On the basis of the amendments introduced by Decree No. 70/2025/ND-CP on invoices and electronic documents (“Decree 70”)—which ATA Legal Services has previously updated to readers (You may refer to the full content here DECREE 70/2025/ND-CP: STRENGTHENING THE MANAGEMENT OF SALE INVOICE ISSUANCE FOR INDIVIDUAL CONSUMERS) — on May 31, 2025, the Ministry of Finance officially issued Circular No. 32/2025/TT-BTC (“Circular 32”) guiding the implementation of several provisions of the Law on Tax Administration, Decree No. 123/2020/ND-CP on invoices and documents, and Decree No. 70/2025/ND-CP dated March 20, 2025, amending and supplementing several articles of Decree No. 123/2020/ND-CP. Notable highlights of the Circular include:
1. Removal of the “related-party relationship” requirement in invoice authorization activities
Circular 32 only requires that the authorized party meet the conditions for using electronic invoices and is not subject to suspension from using e-invoices as prescribed, in order to issue electronic invoices for the sale of goods and provision of services.
This new regulation expands the scope of parties eligible for e-invoice authorization, thereby providing more flexibility and convenience for sellers in choosing authorized parties to issue e-invoices, without being restricted by related-party requirements as previously applied.
2. Detailed guidance on cases where electronic invoices may be issued on a periodic basis
Under Point a, Clause 4, Article 9 of Decree 123/2020/ND-CP, as amended by Decree 70/2025/ND-CP, the Government stipulates the timing for issuing e-invoices in cases involving high-frequency, high-volume transactions requiring data reconciliation between sellers and their customers/partners. In addition to the cases already stated in the Decree, Circular 32 further specifies additional scenarios where e-invoices may be issued periodically, including: The sale and provision of derivative products under regulations on credit institutions, securities, and commercial laws; Transactions governed by VAT regulations; Provision of industrial catering services; Services provided by commodity exchanges; Credit information services; and Passenger transport services by taxi (where the customers are enterprises or organizations).
3. Detailed guidance on criteria for identifying high-risk taxpayers in e-invoice registration
Decree 70/2025/ND-CP requires high-risk taxpayers to explain and provide additional information and documents upon registering to use e-invoices.
Circular 32 details the criteria used to identify high-risk taxpayers, which serve as the basis for determining whether an explanation is required. A taxpayer is considered high-risk if any of the following conditions are met:
(i) The taxpayer's owner or legal representative (or equivalent) is also the owner/legal representative of another entity that has been officially concluded by authorities to have committed invoice fraud based on the tax authority’s database.
(ii) The taxpayer's owner/legal representative appears on the list of suspicious transactions under the Law on Anti-Money Laundering.
(iii) The taxpayer registers its head office at a non-specific address under administrative boundaries or in an apartment building (unless permitted for business purposes under law), or has a business location outside the city/province where its head office/branch is located.
(iv) The taxpayer's owner/legal representative is also the owner/legal representative of another taxpayer listed as “Inactive taxpayer pending tax code termination” or “Not operating at registered address,” or has committed violations related to taxes, invoices, or documents as guided by the Ministry of Finance.
(v) The taxpayer shows other risk indicators identified and notified by the tax authority, along with a request for explanation.
4. Transitional measures for registrations made under previous regulations
- From June 1, 2025, entities responsible for withholding personal income tax must cease using previously valid e-certificates of tax withholding and shift to using e-certificates in accordance with Decree No. 70/2025/ND-CP.
- For businesses engaged in direct sales of goods and services to end consumers (e.g., shopping malls, supermarkets, retail outlets (excluding automobiles, motorbikes, and other motor vehicles), food services, restaurants, hotels, passenger transport services, logistics support services, entertainment, cinema, or other personal services as defined under the Vietnamese economic classification system) that registered for e-invoices (coded or uncoded) before June 1, 2025, they may choose to either: Shift to using e-invoices generated from cash registers as prescribed by Decree 70/2025/ND-CP; or continue using the e-invoices already registered with the tax authority.
Circular 32 takes effect on June 1, 2025, and replaces Circular No. 78/2021/TT-BTC dated September 17, 2021, issued by the Ministry of Finance.
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