Foreign-invested economic organizations and foreign-invested projects operating in Vietnam must comply with regulations on reporting investment activities in Vietnam. This article provides detailed guidance on the requirements for reporting foreign investment activities in Vietnam.
Information
What investment reporting compliance requirements do FDI enterprises need to fulfill?
1. What is an investment report?
Investment reporting is a form of reporting on investment activities in Vietnam, falling under the purview of state management of investment.
Legal basis for investment reports
- Investment Law 61/2020/QH14 The National Assembly's decision takes effect from January 1, 2021;
- Decree No. 31 / 2021 / ND-CP Government regulations effective from January 1, 2021;
- Decree No. 122 / 2021 / ND-CP Government regulations take effect from January 1, 2022.
- Circular 03/2021/TT-BKHĐT of the Ministry of Planning and Investment, effective from September 1, 2021;
2. What is an investment monitoring report?
A monitoring report is a document that summarizes the activities of monitoring, inspecting, and evaluating investment projects periodically, according to plan or on an ad hoc basis.
Legal basis for investment reports
- Decree No. 29 / 2021 / ND-CP Government regulations effective from January 1, 2021;
- Decree No. 122 / 2021 / ND-CP Government regulations effective from January 1, 2022;
- Circular 05/2023/TT-BKHĐT of the Ministry of Planning and Investment, effective from September 1, 2023;
🎯 Apply
Which businesses are required to submit Investment Reports and Investment Monitoring Reports?
1. Entities required to submit Investment Reports
This refers to economic organizations implementing investment projects. Therefore, only economic organizations with investment projects (those holding an Investment Registration Certificate) are required to submit investment reports.
2. Entities required to submit Investment Monitoring Reports
According to Vietnamese law, economic organizations implementing projects using other sources of capital are responsible for monitoring, inspecting, and supervising the investment project. Specifically,Prepare project monitoring and evaluation reports as required.
Therefore, economic organizations implementing investment projects with an Investment Registration Certificate (IRC) must submit an Investment Report and an Investment Monitoring Report.
⚙️ Execution
Instructions for submitting investment reports and investment monitoring reports.
1. Instructions for submitting investment reports
Submission form: Economic organizations implementing investment projects submit reports online through the National Information System on FDI Investment.
Reporting agency: Economic organizations implementing investment projects must report to the investment registration authority and the local state management agency responsible for FDI statistics.
Type of report, submission deadline:
- Quarterly reports must be completed before the 10th of the first month of the quarter following the reporting quarter. They should include the following information: realized investment capital, net revenue, exports, imports, labor, taxes and other budget payments, and land and water use status. (Form A.III.1)
- The annual report must be completed before March 31st of the year following the reporting year. It includes quarterly report indicators and indicators on profit, employee income, expenditures and investments in scientific research and technological development, environmental treatment and protection, and the origin of the technology used (Form A.III.2).
See also: Instructions for registering an account to submit Investment Reports online
➡️ Step 1: Register to create an account at NATIONAL INFORMATION SYSTEM ON FOREIGN INVESTMENT
Load Application form for creating an account for businesses with foreign direct investment projects in Vietnam. Here, fill in all the information and submit it to the Investment Registration Certificate (IRC) issuing authority, usually the Department of Planning and Investment of the province or centrally-governed city.
➡️ Step 2: Log in to your account and submit the report
After being granted an account, businesses can log in and submit reports online through their company account.
View instructions on how to use and submit the report here:
2. Instructions for submitting investment monitoring reports
Reporting agency: Investors prepare and submit the documents to the investment registration authority and the focal agency responsible for monitoring and evaluating investment in the locality where the investment project is implemented.
Type of report, submission deadline:
- Periodic monitoring and evaluation report: 6 months: Submit the 6-month report before July 10th of the reporting year; Form No. 13.
- Annual monitoring and evaluation report: Submit annual report before February 10th of the following year; Form No. 17.
Project adjustments when amending the IRC.
Submit the Monitoring and Evaluation Report before adjusting the project: Form to be used: Form No. 15 Final Evaluation Report (if applicable);
⚠️ Penalty amount
Handling violations in investment reports.
1. Violations in investment reporting
- Failure to submit investment activity reports or submitting reports late as required: Fines ranging from... 30.000.000 copper arrived 50.000.000 VND; Remedial measures: Mandatory implementation of investment activity reporting requirements in cases where reporting requirements are not met.
- Making untruthful or inaccurate reports about investment activities will result in a fine of VND 30.000.000 to VND 50.000.000.
2. Violations in investment monitoring and evaluation reports
- Failure to submit investment monitoring and evaluation reports on time or with incomplete content as prescribed: Fines ranging from... 20.000.000 copper arrived 30.000.000 VND; Remedial measures: Mandatory supplementation of missing content in cases where the investment monitoring and evaluation report is incomplete.
- Failure to implement the prescribed periodic investment monitoring and evaluation reporting regime: Fine from VND 20.000.000 to VND 30.000.000; Remedial measures: Mandatory implementation of the periodic investment monitoring and evaluation reporting regime;