Official Dispatch Issued Clarifying the Invoice Process
Official Dispatch No. 18036/BTC-TCT dated December 30th, 2011 issued by The Ministry of Finance guiding some contents in the process of implementing Decree 51/2010/NĐ-CP and Circular 153/2010/TT-BTC.
- The delayed submission of reports on the use of invoices
- According to Clause 2, Article 24 and 25, chapter III, Circular No. 153/2010/TT-BTC, organizations or individuals must submit the report on the use invoices to the tax department no later than the 20th day of following month of the report quarter.
- Organizations or individuals (excluding subjects using invoices issued by Tax office) submitting reports on the use of invoices within 10 days after deadline will not be sanctioned. A fine of VND2,000,000 will be imposed on organizations or individuals submitting reports on the use of invoices after 10 days since deadline.
- Using invoice before the date of notice of issuance of invoice or using invoice: of The Ministry of Finance after the date of April 01st, 2011.
- If the seller uses the invoice of the Ministry of Finance to deliver to the buyer after the date of April 1st, 2011, the seller will be sanctioned at a minimum penalty according the Clause 2 of Article 31 of Decree 51/2010/NĐ-CP. The delivered invoices may be not canceled. In case the seller had recovered invoice of the Ministry of Finance, which delivered to the buyer after the date of April 1st, 2011, and made out new invoice for instead, the seller must save all recovered invoices, do not cancel them.
- In 2011, the seller delivered the invoice to customers within 10 days before sending the notice of issuance of invoice for The Tax authorities, the seller will be sanctioned at a minimum penalty according the Clause 2 of Article 32 of Decree 51/2010/NĐ-CP. In addition to the sanctioned, the seller must notice of issuance of invoice under the provision. The notice of issuance of invoice must clearly list the number of invoices which have been used before the date of notice of issuance of invoice
- The buyer uses invoices which are delivered by seller to declare VAT and account expense.
- Using VAT invoices for the activities of exporting goods:
- On October, 10th 2011, the Ministry of Finance issued the official letter No. 13518/BTC-TCT guiding the use of VAT invoice for the export activities: “…. Export enterprises using VAT invoices when exporting before August, 31st 2011 have been acceptable”.
- The Ministry of Finance guide further as follows: from September 01st, 2011 to December 31st, 2011, export enterprises using VAT invoices when exporting have been acceptable as well.
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