⚠️ ENTERPRISES GIVING GIFTS TO CUSTOMERS:
DO NOT CONFUSE “GIFTS” WITH “PROMOTIONS”?
📌 Enterprises should take note when giving gifts, samples or promotional goods.
In business operations, giving goods to customers is a common practice, such as customer appreciation gifts,
samples, trial products or promotional goods.
However, many enterprises still mistakenly believe that:
“If goods are given free of charge, no invoice is required.”
In practice, according to guidance from the tax authority, an e-invoice must still be issued for goods given to
customers. The key point is that enterprises need to correctly determine the nature of the gifted goods in order
to apply the appropriate Value-Added Tax (VAT) treatment.
This matter was guided by the Can Tho City Tax Department in Official Letter No. 6152/CTH-QLDN1 on the
issuance of invoices for goods given to customers, based on Decree No.181/2025/NĐ-CP on Value-Added
Tax and Decree No. 254/2026/NĐ-CP on e-invoices and e-documents.
🧾 1. Must an invoice be issued for goods given to customers as gifts?
The answer is: Yes.
Under the regulations on e-invoices, when selling goods or providing services, the seller must issue an e-invoice
to the buyer. This requirement also applies where goods or services are used for:
- 🎁 Gifts, donations or presents;
- 🎯 Promotions, advertising or samples;
- 🔄 Exchange;
- 👥 Payment of wages to employees in kind;
- 🏢 Internal consumption;
- 📦 Goods delivered for lending or borrowing purposes.
Therefore, enterprises should not assume that goods given “free of charge” are not subject to invoice issuance.
💰 2. VAT taxable price for goods used as gifts, donations or presents
Pursuant to Decree No. 181/2025/NĐ-CP, for goods and services used for exchange, internal consumption, gifts,
donations or presents, the VAT taxable price is the taxable price of goods or services of the same or equivalent
type at the time the activity arises.
💡 Simply put
If an enterprise gives goods to customers but the goods are not part of a lawful promotional programme, the
transaction should be treated as ordinary gifts, donations or presents.
In that case, the enterprise should:
- 🧾 Issue e-invoices;
- 💰 Determine the VAT taxable price based on the price of goods of the same or equivalent type;
- 📄 Declare VAT in accordance with regulations;
- 📂 Retain documents supporting the issuance of the gifted goods.
🎯 3. Promotional goods: the VAT taxable price may be zero
Not all cases of giving goods require VAT to be calculated based on the normal selling price.
Where goods or services are used for promotional purposes in accordance with the laws on commerce, the VAT
taxable price may be determined as 0.
Example: Giving goods or providing services free of charge under a valid promotional programme.
⚠️ Important note
To apply a VAT taxable price of zero, the enterprise should maintain documents proving that the promotional
programme complies with the laws on commerce.
Without valid promotional documents, the gifted goods may be treated as ordinary gifts, donations or presents,
and VAT may have to be calculated based on the price of goods of the same or equivalent type.
📌 4. Quick comparison between ordinary gifts and promotional goods
| Item | Ordinary gifts, donations or presents | Promotional goods in compliance with regulations |
|---|---|---|
| Nature | Given to customers or partners but not under a valid promotional programme | Given under a promotional programme in compliance with the laws on commerce |
| Is an invoice required? | Yes | Yes |
| VAT taxable price | Based on the price of goods of the same or equivalent type | Maybe 0 |
| Documents to be retained | Gift decision, list of recipients, warehouse issue notes and invoices | Promotional dossier, list of gifted goods, warehouse issue notes and invoices |
| Common risks | Failure to issue invoices or incorrect determination of the VAT taxable price | No valid promotional dossier is available, but the VAT taxable price is still recorded as zero |
📄 5. Is it permissible to issue a consolidated invoice?
According to the guidance on invoice contents under Decree No. 254/2026/NĐ-CP, for promotional goods or services, or
goods or services used as gifts, donations or presents in accordance with the law, enterprises may issue a consolidated
invoice for transactions arising during the month or quarter, corresponding to the VAT declaration period.
However, enterprises must:
- 📊 Fully and accurately reflect the transactions arising;
- 📋 Retain a detailed list of promotional goods and services, or goods and services used as gifts, donations
or presents; - 📂 Retain relevant supporting documents;
- 📝 Provide documents upon request by the tax authority.
🚫 6. Common mistakes
Enterprises often make the following mistakes:
- ❌ Giving goods to customers without issuing invoices;
- ❌ Recording the VAT taxable price as zero without valid promotional documents;
- ❌ Failing to maintain a list of customers who received the gifts;
- ❌ Failing to prepare a formal decision or policy on the gifting of goods;
- ❌ Confusing samples, gifts and promotional goods;
- ❌ Failing to reconcile goods issued from inventory, invoices and accounting records.
These mistakes may result in risks during tax inspections or tax audits.
✅ 7. What should enterprises need to do?
To mitigate risks, enterprises should:
- 🔎 Clearly determine whether the goods issued are ordinary gifts, donations or presents, or promotional goods;
- 📂 Prepare promotional documents if they wish to apply a VAT taxable price of zero;
- 🧾 Issue e-invoices in accordance with regulations;
- 💰 Correctly determine the VAT taxable price;
- 📦 Retain warehouse issue notes, lists of customers receiving the goods, invoices and relevant supporting documents;
- 📋 Prepare a detailed schedule if using a consolidated invoice.
💡 Practical perspective from MBA Audit
Gifted goods, samples and promotional goods may seem simple, but they can easily give rise to risks during
tax inspections or tax audits.
The key issue is not whether payment is collected, but whether the enterprise issues invoices correctly and
retains sufficient documents to prove the nature of the transaction.
If the goods are part of a valid promotional programme, appropriate promotional documents are required.
Otherwise, the gifted goods may be treated as ordinary gifts, donations or presents, and VAT may have
to be calculated based on the price of goods of the same or equivalent type.
🤝 How can MBA Audit support enterprises?
MBA Audit supports enterprises with:
- 📌 Reviewing invoice issuance for goods used as gifts, donations or presents;
- 📌 Reviewing documents relating to promotional goods, samples and gifted goods;
- 📌 Advising on how to determine the VAT taxable price;
- 📌 Reviewing e-invoices and warehouse issue notes;
- 📌 Standardising procedures for gifting goods and running promotional programmes;
- 📌 Supporting explanations with the tax authority when necessary.
📞 Proactive early review helps mitigate risks related to invoices and VAT.
Contact MBA Audit for support in reviewing your documents and advising on the most appropriate solution.
📌 Note
This article has been prepared based on Official Letter No. 6152/CTH-QLDN1 issued by the Can Tho City Tax Department,
Decree No. 181/2025/NĐ-CP on VAT and Decree No. 254/2026/NĐ-CP on e-invoices and e-documents. The application to
each specific case should be determined based on actual documents, the nature of the transaction and the legal regulations
in force at the relevant time.
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