05 new points in Decree 123/2020 / ND-CP

On October 19, 2020, the Government issued Decree 123/2020 / ND-CP regulating invoices and documents and would take effect from July 1, 2022. This new Decree has some new features compared to Decree 119/2018 / ND-CP. TASCO Tax Agent would like to inform you about these new points through the following article:

05 New Points About Decree 123/2020 / ND-CP Compared To Decree 119/2018 / ND-CP

** Expanding the object of applying electronic invoices

In addition to the subjects specified in Decree 119 are:

- Organizations, enterprises and individuals selling goods and providing services

- Organizations and individuals purchasing goods and services.

- Electronic invoice service provider.

- Tax administration agencies at all levels and organizations and individuals involved in the management and use of invoices.

In Decree 123, there are two more objects to use e-invoice as follows:

Organizing the collection of taxes, fees and charges

Organize printing invoices and receipts, providing receipt printing software

** Add 2 new invoice types

In addition to the 3 types of invoices specified in Decree 119:

VAT invoice

Bill of sale

Other types of invoices (electronic stamps, electronic cards, ...)

Decree 123/2020 / ND-CP adds 2 new types of invoices:

Electronic invoices sell public assets

Electronic invoices for sale of national reserves (detailed in Article 8 of Decree 123/2020 / ND-CP)

In addition, the Decree also specifies documents to be printed, issued, used and managed such as invoices, including: delivery note cum internal transport, warehouse release note sent for sale by agents.

** Clearly stipulating the prohibited acts in the field of invoices and documents

Prohibited acts are specified for 02 subjects are tax officials and organizations and individuals selling goods / services and individuals with related rights and obligations, specifically:

Prohibiting tax officers from having acts of covering up, colluding for organizations / individuals to use illegal invoices / documents; Prohibit causing difficulties / problems with organizations / individuals when buying invoices and vouchers.

Prohibiting fraudulent acts in the illegal use of invoices, obstructing tax officials from performing official duties; illegally accessing, falsifying and destroying the information system of invoices and documents; Bribery or conduct related to invoices to gain illicit profits with organizations or individuals selling goods / services and individuals with related rights and obligations.

** The time of invoicing is detailed

Decree 123/2020 / ND-CP detailing the time of making an invoice in some specific cases such as:

- In case of providing a large number of services, arising regularly, it is necessary to check data between enterprises.

- Details of real estate, construction of infrastructure ...

- In case of selling electricity by manufacturing companies

- In the case of providing air transport services and insurance services through agents

- In the case of providing banking, securities, tourism services ...

(According to Article 9 of Decree 123/2020 / ND-CP)

** Using invoices for newly established businesses

For enterprises newly established from October 19, 2020 to June 30, 2022, if they receive the notice of application of e-invoices according to the provisions of Decree 123, they must follow the instructions of the establishment. department.

If you do not meet the conditions of technological infrastructure but continue to use invoices according to the provisions of Decree 51/2010 / ND-CP and Decree 04/2014 / ND, the unit must send invoice data. to the tax authority according to Form No. 03 / DL-HDĐT Appendix IA issued together with Decree 123/2020 together with the submission of the value added tax return.

From July 1, 2022, changes to invoices and documents will be applied according to Decree 123/2020 / ND-CP. Organizational enterprises are allowed to continue using paper invoices until June 30, 2020, but only use paper invoices that have been issued before October 19, 2020 - not notified of issuance and use. using pre-printed invoices and self-printed invoices after October 19, 2020.

The early conversion of e-invoices in 2020 is always encouraged by the Government to encourage businesses across the country to enhance their competitive advantage, save costs and time in printing and transportation. bill.

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