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Foreign-invested economic organizations and foreign-invested projects operating in Vietnam must comply with regulations on Reporting Investment Activities in Vietnam.
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The following article provides detailed guidance on compliance issues for reporting foreign investment activities in Vietnam.
Information
What compliance requirements on investment reporting do FDI enterprises need to implement?
What is an investment report?
Investment reporting is a form of implementing the investment activity reporting regime in Vietnam, within the state management of investment.
Legal basis for investment reports
- Investment Law 61/2020/QH14 of the National Assembly effective from January 01, 01;
- Decree No. 31 / 2021 / ND-CP of the Government effective from March 26, 03;
- Decree No. 122 / 2021 / ND-CP of the Government effective from January 01, 01.
- Circular 03/2021/TT-BKHDT of the Ministry of Planning and Investment effective from April 09, 04;
What is an investment monitoring report?
A monitoring report is a written report summarizing the monitoring, inspection, and evaluation activities of investment projects periodically according to plan or suddenly.
Legal basis for investment reports
- Decree No. 29 / 2021 / ND-CP of the Government effective from March 26, 03;
- Decree No. 122 / 2021 / ND-CP of the Government effective from March 01, 01;
- Circular 05/2023/TT-BKHDT of the Ministry of Planning and Investment effective from April 01, 9;
Apply
Which enterprises must submit Investment Reports and Investment Supervision Reports?
Subjects required to submit Investment Reports
The subject submitting the investment report is the economic organization implementing the investment project. Thus, only economic organizations with investment projects (with Investment Registration Certificate) need to submit the investment report.
Subjects required to submit Investment Supervision Report
According to Vietnamese law, in cases where economic organizations implementing projects using other capital sources are responsible for monitoring, inspecting and supervising investment projects, specifically: Prepare project monitoring and evaluation reports as prescribed.
Thus, economic organizations implementing investment projects with Investment Registration Certificates (IRCs) must submit Investment Reports and Investment Supervision Reports.
Perform
Instructions for submitting investment reports
Instructions for submitting investment reports
Report format: Economic organizations implementing investment projects submit reports online through the National Investment Information System.
Agency receiving report: Economic organizations implementing investment projects report to the investment registration agency and the local state management agency for statistics.
Report type, submission deadline:
- Quarterly reports are made before the 10th day of the first month of the quarter following the reporting quarter, including the following contents: Realized investment capital, net revenue, exports, imports, labor, taxes and budget payments, land and water surface use situation. (Form A.III.1)
- Annual reports are made before March 31 of the following year of the reporting year, including indicators of quarterly reports and indicators on profits, employee income, expenditures and investments in scientific research. Technology learning and development, environmental treatment and protection, origin of technology used (Form A.III.3)
See more: Instructions for registering an account to submit online Investment Reports
Step 1: Register to create an account at NATIONAL INFORMATION SYSTEM ON FOREIGN INVESTMENT
Load Registration form for creating an account of enterprises with foreign direct investment projects in Vietnam here, fill out all information and submit it at the place where the Investment Registration Certificate (IRC) is issued, usually the Department of Planning and Investment of the province or city directly under the central government.
Step 2: Log in to your account and submit the report
After being granted an account, enterprises log in and submit online reports through their accounts.
See instructions for handling and submitting reports here:
Instructions for submitting investment supervision reports
Agency receiving report: Investors prepare and submit to the investment registration agency and the focal agency performing investment supervision and evaluation of the locality where the investment project is implemented.
Report type, submission deadline:
- Periodic monitoring and evaluation report: 6 months: Submit 6-month report: before July 10 of the reporting year; Form No. 7.
- Annual periodic monitoring and evaluation report: Submit annual report: before February 10 of the following year; Form No. 02.
Project adjustment case when adjusting IRC
Submit the Monitoring and Evaluation Report before adjusting the project: Implementation form: Form No. 15 Final Evaluation Report (if any);
Penalize
Handling violations in investment reports
Handling violations in investment reports
Violations of information and reporting regime on investment activities in Vietnam:
- Failure to report investment activities or failure to report on time as prescribed: Fine from 30.000.000 copper to 50.000.000 Remedial measures: Compulsory implementation of investment activity reporting regime in case of failure to implement reporting regime.
- Dishonest and inaccurate reporting on investment activities. Fine from 30.000.000 VND to 50.000.000 VND.
Handling violations in investment monitoring and evaluation reports
Violations of information and reporting regime on investment activities in Vietnam:
- Making investment monitoring and evaluation reports not on time or with incomplete content as prescribed: Fine from 20.000.000 copper to 30.000.000 Remedial measures: Forced to supplement missing contents in case the investment monitoring and evaluation report is incomplete.
- Failure to implement the regime of periodic investment monitoring and evaluation reporting as prescribed: Fine from VND 20.000.000 to VND 30.000.000; Remedial measures: Forced to implement the regime of periodic investment monitoring and evaluation reporting;
