Spending more time processing invoices, affecting production and business
Vietnam National Industry - Energy Group (Petrovietnam) reflects that the regulation on tax declaration for missed, adjusted, and replaced invoices is very cumbersome, businesses spend a lot of time adjusting for the correct period.
For example, in December, many invoices were discovered to be missing, adjusted, and replaced for the months from January to November, so businesses had to return to adjust the declaration form No. 01/GTGT of 11 months, not to mention the monthly detection of errors. This takes too much time, leading to difficulties in production and business.
Responding to this content, the Tax Department (Ministry of Finance) said that the Law on Value Added Tax No. 48/2024/QH15 stipulates the deduction of input value added tax as follows: input value added tax arising in each month and quarter is declared and deducted when determining the tax payable for that month and quarter. The amount of input value-added tax that has not been fully deducted in the month and quarter will be deducted in the following month and quarter.
In case a business establishment discovers that the input value-added tax amount when declaring or deducting is incorrect or incorrect, the tax must be declared before the tax authority or competent authority announces the decision to inspect the tax and inspect the tax as follows:
Taxpayers making additional declarations in the month or quarter that generate input value added tax are incorrect or incorrect if the tax declaration in the month or quarter that generates input value added tax is incorrect or incorrect, causing an increase in the tax payable or a reduction in the tax refunded; taxpayers must pay the full amount of additional tax payable or have the corresponding refunded tax amount recovered and pay late to the state budget (if any).
Taxpayers who make declarations in months and quarters will discover errors and omissions if the tax declaration in months and quarters results in incorrect or omission, reducing the amount of tax payable or only increasing or reducing the value-added tax that will be deducted to the following month and quarter.
The regulations on value-added tax deduction in Decree No. 181/2025/ND-CP are similar.
The Law on Value Added Tax No. 48/2024/QH15 and Decree No. 181/2025/ND-CP effective from July 1, 2025, have specifically stipulated the declaration and deduction of incorrect and incorrect input value added tax. The Tax Department requested Petrovietnam to study the regulations to implement.
The situation of buying and selling invoices and forging invoices still exists
According to the Vietnam National Coal and Mineral Industries Group (Vinacomin), currently, the situation of buying and selling invoices and forging invoices still exists, even with electronic invoices.
The review of information provided by suppliers is carried out regularly and continuously by competent authorities. However, the situation of suppliers at each time is different. For example, at the time of tax deduction declaration, the supplier was operating normally.
After the declaration time, the situation of enterprises updating new operating status is subject to tax risks, leading to enterprises not being allowed to deduct input value added tax for invoices issued by that supplier, and even having sanctions for enterprises when there are inspection teams.
According to Vinacomin, the risk of invoices is beyond the control of businesses, while businesses are subject to sanctions for using invoices that are not in accordance with regulations.
Therefore, businesses propose not to apply processing and sanctioning methods to businesses using invoices, but should only apply sanctions and penalties to suppliers directly issuing invoices in violation of the law.
Responding to this content, the Tax Department cited the provisions of the Law on Value Added Tax No. 48/2024/QH15 as saying that prohibited acts in tax deduction and refund are the act of "using illegal invoices and documents, illegally using invoices and documents according to Government regulations".
Meanwhile, the condition for deducting input value-added tax is stipulated as follows: having an invoice of value-added tax for purchasing goods, services or a document for paying value-added tax at the import stage or a document for paying value-added tax on behalf of foreigners.
Business establishments that do not comply with regulations on tax deductions and invoices and documents made from prohibited acts under the law will not be entitled to deduct value added tax.
Decree 70/2025/ND-CP stipulates prohibited acts in the field of invoices and documents as follows:
For organizations and individuals selling goods and providing services, organizations and individuals with related rights and obligations: committing fraudulent acts such as using illegal invoices, illegally using invoices; forging invoices and documents to commit illegal acts...
"The Law on Value Added Tax and the Law on invoices have specific regulations on prohibited acts in tax deduction and refund, prohibited acts in the field of invoices, documents and tax deduction conditions," the Tax Department emphasized.
Petrolimex faces difficulties with the regulation of issuing invoices for no more than 7 days
For Vietnam National Petroleum Group (Petrolimex), the company believes that the regulation on the time to prepare invoices for aviation fuel supply (for big data control) no later than 07 days of the month following the month of revenue generation is difficult to meet.
For a business of import-export business of some businesses, it takes a lot of time to match data between many parties including international suppliers. The time frame for issuing invoices at the latest 07 days of the following month is difficult to meet because businesses have to rely heavily on international partners, Petrolimex emphasized.
Regarding this issue, the Tax Department said that Article 90 of the Law on Tax Administration No. 38/2019/QH14 stipulates that when selling goods and providing services, sellers must make an electronic invoice to deliver to the buyer, regardless of the value of each sale of goods or service.
Decree No. 70/2025/ND-CP dated March 20, 2025 stipulates that the issuance of invoices for no more than 07 days is determined according to the contract period to be the basis for calculating the amount of goods and services provided based on the agreement between the seller and the service provider and the buyer.
The Tax Department recommends that the Group study the above regulation to determine the time of issuing invoices.
