Decision No. 54-TC/TCT promulgates the management regime for sales invoices

Pursuant to …;

OF THE MINISTER OF FINANCE NUMBER 54-TC/TCT
DATE FEBRUARY 20, 1991 ISSUING THE REGIME FOR MANAGEMENT
INVOICES FOR SALES

THE MINISTER OF FINANCE

Pursuant to Decision No. 155-HĐBT dated October 15, 1988 of the Council of Ministers stipulating the functions, tasks, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 196-HĐBT dated December 11, 1989 of the Council of Ministers stipulating the tasks, powers, and responsibilities for state management of the Ministries;

Pursuant to the Accounting and Statistics Ordinance of the State Council promulgated on May 20, 1988;

Pursuant to Resolution No. 278B-NQ/HĐNN8 dated August 8, 1990 of the State Council regarding the issuance and implementation of the Law on Business Tax, the Law on Special Consumption Tax, and the Law on Income Tax;

Implementing Article 8 of Decree Nos. 351-HĐBT and 353-HĐBT dated October 2, 1990 of the Council of Ministers detailing the implementation of the Law on Business Tax and the Law on Income Tax concerning "The Ministry of Finance shall uniformly issue invoices for use by business establishments nationwide";

After consultation with the General Statistics Office.

Pursuant to …;

Article 1. Issued together with this Decision is the "Regime for Management of Sales Invoices," including:

- Invoice models and invoice combined with warehouse dispatch note (hereinafter referred to as invoice);

- The regime for management and use of invoices by production and business establishments;

This regime applies to production and business establishments under all economic sectors throughout the country from April 1, 1991;

Article 2. Invoices uniformly issued by the Ministry of Finance include the following types:

1. Invoice (for sales, transportation, services) designated 01/BH (attached model).

2. Invoice combined with warehouse dispatch note designated 02/BH (attached model).

The above invoice models replace the "invoice combined with warehouse dispatch note" designated 07 VT issued pursuant to Decision No. 200-TCTK/PPCĐ dated March 24, 1983 of the General Statistics Office and also replace the "invoice," "invoice combined with warehouse dispatch note," and "transportation fee settlement invoice" issued in Circular No. 58-TT/LB dated December 23, 1988 of the Ministry of Finance and the General Statistics Office.

Article 3. For other payment receipts (such as receipt vouchers, tickets for collecting money, etc.), the temporary application of the provisions set forth in Decision No. 292-CT dated November 17, 1988 of the Council of Ministers on the establishment of purchase and sale documents and service provision receipts for collecting money and Circular No. 58-TT-LB dated December 23, 1988 of the Joint Ministry of Finance - General Statistics Office guiding the implementation of Decision No. 292-CT remains in effect.

Article 4. Units and industries that need to use specific invoices and payment receipts suitable for their particular characteristics must obtain the agreement of the Ministry of Finance before implementation.

Article 5. Ministries, General Departments, People's Committees of provinces, centrally governed cities are responsible for organizing the implementation of this Decision within their respective sectors and localities.

Article 6. Comrades General Director of the General Department of Taxation, Heads of the Accounting System and Accounting Inspection Department of the Ministry of Finance are responsible for guiding the implementation of this Decision.

(SALES, TRANSPORTATION,

(SALES, TRANSPORTATION, SERVICES)

Purchaser's name... Volume number...

Address... Number...

Payment method... (size 19 x 27)

Total amount (written in words)...

.....

Date... /... /199...

Selling unit...Address...MODEL NO. 01B/BH(Issued pursuant to Decision No. 54-TC/TCT dated February 20, 1991
Port Authority Name

(SALES, TRANSPORTATION,

(SALES, TRANSPORTATION, SERVICES)

Purchaser's name... Volume number...

Address... Number...

Payment method... (size 19 x 13)

Total amount (written in words)...

.....

Date... /... /199

Selling unit...Address...MODEL NO. 02/BH(Issued pursuant to Decision No. 54-TC/TCT dated February 20, 1991
Port Authority Name

INVOICE COMBINED WITH WAREHOUSE DISPATCH NOTE

Purchaser's name... Volume number...

Address... Number...

Dispatched from warehouse...

Payment method... (size 19 x 27)

Total amount (written in words)...

.....

Date... /... /199...

The invoice is prepared by the seller when selling goods or providing services and collecting payment. Depending on the case of "sales" or "transportation," the irrelevant terms should be crossed out.

I- INVOICE "SALES, TRANSPORTATION, SERVICES" MODEL NO. 01/BH

- The invoice is prepared by the seller when selling goods or providing services and collecting money. If it is a product or commodity sale, then the words "transportation, services" should be crossed out. If it is transportation, then the words "sales, services" should be crossed out, etc...

- Clearly record the name, address, or stamp of the selling unit or service provider (top left corner).

- Clearly record the name, address, or trade name of the purchaser.

- Clearly record the payment method such as cash, check, or barter, etc...

- Columns:

+ Column A, B: Record the serial number, name, specifications of the product or commodity or labor service provided and collected. If it is transportation, clearly record: Type of goods, origin, destination;

+ Column C: Unit of measurement for quantity or weight of the product or commodity or service provided and collected:

+ Column 1: Record the quantity or weight of each type, kilometers of transport distance;

+ Column 2: Record the unit price of each type;

+ Column 3 = Column 1 x Column 2.

- Any remaining blank lines below columns B, C, 1, 2, 3 should be diagonally crossed out;

- Invoices paid in cash or by check after collection of money, the seller stamps "paid." If paid by check, additionally record the check number and date on the invoice. Sales invoices of individual economic units selling small quantities of products, commodities, labor services using Model No. 01B/BH or Model No. 01A/BH only require signatures of the buyer and seller. In cases of large-scale retail sales or wholesale sales, or as required by the unit's management, additional signatures of the accounting manager, head of the unit, and the unit's stamp are required.

- The invoice is prepared in three copies (carbon paper printed once): copy 1 retained, copy 2 given to the customer, copy 3 used by the seller as a receipt for collecting money or at the end of the day, taken together with cash or checks to the accountant for deposit procedures and recording in relevant accounting books (if already collected money);

Specifically, for individual households, small traders, and small handicrafts, the invoice is prepared in two copies, copy 1 retained, copy 2 given to the customer.

II- INVOICE COMBINED WITH WAREHOUSE DISPATCH NOTE (MODEL NO. 02/BH)

- The invoice combined with warehouse dispatch note is prepared by the seller when selling products or commodities directly from the warehouse;

- Clearly record the name, address, or stamp of the selling unit or service provider (top left corner);

- Clearly record the name, address, or trade name of the purchaser;

- Clearly record the name of the warehouse from which goods are dispatched for sale;

- Clearly record the payment method: by check, cash, or barter.

- Columns:

+ Column A, B: Record the serial number, name, specifications, quality of the sold products or commodities.

+ Column C: Unit of measurement for quantity or weight of the products or commodities;

+ Column 1: Record the quantity or weight of each type;

+ Column 2: Record the unit price of each type;

+ Column 3 = column 1 x column 2;

- The remaining lines below columns B, C, 1, 2, 3 shall be crossed out with one diagonal line from top to bottom.

- For invoices paid in cash or by check, after collecting the money, the seller shall stamp "paid". If payment is made by check, the invoice shall also include the "number, date, month, year" of the check.

- After completion, the invoice combined with the warehouse dispatch note must have the signatures of the chief accountant, the head of the unit, and the seal of the unit (if applicable). After dispatching from the warehouse, both the warehouse keeper and the buyer shall sign on the invoice.

- The invoice combined with the warehouse dispatch note shall be issued in three copies (one-time carbon paper); copy 1 is retained, copy 2 is given to the customer, and copy 3, after being recorded by the warehouse keeper on the inventory card, is transferred to the accounting department for bookkeeping and settlement procedures (for unpaid invoices).

REGIME FOR MANAGEMENT AND USE OF INVOICES BY PRODUCTION AND BUSINESS UNITS
(Issued pursuant to Decision No. 54-TC/TCT dated February 20, 1991)
Port Authority Name

Pursuant to Article 8 of Decrees No. 351-HĐBT and No. 353-HĐBT dated October 2, 1990 of the Council of Ministers detailing the implementation of the Law on Business Tax and the Law on Income Tax, the Ministry of Finance hereby stipulates the regime for management and use of invoices (including invoices and invoices combined with warehouse dispatch notes) by production and business units as follows:

1. All production and business units, whether state economic organizations, collective organizations, or individual and private entities in all sectors, when selling goods or providing services and collecting money, must issue invoices issued by the Ministry of Finance to customers.

2. If the seller or service provider does not issue an invoice as prescribed to the customer, it will be considered tax evasion and will be handled according to the provisions of the relevant tax laws. The buyer has the responsibility to request the seller to issue an invoice. If the buyer does not accept the invoice, it will be considered collusion in tax evasion.

In the following cases, if the customer does not request, the seller or service provider does not need to issue an invoice.

a) For the manufacturing sector:

- Farmers directly bringing their own products to sell retail on the market to consumers.

- Households and small individual producers selling their products directly retail on the market.

b) For the transportation sector:

Transportation services by road or water carrying passengers that have sold tickets according to the regulations set forth in Circular No. 58-TT/LB dated December 23, 1988 of the Ministry of Finance - Statistics, transporting passengers by primitive means (such as bicycle carts, pedicabs, ferries...).

c) For the service sector:

- Repair services that do not require warranty, refurbishment, or restoration of consumer products for individuals,

- Services related to daily life such as hair cutting, hair styling, laundry, dyeing, etc.

d) For the food and beverage trade sector:

- Activities of selling goods on the street, sidewalk, individual households selling tea, snacks.

- Direct retail sales of fresh goods to consumers.

h) Cases where sales or services are collected at a value equivalent to or less than 10 kg of rice based on local prices for each transaction.

Although the cases mentioned in point 2 above do not need to issue invoices, economic units under state ownership, collectives, and individuals required to keep accounting records must still record and update sales figures and service provision to reflect fully the results of production and business activities according to the national accounting and statistical system.

Specific lists of activities that do not need to issue invoices are determined by the People's Committees of provinces, cities, and centrally administered municipalities to suit local conditions.

3. All goods sold and required to issue invoices must carry valid invoices during transportation; otherwise, they will be considered violations of the law and will be handled according to the law.

4. Invoices must clearly indicate the name and address of the business and other elements as specified in the respective invoice templates before dispatching goods to customers.

5. Writing invoices must be done on carbon paper for subsequent copies, clearly and completely, crossing out blank spaces not filled due to insufficient content; no erasing or altering on the invoice. In case of writing errors requiring cancellation of the invoice, it must not be torn away from the stub.

6. Invoices must be carefully preserved and not lost. Any loss of invoices must be reported to the tax authority and the police with the quantity of lost invoices and circumstances of loss for verification and handling according to the law.

Used invoices must be arranged chronologically and stored according to the retention period for accounting vouchers.

Invoices currently in use or fragments thereof must be presented to the tax authority and responsible bodies when necessary.

7. Violations of the above provisions will be handled according to point a, b Clause 1 Article 20 of the Special Consumption Tax Law; point a, b Clause 1 Article 27 of the Income Tax Law; Articles 7 and 18 of the Accounting and Statistics Ordinance and other legal regulations concerning the issuance of purchase and sale vouchers and service provision invoices.

In cases of misuse, lending, or issuing fake invoices to evade taxes or engage in illegal activities, penalties or criminal liability may be imposed depending on the severity of the violation.

8. Invoices and invoices combined with warehouse dispatch notes shall be printed, issued, and managed for use according to the regime for managing and using seals.