Decree 254/2026/ND-CP on electronic invoices replacing Decree 123 from July 1, 2026, has supplemented many new provisions to complete the legal framework for electronic invoices and documents according to the Law on Tax Administration 2025. In the article below, Viet An Law Firm will summarize and analyze the notable points of Decree 254/2026/ND-CP on Electronic Invoices in Vietnam from July 1, 2026 so that taxpayers can easily apply the correct regulations. One of the main concerns is the timing of issuing invoices, alongside other new e-invoice regulations 2026.
According to Clause 2, Article 9 of Decree 254/2026/ND-CP on Electronic Invoices in Vietnam from July 1, 2026, the time of invoice issuance for service provision is the time of completing the service provision (including service provision for foreign organizations and individuals), regardless of whether money has been collected or not. In which, it is necessary to note:
In case the service provider collects money before or during the service provision, the time of invoice issuance is the time of collecting money (excluding the case of collecting deposits according to the Civil Code to secure the performance of the service provision contract).
Thus, the time of invoice issuance when providing services is the time of completing the service provision, regardless of whether money has been collected or not. In case the service provider collects money before or during the service provision, the time of invoice issuance is the time of collecting money.
However, this regulation does not include the case of collecting deposits according to the Civil Code 2015 to secure the performance of the service provision contract.
Meanwhile, according to the old regulation at Point a, Clause 6, Article 1 of Decree 70/2025/ND-CP amending Clause 2, Article 9 of Decree 123/2020/ND-CP, this time of invoice issuance does not include the case of collecting deposits/advances to secure the performance of service contracts for specific services:
Therefore, when an enterprise only receives a deposit to secure the conclusion and performance of a contract, it is not yet required to issue an invoice at the time of receiving the deposit, and this is not only applicable to specific services as before.
Point a, Clause 4, Article 9 of the e-invoicing Decree 254 Vietnam has added services with large quantities, arising frequently, requiring time to reconcile data between enterprises selling goods, providing services, and clients, partners including:
The decree for the first time includes new industry groups subject to the use of electronic invoices without the tax authority’s code, including crypto asset services; services supporting transactions on carbon trading platforms,…
According to Point m, Clause 4, Article 9 of Decree 254/2026/ND-CP, it has supplemented the case where medical examination and treatment facilities can aggregate and issue electronic invoices for medical services performed during the day when the person coming for medical examination and treatment performs services with printed receipts such as scanning and screening.
Accordingly, conditions for aggregating and issuing electronic invoices at the end of the day for medical services performed during the day include:
Conversely, if the client has the demand to get an invoice, the medical examination and treatment facility shall issue an electronic invoice and give it to the client.
Based on the appendix on invoice contents issued with the e-invoicing Decree 254/2026/ND-CP, some new regulations on electronic invoices are prescribed as follows:
Invoice contents must have: Name, code, address of the business location.
According to the new provision at Point b, Clause 4 of the Appendix issued with Decree 254/2026/ND-CP, in this case, the seller must not leave the buyer information blank but must clearly write on the invoice as “Sold to consumers”.
Conversely, if the buyer provides a name, address, and personal identification number, the invoice must show the name, address, and personal identification number. For buyers who are foreigners, the information on the passport number/immigration documents and nationality of the client must be shown.
According to Article 6 of Decree 254/2026/ND-CP detailing subjects using decree 254/2026/ND-CP e-invoices, including:
Thus, the new regulation has added the case of business households and business individuals with an annual revenue of over 1 billion VND or selling assets requiring registration of ownership and use rights strictly applying electronic invoices with the tax authority’s code or electronic invoices initialized from cash registers connected with the tax authority’s data. This regulation is to align with Decree 68/2026/ND-CP, amended and supplemented by Decree 141/2026/ND-CP.
For business households and business individuals with a revenue of 1 billion VND or less, if they meet the conditions and have the demand, they are allowed to register to use electronic invoices with the tax authority’s code or electronic invoices from cash registers connected with data.
Article 7 of Decree 254/2026/ND-CP stipulates 08 cases not required to use electronic invoices from July 1, 2026, as follows:
Selling goods, services subject to making a purchase list (according to the Law on Corporate Income Tax), unless registered to use electronic invoices.
Leasing real estate or providing digital information content products/services (entertainment, games, movies, music, advertising…) to foreign organizations and individuals.
Households/individuals acting as agents for lotteries, insurance, multi-level marketing whose tax has been withheld by the managing enterprise.
Fees/income from reinsurance, accepting deposits, debt sales, foreign exchange transactions, and derivative products. Issuance: certificates of deposit, primary securities, valuable papers. (Particularly for selling foreign currency: make a detailed summary table at the end of the month to present when requested by the tax authority).
Business organizations and individuals contributing capital by assets into economic organizations.
Asset transfer between the parent company and dependent units, or among dependent units. Asset transfer upon division, splitting, consolidation, merger, or conversion of enterprise types.
Machinery, equipment (fixed assets), tools, and instruments lent without charge, without transferring ownership for processing purposes.
These new regulations on electronic invoices help reduce administrative procedures for transactions that do not have the nature of buying and selling goods, providing services, or transactions that already have separate management mechanisms, thereby saving compliance costs for enterprises, organizations, and business households and individuals.
However, falling into the case of not having to issue an electronic invoice does not mean being exempt from all obligations regarding documents, accounting, and tax. Taxpayers must still compile and fully retain records, lists, and proving documents as prescribed to serve the management and inspection work of the tax authority when necessary.
According to Clause 1, Article 28 of Decree 254/2026/ND-CP, cases of using electronic document services for free include:
Thus, compared to Article 34 of Decree 123/2020/ND-CP amended and supplemented by Decree 70/2025/ND-CP, the new regulation has supplemented the content that business households and business individuals employing under 10 employees and not falling into the cases of using electronic invoices can use it for free to support small business households and individuals in using electronic invoices.
Clause 2, Article 6 of Decree 254/2026/ND-CP stipulates that the tax authority grants electronic invoices with a code for each arising time for some cases, such as:
Non-business organizations: Having transactions of selling goods and services subject to tax.
Business households, individuals, or organizations paying tax by the direct method falling into the categories of:
Organizations paying tax by the deduction method but falling into 05 special cases (similar to the above):
State organizations and agencies (not paying deductive tax) auctioning assets: When the approved winning auction price is the price including VAT (excluding public assets).
Applicable when the agency assigned to handle public assets is a VAT payer but is being enforced by the measure of stopping the use of invoices.
This is a completely new point stipulated in Article 41 of Decree 254/2026/ND-CP adding specific regulations on considering rewards for consumers who report sellers for not issuing and handing over electronic invoices when buying and selling goods and services.
People providing accurate information, helping the tax authority issue a sanctioning decision, will be rewarded no more than 10% of the fine amount, up to a maximum of 10,000,000 VND/case.
Previously, Decree 123/2020/ND-CP did not have a separate regulation on this direct financial reward mechanism for consumers.
According to Article 44 of Decree 254/2026/ND-CP, paper receipts in the form of self-printing or ordered printing according to the provisions in Decree 123/2020/ND-CP that have not been fully used can continue to be used until the end of December 31, 2026.
From January 1, 2027, all unused paper receipts must be destroyed. Organizations using paper receipts must convert to apply electronic receipts according to the standard data format.
The above are the new points in Decree 254/2026/ND-CP on Electronic Invoices in Vietnam from July 1, 2026. If you have any problems or need detailed advice on applying the new regulations or using tax accounting services, Viet An Law Firm is always ready to accompany and provide appropriate and timely legal solutions for our clients.
