THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
73/TC-TCT
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Hanoi,
October 20, 1997
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CIRCULAR
GUIDING THE REGULATIONS
ON INVOICES AND DOCUMENTS RELATED TO GOODS CIRCULATED ON THE MARKET
Pursuant to the current tax laws and
ordinances;
Pursuant to the Ordinance on Accounting and Statistics of May 20, 1988;
Pursuant to the Ordinance on Economic Contracts of September 25, 1990;
Pursuant to Decision No.292/CT of November 17, 1988 of the Chairman of the
Council of Ministers (now the Prime Minister) on making invoices and documents
for the sale and purchase of goods and the provision of money collection
service, Official Dispatch No.2759/KTTH of June 10, 1993 of the Office of the Government
on the Prime Minister�s assignment to the Ministry of Finance the task of
stipulating measures for the handling of violations of the regulations on
invoices and documents in the purchase and sale of goods;
Pursuant to Official Dispatch No.4201/KTTH of August 28, 1996 of the Government
on coordinating the inspection and control to effectively curb the flow of
illegally imported goods into the domestic market;
Pursuant to Decree No.22-CP of April 17, 1996 of the Government defining
sanctions against administrative violations in taxation;
Pursuant to Resolution No.85/CP-m of July 11, 1997 of the Government;
Pursuant to Directive No.853/1997/CT-TTg of October 11, 1997 of the Prime
Minister;
The Ministry of Finance provides the following guidance on the regulation on
invoices and documents related to goods circulated on the market:
I. GENERAL PROVISIONS
1. Goods produced or traded in by organizations
and/or individuals (collectively referred to as business establishments),
whether they are domestic or imported goods, when circulating on the market
must be attached with valid invoices and documents proving their lawful
origins.
Properties owned by organizations which are not
business establishments such as administrative or non-business agencies, mass
organizations..., when being transferred or transported between their attached
establishments and units, shall not be regulated by this Circular. To be
distinguished from goods owned by business establishments, the properties being
transferred or transported en route must be accompanied with a transfer
decision or delivery bill issued by the concerned organization. If the goods
are purchased for equipment, a receipt is required.
2. Goods circulated on the market as prescribed
in this Circular are purchased, imported, sold or exchanged by business
establishments, whether they are being transported, exhibited for sale or kept
in stock.
3. Invoices and documents defined in this
Circular include: sale invoices, invoices -cum- delivery bills, delivery bills
-cum- internal transport decisions, tax payment receipts, money receipts,
tickets and stamps, which must be the originals issued uniformly by the
Ministry of Finance or by the concerned enterprises upon the approval of the
Ministry of Finance (the General Department of Taxation). Other documents such
as economic contracts (the duplicates thereof must be notarized), delivery
orders, transfer orders..., if they are duplicates (or copies), must be stamped
with seal certifying that they are true copies of the originals issued by the
enterprises.
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5. Upon reception of the goods, individual
household shall, apart from abiding by the general regulations on invoices and
documents, also have to:
- Compile purchase books, if it conducts
business at fixed places by purchasing goods for sale or raw materials for
production. The purchased goods must be recorded in the exact quantities,
categories and values into the purchase books before they are delivered.
- Pay tax before transporting the goods out of
the purchase locality, if it conducts mobile consignment business. The goods
transported must be attached with turnover tax payment and profit tax payment
receipts for circulation.
II. INVOICES, DOCUMENTS REQUIRED FOR EACH
SPECIFIC CASE
A. FOR HOME-MADE GOODS:
1. For goods produced for sale, for distribution
to agents or for exchange, the sale invoice or invoice -cum- delivery bill must
be issued to the customer.
If the goods are sold, distributed to agents or
exchanged by mode of delivery to the place requested by the customer, an
economic contract is required.
2. If the goods owned by a fixed business
establishment are put up for mobile sale, a transfer order and delivery bill
-cum- internal transport paper must be issued to the person assigned to sell
them.
3. If a business establishment delivers raw
materials and materials for processing, there must be a delivery bill clearly
stating the delivery for processing, which shall be attached with the
processing contract.
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Where a production establishment transfers goods
produced by itself to its branches and/or shops for sale, which are located in
localities other than the locality of production (a province or city), an
invoice -cum- delivery bill must be issued.
5. For goods which are returned to the seller
due to their failure to meet the requirements on specifications and quality,
there must be an official dispatch issued by the goods returning establishment
stating the reason for the return delivery, attached with a delivery bill
issued by the goods-returning unit and a sale invoice or an invoice -cum-
delivery bill (a copy thereof must be affixed with the seal of the
establishment) issued by the sale unit.
6. For consumer goods with value below the level
prescribed for invoice making, if the purchaser does not ask for the invoice,
the sale unit shall have to make a declaration on sold goods under the guidance
of the tax agency.
7. Goods for which the seller shall not have to
make invoices include:
- Unprocessed agricultural, forest and aquatic
products, which are produced or exploited, and sold directly by farmers and
fishermen.
- Things for personal use by individuals,
non-business people.
When purchasing goods, the purchasing unit shall
have to make a list of purchases under the guidance of the tax agency. If the
business establishment set up its purchase station(s) at the centralized
production areas, it shall have to register them with the tax agency(ies) in
the locality(ies) where the purchase station(s) is(are) set up and make a list
of purchases as prescribed above if the goods are transported out of a purchase
station there must be a delivery order issued by the establishment together
with a delivery bill -cum- internal transport paper.
8. Agricultural, forest or aquatic products
directly produced and exploited by farmers or fishermen, which have not been
processed into other products and sold outside the locality of direct
production (the district) or outside the area of regular sale, shall not be
subject to turnover tax and profit tax for circulation, but there must be certification
from the communal People�s Committee regarding the quantity (weight) of the
products carried by the producers themselves.
9. Business establishments purchasing or
receiving goods shall have to request the goods delivering party to give them
valid invoices and documents. If the goods are bought from an object other than
a business establishment (as prescribed in Points 7 and 8), a list of purchases
must be made. State enterprises, enterprises with foreign investment capital,
limited liability companies, stock companies, private enterprises and
cooperatives, that purchase, receive and directly transport the goods, shall
have to obtain economic contracts or transfer orders as required for cases
where goods are delivered for sale, exchange or distribution to agents.
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1. Non-governmental quota import.
For goods imported according to non-governmental
quotas, there must be the following documents:
- A declaration of goods imported through border
gates not according to governmental quotas
- The tax payment receipt for such goods
- The purchase book, for an individual business
household.
2. Goods imported according to official
governmental quotas:
Goods imported according to official
governmental quotas must have a declaration of import already inspected and
certified by the customs agency, a tax notice issued by the customs agency or
the import tax payment receipt. For the import of a big lot of goods that
requires several transportations, the goods owner shall propose the border gate
customs office to certify each transportation in the import goods declaration.
3. When a business establishment that undertakes
the consigned import delivers goods to the consignor, it shall have to issue a
sale invoice or an invoice- cum- a delivery bill.
4. Imported goods which are gifts or donations
must be attached with:
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- The import tax payment receipt and special
consumption tax payment receipt (for goods subject to import tax and special
consumption tax), if the value of the lot of goods exceeds the value eligible
for tax exemption. In case of import tax and/or special consumption tax
exemption, there must be a decision from the competent agency.
5. The luggage of a person entering Vietnam
which fails to meet the criteria for duty-free luggage must have an import
goods declaration already examined and certified by the customs office, the
import tax receipt, the special consumption tax payment receipt or the decision
on import tax and special consumption tax exemption, (if it is subject to
import tax and special consumption tax).
6. A business establishment trading in import
goods which are subject to tax labeling as prescribed by the State shall have
to affix stamps thereto in accordance with the regulation.
7. Imported goods sold by business establishments
that have directly imported them or purchased by other business establishments
for business purpose, shall be subject to the regulations on invoices and
documents prescribed for home-made goods in Section A above.
III. HANDLING OF VIOLATIONS
Business establishments violating the
regulations on invoices and documents for goods circulated on the market shall
be handled as follows:
A. FOR HOME-MADE GOODS.
1. Goods transported with invoices or invoices-
cum- delivery bills as prescribed in Point 1, with delivery bills as prescribed
in Points 3 and 5; delivery bills -cum- internal transport as prescribed in
Points 2 and 4, Section A, Part II but without economic contracts or orders for
internal transfer, shall have to pay turnover tax and profit tax for
circulation.
Farmers or fishermen who transport a big
quantity of agricultural, forest or aquatic products, which they have directly
produced or exploited, out of the production locality without certification from
the communal People�s Committee, shall have to pay turnover tax and profit tax
for circulation.
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3. Acts of buying or receiving goods without
invoices issued by the seller or the goods-delivering party or without list of
purchases (where such list is required) shall be considered acts of complicity
in evading tax and have to pay turnover tax and profit tax for circulation
based on the market prices at the time of inspection (for goods being
transported) or on the value of the goods indicated in accounting books by the
concerned establishment. If the prices of goods stated in the accounting books
fail to conform with the actual prices, the tax calculation shall be based on the
market value of the goods at the time of goods� purchase and the tax agency
shall be entitled to determine a reasonable and lawful cost according to the
result of the inspection. The value of the purchases and the collected tax
amount shall be accounted into the reasonable and lawful cost when determining
the taxable profit.
4. A business establishment engaged in mobile
consignment business without turnover tax and profit tax payment receipts,
shall have to pay the turnover tax and profit tax arrears for circulation and
shall, depending on the seriousness of the violation, be fined from 1 to 3
times the turnover tax and profit tax amount. The taxable value shall be calculated
on the basis of the goods� market prices in the locality where the violation is
detected by the tax agency.
5. An individual household engaged in property
dealing, that purchases goods for sale or purchases materials and raw materials
for production with invoices but without purchase book, shall have to pay
turnover tax and profit tax for circulation and be administratively sanctioned
for its tax violation.
6. A business establishment violating the
regulations on invoices and documents, evading a big tax amount or repeating
its violation may be subject to examination for penal liability in accordance
with the provisions of law.
7. Where sanctions are imposed on violators of
the regulations on invoices and documents in the trading of home-made goods,
the sanctioning decisions and money collection receipts are required.
B. FOR IMPORTED GOODS:
1. Goods imported without adequate invoices and
documents as prescribed in Points 1, 2, 3, 4, 5 and 6, Section B, Part II shall
be considered illegally imported goods and confiscated.
2. Selling import goods without issuing invoices
to the purchasers shall be subject to not only the payment of turnover tax and
profit tax arrears for circulation but also a fine from 1 to 3 times the
turnover tax and profit tax amount.
3. Imported goods bought for business without
valid invoices and documents shall all be considered illegally imported
smuggled goods and be confiscated.
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5. Where sanctions are imposed on imports dealer
for their violation, the sanctioning decisions and money collection receipts
are required.
C. SETTLEMENT OF COMPLAINTS
A business establishment shall have the right to
file a complaint if the handling decision is improper. Such complaint shall be
submitted to the agency that has issued the handling decision or the
higher-level agency. The procedures and competence for the settlement of
complaints shall comply with the provisions of the tax legislation.
Pending the settlement of its complaint, the
business establishment shall still have to strictly abide by the already signed
decision.
IV. ORGANIZATION OF IMPLEMENTATION
1. The handling of violations of the regulations
on invoices and documents for goods circulated on the market as prescribed in
this Circular shall come under the competence of the tax agency or inspection
agency that has detected the violation and issues handling decisions after
consulting and reaching agreement with the tax agency.
2. All violations must be recorded in reports
according to regulations. When the payment of tax arrears and fines is imposed,
the tax payment receipt and fine receipt must be issued to the sanctioned
business establishment. The amount of tax arrears and fines as well as the
money gained from the sale of the confiscated goods shall be remitted to the
State Treasury in accordance with the current regulations.
3. An organization and/or individual that
obstructs the circulation of goods or improperly handle violations, thus
causing losses to the involved business establishment shall have to pay compensation
thereto.
This Circular takes effect from December 1st,
1997 and replaces Circular No.79-TC/TCT of October 1st, 1994; the other
regulations on invoices and documents provided for in Circular No.61-TC/TCT of
July 22, 1993 of the Ministry of Finance, which are contrary to this Circular,
are now annulled.
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FOR THE MINISTER OF FINANCE
VICE MINISTER
Vu Mong Giao