Decree No. 123/2020/ND-CP on invoices, records

12/11/2020 Newest Editor

On October 19th, 2020 the Government issued Decree No. 123/2020/ND-CP on E-invoices which will take effect from July 1st, 2020, there are some notable transition contents as follows:

The Decree takes effect from July 1st, 2022 and encourages organizations, agencies, individuals to use their information technology infrastructure to apply the Decree’s regulations on electronic invoices, records before July 1st, 2022.

Decree No. 51/2010/ND-CP dated May 15th, 2010, Decree No. 04/2014/ND-CP dated January 17th, 2014, Decree No. 119/2018/ND-CP dated September 12th, 2018 which takes effect to June 30th, 2022.

Deregulating Clause 2 and Clause 4 Article 35 Decree No. 119/2018/ND-CP from November 1st, 2020.

Deregulating Clause 2 Article 5 Decree No. 12/2015/ND-CP.

Notable transition articles:

Enterprises, business organizations have already announced the issuance of pre-printed, self-printed invoices or e-invoice without the tax authority’s code or have registered to apply for e-invoice without the tax authority’s code, if purchased invoices have been issued by the tax authority before the issuance date of this Decree, shall be allowed to continue using such invoices from this Decree’s issuance date to the end of June 30th, 2020.

If this Decree’s effect remains on June 30th, 2022, and in case that the tax agency notifies business establishments for conversion to apply e-invoices in accordance with the regulations in this Decree or Decree No. 119/2018/ND-CP, until then if the business establishments’ information technology infrastructure does not meet the conditions of applying e-invoices and continue using the aforementioned methods, they will have to carry out on sending bills data to the tax agency under Form No. 03/DL-HDDT in Appendix IA which is attached to this Decree and along with the VAT declaration.

For new business establishment in the period from this Decree’s issuance date to June 30th, 2022, and if the tax agency notifies business establishments to apply for e-invoices, the business establishment shall comply with the tax agency’s instructions. In case that conditions on the information technology infrastructure can not be satisfied yet, the business establishment shall continue to apply the provisions of Decree No. 51/2010/ND-CP and Decree No. 04/2014/ND-CP.