Official Dispatch No. 2121/TCT-CS dated May 29, 2023 of the General Department of Taxation guiding the making of invoices according to Decree No. 15/2022/ND-CP.
Accordingly, the General Department of Taxation guides:
(i)In case goods and services are eligible for VAT reduction according to Decree 15/2022/ND-CP, after December 31, 2022, if errors are detected must issue an adjustment or replacement invoice and they do not affect the amount of goods and payable VAT or adjustment of the taxable price, the adjusted or replaced invoice shall apply the VAT rate of 8%; Where errors in quantity of goods lead to adjust the amount of goods and VAT, the adjusted or replaced invoice shall apply the VAT rate prescribed at the time of making the adjusted or replaced invoice.
(ii)In case goods have been purchased before January 1, 2023 at the tax rate of 8%, and after December 31, 2022, the buyer returns the goods due to improper specifications and quality, the seller shall issue an invoice to return the goods to reduce or replace the invoice made with the VAT rate of 8%, the seller and the buyer have an agreement to clearly state the returned goods.
(iii) In case the business establishment applies the form of commercial discount for customers and for the commercial discount of goods eligible for VAT reduction at the rate of 8% sold in 2022 but from 01 On January 1, 2023, when an invoice showing the commercial discount content is issued, then:
+ In case the discount amount is made on the last purchase or the next period after December 31, 2022, the discount amount of the sold goods shall be adjusted according to the content of the taxable price, the applicable tax rate in accordance with the applicable law at the time of billing invoice.
+ In case the discount amount is made at the end of the discount program (period) after December 31, 2022, the seller shall issue an adjusted invoice and apply the VAT rate of 8% at the time of sale.
(iv) In case a business establishment sells goods or provides services (subject to VAT reduction according to Decree No. 15/2022/ND-CP) but after December 31, 2022, the new business establishment establishes invoices for sales of goods and services arising from February 1, 2022 to December 31, 2022 and construction and installation activities with the time of acceptance and handover of works or work items, completed construction and installation volume, regardless of whether money has been collected or not, is determined from February 1, 2022 to the end of December 31, 2022 but after December 31, 2022 issuing invoices for revenue from construction and installation that have been tested, accepted, and handed over will fall into the case of making invoices at the wrong time and may be eligible for VAT reduction according to Decree No. 15/2022/ Decree-CP dated January 28, 2022 of the Government and will be administratively handled for the act of making invoices at the wrong time.