Question 1: Are invoices converted from e-invoices valid? What are the principles of converting e-invoices to paper invoices?
Answer:
According to Article 7, Decree 123/2020/ND-CP:
- If e-invoices are converted into invoices, the invoices are only valid for recording in the books; monitoring in accordance with the law on accounting and electronic transactions. It is not valid for trading and paying, except for the case that invoices are generated from cash registers connected to electronic data transfer with tax authorities as prescribed.
- The principle when converting e-invoices to paper invoices must ensure the consistency between the contents of the e-invoice and the paper invoice after conversion. Lawful e-invoices are converted into paper invoices when there are economic and financial requirements arising or at the request of tax administration agencies, auditing, inspection, examination, and investigation agencies and in accordance with the law on inspection, examination, and investigation.
Question 2: How to determine the invoice issuance time under Decree 123/2020/ND-CP?
Answer:
According to Article 9, Decree 123/2020/ND-CP:
- Time of issuing invoices for sale of goods is the time when the ownership or right to use goods is transferred to the buyer, regardless of whether money has been collected or not.
- Time of issuing invoices for service provision is the time of completion of service provision, regardless of whether money has been collected or not. In case the service provider collects money before or while providing the service, the time of issuing invoices is the time of collection (excluding the case of collecting a deposit or an advance to ensure the performance of the supply contract of services: accounting, auditing, financial and tax consulting; valuation; survey, technical design; supervision consultancy; forming construction investment project).
- In case of multiple delivery or handover of each service item or stage, then each delivery or handover must issue an invoice for the volume and value of the delivered goods and services respectively.
Question 3: In construction activities which need time to reconcile the data between enterprise and customers, can invoices be issued after the reconciliation is completed?
Answer:
According to Clause 4, Article 9, Decree 123/2020/ND-CP, the cases, in which the service was provided in large quantities, in high frequency, and the service provider needed time to compare the data with customers, include providing direct support services for air transport, supplying aviation fuel to airlines, supplying electricity (except for those specified at point h of this clause), water, service television, postal and delivery services (including agency services, collection and payment services), telecommunications services (including value-added telecommunications services), logistics services, information technology services (except for the cases specified at point b of this clause), etc.
Construction activities are not belong to the cases in which there is a need of time to verify data, thus invoice issuance time is the time that each delivery or handover is performed. Invoices must be issued according to the volume and value of goods and services delivered.
Question 4: In case an e-invoice with a tax authority's code or an e-invoice without a tax authority's code had been sent to the buyer, what should the buyer or seller do if they detect errors?
Answer:
According to Clause 2, Article 19, Decree 123/2020/ND-CP:
- In case there is an error in the buyer's name and address, but the tax code and other contents are correct, the seller shall notify the buyer of the errors in the invoice and not have to re-invoice.
- In case there is a mistake; tax code; the amount written on the invoice, the wrong tax rate or tax amount, or the goods listed on the invoice are not of proper specification and quality, then the sellers can choose one of two methods:
1. The seller issues an e-invoice correcting the incorrect invoice. In case the seller and the buyer have agreed on making of a written agreement before issuing an invoice to adjust for the invoice already made with errors, the seller and the buyer shall make a written agreement clearly stating the error, then the seller issues an e-invoice correcting the incorrect invoice.
2. The seller shall issue a new e-invoice to replace the incorrect e-invoice unless the seller and the buyer have agreed to make a written agreement before issuing a replacement invoice for the existing invoice. The seller and the buyer make a written agreement specifying the errors, and then the seller issues an e-invoice to replace the incorrect invoice.
- For the aviation industry, the invoice for exchange and refund of air transport documents is considered as an adjusted invoice, and no need for the information of "Increase/decrease adjustment for invoice Model No... symbol... day…month…year".