The Ministry of Finance responded to this issue as follows:

Pursuant to the Government's Decree No. 123/2020/ND-CP dated October 19, 2020 on invoices and documents:

Article 4 stipulates the principles of making, managing and using invoices and vouchers:

"1. When selling goods or providing services, the seller must issue an invoice to deliver to the buyer (including cases of goods and services used for promotion, advertising, samples; goods, service used to give, present, exchange, wage on behalf of employees and internal consumption (except for goods circulated internally to continue the production process); export goods in the form of lending, renting or returning goods) and must fully write the contents as prescribed in Article 10 of this Decree. In case of using e-invoices, it must follow the standard data format of the tax authorities as prescribed in Article 12 of this Decree..."

Article 13 provides for the application of electronic invoices when selling goods and providing services:

"… 3. Regulations on the application of electronic invoices, delivery notes cum internal transportation, and delivery notes sent to agents for sale in some specific cases according to management requirements are as follows:

… c) Business establishments that declare and pay VAT by the credit method have exported goods and services (including export goods processing establishments) when exporting goods and services using electronic VAT invoices.

When exporting goods for transportation to the border gate or to the place where export procedures are carried out, the establishment shall use the ex-warehousing-cum-internal transport note as a document for circulation of goods on the market. After completing the procedures for exported goods, the establishment shall issue a VAT invoice for the exported goods...".

Pursuant to Decree No. 125/2020/ND-CP dated October 19, 2020 of the Government providing for penalties for administrative violations on taxes and invoices:

Article 24 provides for penalties for violations against regulations on invoicing when selling goods and services:

"1. A warning shall be imposed for one of the following acts:

a) Invoices are issued at the wrong time but do not lead to late performance of tax obligations and there are extenuating circumstances;

… 3. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for making invoices at the wrong time but not leading to late performance of tax obligations, except for the case specified at Point a, Clause 1 of this Article.

… 4. A fine of between VND 4,000,000 and 8,000,000 shall be imposed for one of the following acts:

a) Making invoices at the wrong time as prescribed by law on invoices for selling goods or providing services, except for the case specified at Point a, Clause 1, and Clause 3 of this Article;…” 

Pursuant to the above provisions, in case your company has exported goods and services (including export goods processing establishments) when exporting goods and services, it will issue an electric VAT invoice as prescribed at Point c, Clause 3, Article 13 of Decree No. 123/2020/ND-CP dated October 19, 2020 of the Government.

In case his company violates regulations on making invoices at the wrong time when selling goods and services, it will be sanctioned according to the provisions of Article 24 of Decree No. 125/2020/ND-CP dated October 19/ 2020 of the Government.

Base on the actual situation, it is suggested to compare legal documents to comply with regulations. During the implementation process, if you still have problems, please provide documents related to the problem and contact the tax authority directly managing it for specific instructions. Pursuant to the above provisions