Knowledge base

A taxpayer asked the Ministry of Finance how to handle an e-invoice generated from a cash register when it contains errors in the buyer's name, address, amount in words, or other content, but NOT in the tax code, invoice amount, tax rate, tax amount, or goods listed. The question was whether such errors could be corrected under point (a), Clause 1, Article 10 of Circular 91/2026/TT-BTC - which only requires notifying the buyer and the tax authority via Form 04/SS-HDDT, with no need to reissue the invoice - given that point (c) of the same clause separately requires cash-register e-invoices with errors to be replaced with a new invoice. In its reply, the tax authority quoted the legal basis in full: Circular 91/2026/TT-BTC (effective July 1, 2026), Decree 254/2026/ND-CP, and Law on Tax Administration 108/2025/QH15 governing e-invoices and e-documents, and restated points (a) and (c) of Clause 1 and point c.2 of Clause 5 of Article 10 (which covers assets requiring registered ownership: if goods already registered under the buyer's name are returned, the buyer - not the seller - issues the return invoice). However, the reply did NOT give a direct yes/no answer to the taxpayer's specific scenario; it only instructed the taxpayer to "apply the regulations based on the actual circumstances of the business." In practice, it is worth noting that point (c) of Clause 1 specifically singles out cash-register e-invoices (and invoices for assets subject to ownership registration) as requiring a replacement invoice for any error, unlike the general rule in point (a), except for the goods-return case under point c.2 of Clause 5. Because the tax authority's answer was non-committal, businesses and household businesses using cash-register invoices should exercise caution and contact their managing tax office directly for specific guidance before acting.

The Government issued Resolution No. 10/2026/NQ-CP dated 10 March 2026, allowing the continued application of existing Government decrees and Prime Minister decisions that were issued to implement laws that have been amended, supplemented, or replaced effective from 1 January 2026 and 1 March 2026, pending the issuance of new replacement instruments. The Resolution includes two main annexes: one listing decrees to be applied in full and one listing decrees to be applied in part. Areas covered include: securities, accounting, auditing, public debt management, the state budget, higher education, vocational education, investment, and employment. The Ministry of Finance and the Ministry of Education and Training are tasked with leading implementation and developing replacement instruments before 1 April 2026. The Resolution took effect on 10 March 2026.

The Ministry of Finance responds to a question about e-invoice timing and required documentation for State Treasury payments in connection with drug procurement contracts by state-budget healthcare units. The question asks whether a seller may issue an invoice after acceptance/handover, when the purchasing unit has not yet received payment from the State Treasury. Per official guidance, the State Treasury disburses funds to budget-spending units upon receipt of the required documents under Decree No. 347/2025/ND-CP. The payment request file does NOT include invoices, acceptance records, or contracts. The State Treasury does not receive or verify these documents. Under State Budget Law No. 89/2025/QH15, the head of a budget-spending unit is responsible for ensuring lawful, efficient use of the budget and compliance with spending conditions. For specific guidance on investment project reporting procedures and forms, units should contact the competent investment registration authority directly.

Decree 254/2025/ND-CP, issued by the Government on September 26, 2025, provides detailed regulations on the management, payment, and financial settlement of projects using public investment capital. This decree establishes clear procedures for disbursement, payment, and settlement of state budget capital for public investment projects, aiming to ensure transparency, efficiency, and accountability in public financial management. For SMEs participating in providing services, construction work, or supplying goods for public investment projects, this decree directly impacts contract payment and settlement procedures. Businesses need to understand documentation requirements, payment submission deadlines, and their responsibilities in providing valid supporting documents to receive timely payments. The decree also clearly defines the responsibilities of all parties involved in the payment and settlement process, helping to minimize payment delay risks. Understanding these regulations helps SMEs prepare accurate documentation and comply with proper procedures, thereby ensuring stable cash flow when participating in public projects. The decree takes effect immediately from the date of issuance, so businesses currently executing contracts with public investment projects need to review their internal processes to ensure compliance.

The National Assembly Office has issued Consolidated Text No. 114/VBHN-VPQH, merging the full Law on Value Added Tax (VAT) No. 48/2024/QH15 (effective July 1, 2025) with three subsequent amendments: Law No. 90/2025/QH15, Law No. 149/2025/QH15 (effective January 1, 2026), and Law No. 09/2026/QH16 (effective April 24, 2026). This is the complete, up-to-date version of the VAT Law that businesses, accountants, and household businesses should use for reference instead of the original 2024 text. Main content covers: the scope of taxable objects and 28 categories of goods and services exempt from VAT (unprocessed farm produce, life insurance, medical services, textbooks, software, land-use-right transfers, and more); three tax rates of 0 percent, 5 percent, and 10 percent; two tax calculation methods (the credit method and the direct-on-revenue method); conditions for input VAT deduction and refund; and prohibited acts related to invoices and documentation. Key points for SME owners and household businesses: the annual revenue threshold below which household and individual businesses are exempt from VAT (Article 5, Clause 25) has been amended twice and is now set by the Government for each period; e-commerce platforms and digital platforms with payment functions must withhold, declare, and pay VAT on behalf of household and individual sellers using the platform; foreign suppliers selling goods or digital services through e-commerce channels to customers in Vietnam are subject to the 10 percent rate. The refund threshold for un-deducted input VAT is 300 million VND for exports and investment projects. Because this is a consolidated text rather than a new law, its provisions took effect on the dates listed above at different times; businesses should match each clause to its corresponding effective date when applying it.

The Ministry of Finance (through Can Tho City Tax Department) confirmed that self-manufactured tools such as scaffolding frames, diagonal braces, and similar equipment produced by a construction company and transferred to project sites for construction use qualify as internal goods in circulation to continue the production process. Under Clause 1, Article 6 of Decree 181/2025/ND-CP, such goods are excluded from VAT liability. The tax authority confirmed that the company is not required to issue an invoice and is not required to declare or pay VAT on the internal transfer of these self-manufactured tools. Earlier audit positions requiring invoice issuance (even without VAT) were found inconsistent with the applicable regulations.

The Dong Nai Tax Department responded to two company questions. First, on cash register e-invoices: a business that primarily serves enterprises under contracts and only occasionally has customers who do not want invoices is not required to use cash register-generated e-invoices. Second, on VAT rate for metal door knobs NEWNEO 5881 (HS-equivalent code 259302 - metal locks and hinges): the tax authority directed the company to check the list of goods not eligible for VAT reduction under Decree 174/2025/ND-CP. If the product is not in Annex 1 or Annex 2 of Decree 174/2025/ND-CP, it qualifies for the reduced 8% VAT rate. Businesses must cross-reference their product code against the annexes of Decree 174/2025/ND-CP and Resolution 43/2018/QH14 to determine the correct applicable rate. If product code 259302 is absent from Annexes 1 and 2, the VAT rate is reduced from 10% to 8%.

This is an official consolidated document published by the Ministry of Industry and Trade (MOIT) in the Official Gazette, merging Circular 47/2014/TT-BCT on managing e-commerce websites together with five subsequent amendments (Circulars 04/2016, 21/2018, 42/2019, 01/2022 and 38/2025/TT-BCT) into a single reference text. It does not create new obligations; it simply compiles the currently applicable rules. The Circular applies to traders, organizations and individuals who set up online selling websites; to owners of e-commerce marketplace, online-promotion and online-auction platforms; to sellers on those platforms; and to organizations conducting website trust-rating (certification) activities. Owners of a selling website must file a simpler 'notification' with MOIT through the E-Commerce Management Portal (online.gov.vn), while marketplace, promotion and auction platform owners must complete a more detailed 'registration' (including a service-provision plan, operating rules, and a model service contract). Businesses must update their filing annually, report activity statistics, and notify MOIT within 7 working days of any change of information or cessation of operation. Websites that violate the rules or fail to report can have their registration revoked and be placed on a public violation list on the Portal. The most recent change folded into this consolidated text is Circular 38/2025/TT-BCT (effective July 1, 2025), which mainly reassigns which administrative level handles these procedures under Vietnam's new two-tier local government model - it does not add new compliance duties for businesses. Owners of e-commerce websites and platforms should use this consolidated version as the single up-to-date reference instead of checking each amending Circular separately.

Son La Tax Department No. 1 clarifies: under Decree 174/2025/ND-CP, a direct-method VAT taxpayer must, when issuing invoices for VAT-reduced goods/services, record the full pre-reduction value in the 'Total amount' column, record the amount after the 20% rate reduction in the 'Total goods/services' line, and note the reduction basis under Resolution 204/2025/QH15. Even where the contract explicitly states the post-reduction price, the invoice must still follow Decree 174/2025/ND-CP's format. The revenue base for VAT calculation is the pre-reduction revenue (must be grossed up), not the post-reduction contract value.

The Ministry of Finance provides guidance on how to record buyer information on invoices when a public non-business unit has both a tax identification number (TIN) and a budget unit code (MQHNS), pursuant to Clause 7, Article 1 of Decree 70/2025/ND-CP dated 20 March 2025 (amending Decree 123/2020/ND-CP on invoices). According to the guidance of the Ho Chi Minh City Tax Department (confirmed by the Ministry of Finance) and Clause 5, Article 10 of Decree 123/2020/ND-CP (as amended by Clause 7, Article 1 of Decree 70/2025/ND-CP): where the buyer is a unit holding both a TIN and a budget unit code, the invoice must record both the TIN and the budget unit code. This is a mandatory requirement, not optional, to ensure accuracy in state budget management. The Ho Chi Minh City Tax Department notifies taxpayers to be aware of and comply with this requirement.

The General Department of Taxation provided guidance on how to record buyer information on e-invoices when individual customers decline to provide personal identification details. The primary legal basis is Clause 7, Article 1 of Decree 70/2025/ND-CP amending Decree 123/2020/ND-CP on invoices and documents. According to the guidance, when individual retail customers purchasing for personal consumption (not for business) refuse to provide information (name, address, tax code, national ID), the seller may leave fields blank or record only the information the customer does provide (e.g., just name and province/city). The tax authority instructs businesses to comply with current regulations and to seek further clarification from their direct managing tax authority.