1. Guidelines for handling of e-invoices containing errors
The Decree No. 119/2018/ND-CP prescribing electronic invoices for sale of goods and provision of services is coming into force from November 01, 2018.
According to this Decree, where it is discovered that e-invoices with tax authorities’ identification codes contain errors, they shall be handled as follows:
- If they have not been sent to buyers:
+ Sellers shall inform the tax authority by using the Form No. 04 hereto appended of cancellation of the e-invoices which have been created and contain errors;
+ Sellers shall prepare new e-invoices with digital signatures and/or electronic signatures for submission to the tax authority for its issue of new e-invoice codes in place of the previous ones, and send them out to buyers.
- If they have already been sent to buyers:
+ Sellers and buyers shall enter into a written agreement clearly stating errors or inform e-invoices containing errors (if these errors are caused through sellers’ fault);
+ Sellers shall inform the tax authority by using the Form No. 04 hereto appended of cancellation of the e-invoices which have been created and contain errors;
+ Sellers shall prepare new e-invoices with digital signatures and/or electronic signatures for submission to the tax authority for its issue of new e-invoice codes in place of the previous ones, and send them out to buyers.
Detailed guidelines for other cases are available in the Decree No. 119.
2. Guidelines for information provision by banks to clients
These guidelines are introduced in the Decree No. 117/2018/ND-CP on protection of confidentiality and provision of client information of credit institutions and foreign banks’ branches (hereinafter referred to as “banks”).
According to this Decree, banks shall only provide client information for other organizations or individuals in one of the following cases:
- Other organizations or individuals have the right to request banks to provide client information as prescribed in codes, laws or resolutions of the National Assembly;
- There is the client’s consent in writing or in any other forms as agreed upon with the client.
Apart from these two cases, banks shall provide information concerning a client for that client or his/her legal representative only.
The Decree No. 117/2018/ND-CP is coming into force from November 01, 2018 and supersedes the Decree No. 70/2000/ND-CP dated November 21, 2000.
3. Guidelines for procedures for approval for provisional lists of personnel of credit institutions
On September 05, 2018, the State Bank of Vietnam promulgated the Circular No. 22/2018/TT-NHNN providing guidelines for procedures and application for approval for provisional lists of personnel of credit institutions and foreign banks' branches.
According to this Circular, procedures for approval for the provisional list of personnel of a credit institution are as follows:
- The credit institution shall prepare an application for approval for the provisional list of personnel, including required documents as regulated, and submit it to the State Bank.
- If the application is unsatisfactory, within 07 working days from the receipt of the application, the State Bank shall request the credit institution in writing to complete it.
- The credit institution shall complete the application by providing supplemental documents as requested by the State Bank within a maximum period of 45 working days from the receipt of the State Bank’s written request.
- Over this time limit, the credit institution must re-submit an application as prescribed in this Circular to the State Bank for consideration and giving approval.
- Within 30 working days from the receipt of a satisfactory application, the State Bank shall give its written approval for the credit institution’s provisional list of personnel. If an application is refused, the State Bank shall give a written response in which reasons for such refusal shall be specified to the credit institution.
The Circular No. 22/2018/TT-NHNN is coming into force from November 01, 2018.
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