Business questions to the Ministry of Finance
The Ministry of Finance has just received a question from a business, reflecting on the difference in the regulations on additional declaration for adjusted invoices and replacement invoices.
This enterprise said that according to Decree 70/2025/ND-CP, all adjusted or replacement invoices must be declared in addition to the issuance period of the original invoice. However, the Law on VAT No. 48/2024/QH15 stipulates two different cases:
If the error increases the amount of tax payable or reduces the amount of tax refunded: The enterprise must declare additional information in the correct period of errors.
If the error reduces the tax payable or only changes the tax amount, it will be deducted: The enterprise can declare at the time of detecting the error.
This difference makes businesses not know which regulations to apply, leading to concerns about incorrect declaration and legal risks.
The Ministry of Finance guides how to declare in accordance with regulations
The Ministry of Finance responded that, based on the principle of law application, the Law has a higher effect than the Decree. Therefore, in case of difference, enterprises must prioritize the application according to the provisions of the Law on VAT No. 48/2024/QH15.
Specifically, when there are adjusted or replacement invoices, businesses need to classify errors to declare additional supplements accordingly:
In case of errors that increase the amount of tax payable or reduce the amount of tax refunded: The enterprise must declare and supplement the correct issuance period of the adjusted or replaced invoice.
In case the error reduces the amount of tax payable or only changes the amount of tax deducted: The enterprise can declare in the current period when discovering the error.
The Ministry of Finance also emphasized that proper declaration helps businesses avoid tax risks and ensure transparency in business operations. The Ministry is also reviewing sub-law documents to soon have consistency, avoiding confusion for taxpayers in the coming time.
Advice for businesses
To avoid unnecessary errors, businesses should:
Carefully study the provisions of the Law on VAT No. 48/2024/QH15.
Carefully check the errors on the invoice to determine the correct type of errors and the correct declaration method.
Regularly update the latest announcements and instructions from tax authorities to ensure compliance with the law.
