Scenario: a packaging-manufacturing FDI company in Hai Phong receives its Enterprise Registration Certificate on a Monday and signs its first contract that Friday — but cannot issue an invoice. Its e-invoice registration sits at “pending verification”, and its tax code is flagged for a head-office address check because the leased office building has no company signboard yet. Three more weeks pass before the first invoice goes out, nearly costing the contract. For new enterprises, the Tax Department rarely stalls on issuing the tax code itself — the jam happens in the steps right after.
What the tax authority does with newly established enterprises
The tax authority manages the entire tax lifecycle of an enterprise: tax registration and tax-code issuance, initial tax filings, approval of e-invoice use, head-office address verification, and risk classification of new taxpayers. The current framework is Law No. 108/2025/QH15 on Tax Administration (passed 10 December 2025, effective 1 July 2026), replacing the expired Law No. 38/2019/QH14.
A favourable change for new enterprises: tax registration runs through a one-stop inter-agency mechanism — the authority receiving the enterprise registration dossier (the Business Registration Office) transmits registration data electronically to the tax authority between the National Business Registration Information System and the Tax Administration Information System. The enterprise code doubles as the tax code, so no separate tax registration dossier is needed after the ERC. For individuals, the new law uses the personal identification number as the tax code.
The rules: how many days does the law allow?
For direct tax registration with the tax authority (outside the business-registration linkage), the decree implementing Law No. 108/2025/QH15 provides: with a complete tax registration dossier, the tax authority notifies acceptance and resolves the file within 03 working days at the latest from receipt of the complete dossier; with an incomplete dossier, the tax authority notifies the taxpayer within 02 working days at the latest from receipt. At registration, the tax authority also collects and analyses information on the legal representative and business owner to classify the taxpayer’s risk level from day one.
On e-invoices: an enterprise must register to use e-invoices before issuing any (Clause 3, Article 4 of Decree No. 254/2026/ND-CP). The acceptance process runs through system cross-checks within 01 working day, taxpayer confirmation, and the tax authority’s acceptance notice (Article 6 of Circular No. 91/2026/TT-BTC). The duty to issue e-invoices arises from the acceptance date, for every sale of goods or provision of services.
Reality: how long does it take, and where does it stall?
In practice (observed durations, not legal rules): the linked tax code usually arrives together with the Enterprise Registration Certificate. But smooth operation — issuing invoices, filing returns — typically takes another 1–3 weeks. Four bottlenecks specific to the tax authority:
First, head-office address verification. The biggest current bottleneck. The tax authority physically checks the registered business location; an enterprise “not operating at its registered address” gets its tax code locked — no invoices, no filings. Virtual offices, borrowed addresses and signboard-less premises are flagged high-risk. To unlock, the enterprise must contact the tax authority, prove the address and settle outstanding tax and invoice obligations; the tax code is restored within 03 working days of full compliance (Circular No. 90/2026/TT-BTC).
Second, first-time e-invoice registration flagged for risk review. New taxpayers may be asked to explain and supplement information before being approved for e-invoice use — especially where the legal representative was previously linked to absconded or tax-indebted enterprises. This explanation round has no fixed deadline and commonly delays invoicing by a month.
Third, digital signatures and the e-tax account. Electronic filing requires a digital signature; FDI companies typically need 3–5 working days to purchase and activate one and register on the e-tax system. Many leave this until the first filing deadline and scramble.
Fourth, initial filing: choosing the wrong VAT method. New enterprises must register their VAT calculation method (credit or direct) and filing period from the start. A wrong choice means adjustments, explanations and possible tax assessments for elapsed periods.
How to get through the tax gate quickly
Lease a real office: a valid lease contract, a company signboard at the registered address, and someone present when the tax authority inspects. Register for e-invoice use immediately after the ERC — not when the first contract is signed. Buy the digital signature and register the e-tax account in the first week. Keep the legal representative’s documents ready (valid passport and visa) for any explanation request. And most importantly: file the first return on time even with zero revenue — a timely nil return beats a late one.
Frequently asked questions
Can an enterprise with an ERC but no tax registration issue invoices?
No. The enterprise must complete initial tax registration and be approved for e-invoice use before issuing invoices. Issuing invoices before approval can draw invoice-related penalties.
How is a tax code locked for “not operating at the registered address” handled?
Contact the directly managing tax authority immediately, supplement proof of the real operating address (lease contract, payment receipts, photos of the signboarded premises) and settle outstanding tax and invoice obligations. The tax code is restored within 03 working days of full compliance (Circular No. 90/2026/TT-BTC).
Does an FDI company need separate tax registration outside the linkage?
Normally no — the tax code is issued together with the Enterprise Registration Certificate through electronic linkage. Cases requiring direct registration include foreign contractors, contractors’ operating offices, and organisations not subject to enterprise registration.
Are late first tax filings penalised?
Yes. Late filing of tax returns draws administrative penalties scaled to the delay, even for nil-tax periods. New enterprises should file on time from the very first period to avoid a risk flag.
