Notification 37/2017/TT-BTC regulations on invoice issuance

Notification 37/2017/TT-BTC announced by the Ministry of Finance on April 27, 2017: Amendments and supplements to Notification 39/2014/TT-BTC on printed invoices and automatic invoice issuance…

Ministry of Finance——Socialist Republic of Vietnam Independence – Freedom – Happiness ————— No: 37/2017/TT-BTC Hanoi, April 27, 2017

Notification

Amendments and supplements to Notification 39/2014/TT-BTC announced on March 31, 2014, and Notification 26/2015/TT-BTC announced on February 27, 2015

According to the amendments and supplements to some provisions of the Tax Administration Law No. 78/2006/QH11 dated November 29, 2006, and the Tax Administration Law No. 21/2012/QH13 dated November 20, 2012;

According to the Accounting Law No. 88/2015/QH11 dated November 20, 2015;

According to the amendments and supplements to some provisions of the Value Added Tax Law No. 13/2008/QH12 dated June 3, 2008, and the Value Added Tax Law No. 31/2013/QH13 dated June 19, 2013;

According to the Electronic Transactions Law No. 51/2005/QH11 dated November 29, 2005;

According to the Government's Decree No. 51/2010/NĐ-CP dated May 14, 2010, on the regulations of invoices for goods sales and service provision; Decree No. 04/2014/NĐ-CP dated January 17, 2014, amends and supplements some provisions of Decree No. 51/2010/NĐ-CP dated May 14, 2010;

According to the Decree No. 215/2013/NĐ-CP dated December 23, 2013, on the functions, tasks, powers, and organizational structure of the Ministry of Finance;

According to Resolution No. 19-2017/NQ-CP dated February 6, 2011, to continuously implement the main tasks and solutions of the 2017 plan to improve the business environment and enhance national competitiveness by 2020.

Based on the proposal of the General Director of Taxation,

The Minister of Finance announces the amendments and supplements to some provisions of the notification on invoice sales and service provision as follows:

Article 1. Amendments and supplements to some provisions of Notification 39/2014/TT-BTC (amended and supplemented according to Notification No. 119/2014/TT-BTC dated August 25, 2014, and Notification No. 26/2015/TT-BTC dated February 27, 2015) are as follows:

1. The last item of Clause 1, Article 6 states:

“Submit a written application for the use of automatic invoices (Form 3.14 in Appendix 3 of this notification) and have it verified by the directly managing tax authority for compliance. After receiving the written application from the enterprise, the directly managing tax authority must issue an opinion on the conditions for the enterprise's use of automatic invoices within 2 working days (Form 3.15 in Appendix 3 of this notification).

If the directly managing tax authority does not provide a written opinion within 2 working days, the enterprise may use automatic invoices. The head of the tax authority is responsible for not providing a timely written response to the enterprise.”

1. The last item of Clause 1, Article 8 states:

“Within 2 working days after receiving the application from the organization or enterprise, the directly managing tax authority must notify the status of the use of printed invoices (Form 3.15 in Appendix 3 of this notification).

If the directly managing tax authority does not provide a written opinion within 2 working days, the enterprise may use printed invoices. The head of the tax authority is responsible for not providing a timely written response to the enterprise.”

1. The content of Clause 4, Article 9 is as follows:

“4. The notification of invoice issuance and the form of invoices must be sent to the directly managing tax authority at least 2 days before the commercial organization starts using the invoices. The notification of invoice issuance must include the form of invoices and must be clearly posted at the place of sale of all goods and services using invoices, and the tax authority must guide how to handle cases where the termination period of the printed invoice contract is not specified when the notification of invoice issuance is submitted, without being penalized.

If the content and form do not change in the second and subsequent notifications of invoice issuance, it is not necessary to attach the form of invoices.

If the organization jointly uses the form of invoices with its subsidiaries or branches, each subsidiary or branch must send the notification of invoice issuance to the directly managing tax authority. If the organization jointly uses the form of invoices with its subsidiaries or branches and the organization declares VAT on behalf of the subsidiaries or branches, the subsidiaries or branches do not need to send the notification of invoice issuance.

The General Department of Taxation must establish an invoice information data system based on the invoice issuance content of the organization so that organizations and individuals can look up the issued invoice content on the electronic information website of the General Department of Taxation.

When receiving the notification of invoice issuance sent by the organization, if the tax authority finds that the content of the notification does not comply with the regulations, within 2 working days after receiving the notification, the tax authority must notify the organization in writing. The organization is responsible for adjusting to issue a new notification.”

1. The content of Clause 2, Article 12 is as follows:

“b) Responsibilities of the tax authority

The tax authority sells invoices to organizations, households, and individuals every month.

The quantity of invoices sold for the first time to organizations, households, and individuals must not exceed 50 copies for each type of invoice. If the invoices purchased for the first time are exhausted within a month, the tax authority will determine the quantity of invoices for the next sale based on the time and quantity used.

For subsequent purchases of invoices, the tax authority sells invoices to organizations, households, and individuals on the same day according to the request of the invoice purchase application, and the quantity of invoices sold must not exceed the quantity of invoices used in the previous month.

If households or individuals do not need to use a complete book of invoices and only need a single invoice, the tax authority may sell a single invoice (No. 01) depending on the situation, and no fee will be charged.

If an organization or enterprise that has purchased invoices issued by the tax authority switches to using self-printed invoices, automatic invoices, or electronic invoices, it must stop using the invoices purchased from the tax authority starting from the day it begins using self-printed invoices, and specific guidance can be found in Article 21 of this notification.”

Article 2. Implementation Effect

1. This notification takes effect from June 12, 2017.
2. During the implementation process, if there are any questions, each organization or individual should promptly provide feedback to the Ministry of Finance for research and resolution. /.

Receiving agencies: – Central Office and each political party; – National Assembly Office; – Office of the President; – Office of the General Secretary; – Supreme People's Procuracy; – Supreme People's Court; – State Audit Office; – Each ministry, parallel agencies, government subordinate agencies; – Each central agency of organizations; – People's Committees of each province and city, Finance Departments, Tax Departments, State Treasuries; – Publicity; – Legal Document Inspection Department (Ministry of Justice); – Government website; – Ministry of Finance website; Tax Department website; – Agencies under the Ministry of Finance; – Archive: VT, TCT (VT, CS). Deputy Minister of Finance Đỗ Hoàng Anh Tuấn

Download Notification 37/2017/TT-BTC here: Notification 37/2017/TT-BT