To: Department of Taxation of Bac Ninh province

Below is the response of the Ministry of Finance to Official Dispatch No. 1495/CTBNI-TTHT dated May 11^th 2022 of Department of Taxation of Bac Ninh province regarding electronic invoices:

Pursuant to Clause 2 Article 151 of the Law on Tax Administration No. 38/2019/QH14 dated June 13^th 2019 on the date of entry into force of this Law to electronic records and invoices;

Pursuant to Clause 1 Article 4, Article 8, Article 9 and Point c Clause 3 Article 13 of the Government’s Decree No. 123/2020/NĐ-CP dated October 19^th 2020 on invoices and records.

From July 1^st 2022, electronic invoices shall be used in accordance with Decree No. 123/2020/NĐ-CP, according to which electronic sales invoices are invoices used by organizations and individuals in free trade zones, organizations and individuals that declare and calculate VAT by employing the direct method for various activities, including export of goods and provision of services in foreign markets. The issuance of electronic invoices is meant to transfer data on revenue from export to tax authorities for management.

In the case of Samsung Electronics Vietnam Co., Ltd (SEV) and Samsung Display Vietnam Co., Ltd, which are export processing enterprises that export goods, the Ministry of Finance accepts the proposal of Department of Taxation of Bac Ninh province in Official Dispatch No. 1495/CTBNI-TTHT dated May 11^th 2022: From July 1^st 2022, when goods are exported by an export processing enterprise or by an enterprise that pays VAT employing the direct method, the electronic invoice shall be issued when the right to own or use the goods is transferred to the buyer, whether the payment of the invoiced amount is made or not, according to Clause 1 Article 9 of the Government’s Decree No. 123/2020/NĐ-CP dated October 19^th 2020.

For your information./.

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ON BEHALF OF MINISTER
PP DIRECTOR OF DIRECTOR OF GENERAL DEPARTMENT OF TAXATION
DEPUTY DIRECTOR




Vu Xuan Bach