Vietnamese businesses are entering a new legal framework for electronic invoices. From 1 July 2026, Decree 123/2020/ND-CP and Decree 70/2025/ND-CP expired (Article 43(2) of Decree 254/2026/ND-CP), replaced by a new framework: Decree 254/2026/ND-CP (effective 1 July 2026, guiding the Law on Tax Administration 108/2025) and Circular 91/2026/TT-BTC. The new framework keeps two parallel types of e-invoices — coded and uncoded invoices of the tax authority — but their control mechanisms, applicable users and data-submission duties differ fundamentally.
Rule number one: cite only instruments still in force
When researching e-invoices from 1 July 2026, every legal basis must come from an instrument still in force. Decree 123/2020/ND-CP, Circular 78/2021/TT-BTC and Decree 70/2025/ND-CP are no longer current bases — citing them as applicable rules is wrong. The current framework consists of:
- Decree 254/2026/ND-CP (effective 1 July 2026) — guiding the Law on Tax Administration 108/2025/QH15;
- Circular 91/2026/TT-BTC — detailed guidance on electronic invoices.
Coded invoices: the tax authority issues the code before use
The defining feature of a coded e-invoice: the seller must send the invoice to the tax authority to obtain a code before the invoice may be used. The tax authority code is the identifier on each invoice number, ensuring the invoice is recorded in the tax authority system from the moment of issuance. In short: coded invoices are controlled before use.
Uncoded invoices: the seller submits invoice data to the tax authority
With an uncoded e-invoice, the seller need not wait for a code before using the invoice. Instead, the seller has a duty to submit invoice data to the tax authority as prescribed — the invoice is used first, the data transmitted afterwards within the statutory deadline. This is a legal obligation, not a voluntary procedure: uncoded invoices are controlled after use through the data-submission duty.
Quick comparison
- Control point: coded — before use (code issuance); uncoded — after use (data submission);
- Role of the code: coded — the tax authority code is a condition for a validly issued invoice; uncoded — the invoice is valid without a code, in exchange for the data-submission duty;
- Key risk: coded — bottlenecks in code issuance if systems fail; uncoded — breaching the deadline for data submission.
Transitional rule: paper receipts until 31 December 2026
Decree 254/2026/ND-CP provides a transition: paper receipts under Decree 123/2020/ND-CP may continue to be used until 31 December 2026. After that date, transactions required to use e-invoices must fully comply with the new framework. Businesses still using paper receipts should plan their migration during the last quarter of 2026.
What businesses should do
- Identify which invoice type applies: check Decree 254/2026 and Circular 91/2026 to see whether you must use coded invoices or may use uncoded ones;
- If using uncoded invoices: ensure your system submits invoice data to the tax authority completely and on time;
- If using coded invoices: control the “obtain the code before issuing” workflow in your accounting software;
- Update all internal references: stop citing expired instruments in internal documents and contracts — switch to Decree 254/2026 and Circular 91/2026.
Frequently asked questions
Does Decree 123/2020 still apply to e-invoices?
No. Decree 123/2020 and Decree 70/2025 expired on 1 July 2026 (Article 43(2) of Decree 254/2026). The current framework is Decree 254/2026 and Circular 91/2026.
How long may paper receipts still be used?
Until 31 December 2026 under the transitional provisions of Decree 254/2026.
Legal bases: Decree 254/2026/ND-CP (Article 43(2), transitional provisions); Circular 91/2026/TT-BTC; Law on Tax Administration 108/2025/QH15.
Need help reviewing tax and e-invoicing obligations, or family-law matters for individuals and businesses? Reach us via the Contact page of FLAT Law Firm.
The information above is for reference only and does not constitute legal advice. Each specific situation should be assessed separately by a lawyer.
The legal content of this article was reviewed by FLAT’s AI Legal Council and submitted to the owner for approval; this is not the opinion of a human lawyer and does not replace legal advice for specific cases.
