued with this Decree to the subjects to notify them of the switch to using electronic invoices with the tax authority’s code through the organization providing electronic invoice services and make changes. Information on the use of electronic invoices with tax authority codes as prescribed in Clause 4 of this Article.
For cases of applying electronic invoices without a tax authority’s code, periodically the directly managing tax authority shall review and notify according to Form No. 01/TB-KTT Appendix IB issued with this Decree if they are subject to switching to using electronic invoices with a tax authority’s code to register to use electronic invoices with a tax authority’s code according to the instructions in this Article.
Do businesses use electronic invoices with code or without code?
In Clause 2, Article 3, Decree 123/2020/ND-CP (effective from July 1, 2022) stipulates as follows:
An electronic invoice is an invoice with or without a code from the tax authority expressed in the form of electronic data issued by organizations and individuals selling goods or providing services by electronic means to record information about selling goods and providing services in accordance with the provisions of law on accounting and tax law, including cases where the invoice is created from a cash register with an electronic data transfer connection with the tax authority, in which:
– An electronic invoice with a tax authority code is an electronic invoice that is issued a code by the tax authority before an organization or individual selling goods or providing services sends it to the buyer.
The tax authority’s code on the electronic invoice includes the transaction number, a unique series of numbers generated by the tax authority’s system, and a string of characters encoded by the tax authority based on the seller’s information on the invoice.
– An electronic invoice without a tax authority code is an electronic invoice sent by an organization selling goods or providing services to a buyer without a tax authority code.
Pursuant to Article 91 of the Law on Tax Administration 2019, it is stipulated as follows:
– Enterprises and economic organizations use electronic invoices with tax authority codes when selling goods or providing services, regardless of the value of each sale of goods or service provision, except for the cases specified in Clauses 2 and 4 of this Article.
– Enterprises doing business in the fields of electricity, petroleum, post and telecommunications, clean water, finance and credit, insurance, healthcare, e-commerce business, supermarket business, trade, air transport, road, rail, sea, waterway and businesses and economic organizations that have or will make transactions with tax authorities by electronic means, build information technology infrastructure, have accounting software systems, electronic invoicing software to meet the requirements of creating, Looking up electronic invoices, storing electronic invoice data according to regulations and ensuring the transmission of electronic invoice data to the buyer and to the tax authority, you are allowed to use electronic invoices without the tax authority’s code when selling goods or providing services, regardless of the value of each sale of goods or service provision, except in cases of high tax risk according to the regulations of the Minister of Finance and in the case of registering to use electronic invoices with the tax authority’s code.- Business households and individual businesses falling into the cases specified in Clause 5, Article 51 of this Law and cases where revenue can be determined when selling goods and services using electronic invoices with tax authority codes when selling goods and providing services.
– Business households and individual businesses that do not meet the conditions to use electronic invoices with tax authorities’ codes specified in Clauses 1 and 3 of this Article but need invoices to deliver to customers or in cases where businesses, economic organizations, or other organizations are accepted by tax authorities to issue electronic invoices to deliver to customers, will be issued electronic invoices with codes by the tax authority for each time they arise and must declare and pay taxes before the tax authority issues electronic invoices each time. arise.
Thus, for businesses using electronic invoices with or without code, it depends on the tax authority to classify your type of business into the category of electronic invoices with code or without code.
How are electronic invoices preserved and stored?
According to Article 6 of Decree 123/2020/ND-CP (effective from July 1, 2022) regulating the preservation and storage of invoices and documents, specifically:
“Article 6. Preservation and storage of invoices invoices and documents
1. Invoices and documents are preserved and stored to ensure:
a) Safety, security, integrity, completeness, no changes or deviations during the storage period;
b) Stored correctly and for a sufficient period according to the provisions of accounting law.
2 Electronic invoices and electronic documents are preserved and stored by electronic means. Agencies, organizations and individuals have the right to choose and apply the form of preserving and storing electronic invoices and documents in accordance with the characteristics of operations and the ability to apply technology. Electronic invoices and electronic documents must be ready to be printed on paper or searched upon request.
3 printed and self-printed documents must be preserved and stored in accordance with the following requirements:
a) Invoices and documents that have not yet been prepared must be stored and preserved in the warehouse according to the storage and preservation regime for valuable documents.
b) Invoices and documents that have been prepared in accounting units are stored according to regulations on archiving and preserving accounting documents.
c) Invoices and documents Words created in organizations, households, and individuals that are not accounting units are stored and preserved as the private property of that organization, household, or individual.”
Thus, electronic invoices will be preserved and stored electronically. Agencies, organizations and individuals have the right to choose or apply a form of electronic invoice preservation or storage suitable to their operational characteristics as well as their ability to apply technology. Businesses also need to note that if required, they must be ready to print it out or look it up.
Note on Applying Current Legal Regulations
This article belongs to the Business & M&A group and is presented for reference purposes, helping readers understand the legal issue at an overview level before preparing a dossier or carrying out a transaction.
Legal regulations may vary depending on the timing, locality, type of dossier and specific circumstances. If you need to determine the exact legal basis applicable to your case, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.
Common Legal Risks to Note
- Applying legal instruments that have been amended, supplemented or replaced.
- Preparing an incomplete set of documents, materials or necessary evidence.
- Misunderstanding the conditions, procedure, timeline or competent authority.
- Signing, submitting a dossier or carrying out a transaction before fully assessing legal risks.
How Can ANT Legal Support You?
ANT Legal can review the specific circumstances, examine the dossier, identify the applicable legal basis, advise on an appropriate handling plan and represent clients in working with individuals, organizations or competent authorities where necessary.
For prompt advice, you may contact a lawyer at 0966.475.966.
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