Circular 78 guiding the Law on Tax Administration and Decree 123 on invoices & documents

On 17 September 2021, the Ministry of Finance issued Circular 78/2021/TT-BTC (“Circular 78”) guiding the implementation of a number of articles of the Law on Tax Administration and the Government’s Decree 123/2020/ND-CP (“Decree 123”) on invoices and documents.

There are some notable points as follows:

  • The seller is only allowed to authorize an affiliated who is eligible to implement E-invoices is not suspended from the use of e-invoices in accordance with the regulations to issue E-invoice on behalf.
  • Circular 78 also promulgates detailed instructions on symbol number, serial number of the invoice and name of invoice’s copy; guidance for correction of the issued E-invoices or correction of the transmitted data of E-invoices to tax authority; guidance for implementing E-invoices which are generated from cash register with data linked with tax authority’s data.
  • Providing guidance for the case taxpayers who are using e-invoices without verification code but would like to use e-invoices with verification code of the tax authority.
  • Providing the conditions of E-invoice services suppliers.
  • If taxpayers implement E-invoices as per the guidance of Decree 123 and would like to correct the issued invoice as per the old regulation, the new E-invoice must specify the detail of replaced invoice.

Similar to Decree 123, Circular shall take effective from 01 July 2022.

In order to implement Circular 78 quickly and effectively, the Ministry of Finance issued Official Letter 10847/BTC-TCT on 20 September 2021 on pilot implementation of e-invoices in some provinces. Accordingly, phase 1 will be implemented from November 2021, taking place in 6 cities and provinces including: Hanoi, Ho Chi Minh City, Hai Phong, Phu Tho, Quang Ninh, and Binh Dinh. Phase 2 will be implemented from April 2022. The tax authorities will determine and inform the taxpayers who are subject to the pilot program.

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Documents

[ENG] Mazars Tax alert - Circular 78 guiding the Law on Tax Administration, Decree 123 on invoices & documents
[ENG] Mazars Tax alert - Circular 78 guiding the Law on Tax Administration, Decree 123 on invoices & documents
[VIE] Mazars Việt Nam - Tin thuế - Thông tư 78 hướng dẫn thực hiện Luật Quản lý thuế và NĐ 123 về hóa đơn, chứng từ
[VIE] Mazars Việt Nam - Tin thuế - Thông tư 78 hướng dẫn thực hiện Luật Quản lý thuế và NĐ 123 về hóa đơn, chứng từ