Report on investment activities

Reporting entities (Article 72 of Law on investment 2020):

- Ministries, ministerial agencies, and provincial People’s Committees;

- Investment registration authorities;

- Investors and business entities executing investment projects as prescribed in Law on investment 2020.

Periodic reports:

- Investors and business entities executing investment projects shall submit quarterly and annual reports to investment registration authorities and local statistical agencies on the investment project execution, which specify: investment capital, investment results, employees, payment to the government budget, investment in R&D, environmental protection, and other professional indicators;

- Investment shall submit quarterly and annual reports to the Ministry of Planning and Investment and provincial People’s Committees on receipt of applications, issuance, adjustment, and revocation of investment registration certificates and the operation of investment projects under their management;

- Provincial People’s Committees shall submit quarterly and annual consolidated reports on local investment to the Ministry of Planning and Investment;

- Ministries and ministerial agencies shall submit quarterly and annual reports on issuance, adjustment, and revocation of investment registration certificates and equivalent papers (if any) under their management; and on investment activities under their management to the Ministry of Planning and Investment, which submit a consolidated report to the Prime Minister;

- The Ministry of Planning and Investment shall submit an annual report to the Prime Minister on investment nationwide and adherence to regulations on investment reporting.

Note:

+ Agencies, investors, and business entities shall make reports in writing via the national investment information system.

+ Agencies, investors, and business entities mentioned in Clause 1, Article 71 of Law on investment 2020 shall make ad hoc reports at the request of competent authorities.

+ If a project is exempt from the investment registration certificate, the investor shall submit a report to the investment registration authority before commencement of the project execution.

Contents of reports and reporting period of investment authorities (Article 101 of Decree No.31/2021/ND-CP)

Reports submitted by investment registration authorities to provincial People’s Committees include:

• Quarterly reports made before the 15th of the first month of the quarter succeeding the reporting quarter, which specify: receipt of applications, issuance, adjustment and revocation of investment registration certificates, and status of the investment projects;
• Annual reports made before April 10 of the year succeeding the reporting year, which specify: assessment of investment over the whole year, the expected plan for attraction and disbursement of investment capital for the next year, and a list of investment projects in which investors are currently interested.

Note: Every quarter and every year, the People’s Committee of each province shall consolidate reports submitted by investment registration authorities under their management in order to report to the Ministry of Planning and Investment after 05 working days from the deadline for investment registration authorities to report.

Regulatory bodies shall provide information for the Ministry of Planning and Investment as follows:

• The Ministry of Finance shall quarterly provide information on issuance, adjustment, and revocation of investment registration certificates or equivalent documents of insurers and securities companies; consolidate annual financial statements of foreign-invested business organizations nationwide to make annual reports on norms related to export, import, financial status and amounts payable to the state budget of foreign-invested business organizations. The reporting time is prior to the 12th of the first month of the quarter succeeding the reporting quarter in the case of quarterly reports and 31 May of the year succeeding the reporting year;
• The Ministry of Industry and Trade shall submit quarterly reports on issuance, adjustment of investment registration certificates, termination, and business outcomes of foreign investment projects in the field of petroleum exploration and extraction in Vietnam before the 15th of the first month of the quarter succeeding the reporting quarter;
• The Ministry of Justice shall submit quarterly reports on issuance and adjustment of investment registration certificates, shutdown and business outcomes of branches and law firms before the 15th of the first month of the quarter succeeding the reporting quarter;
• The State Bank of Vietnam shall submit quarterly reports on issuance and adjustment of investment registration certificates, shutdown and business outcomes of commercial presences in Vietnam of foreign finance companies and foreign credit institutions before the 15th of the first month of the quarter succeeding the reporting quarter;
• The Ministry of Labor, War Invalids and Social Affairs shall submit annual reports on registration and licensing of foreign workers in foreign-invested business organizations before April 15 of the year succeeding the reporting year;
• The Ministry of Science and Technology shall submit annual reports on technology transfer by foreign-invested business organizations before April 15 of the year succeeding the reporting year;
• Provincial People’s Committees shall submit to the Ministry of Planning and Investment and Ministry of Natural Resources and Environment annual reports on allocation and lease of land to and use of land by foreign-invested business organizations before April 15 of the year succeeding the reporting year.

The Ministry of Planning and Investment shall annually consolidate and submit reports on nationwide investment to the Prime Minister as set out in Point dd Clause 2 Article 72 of the Law on Investment 2020.

Contents of reports and reporting period of business organizations executing investment projects (Article 102 of Decree No.31/2021/ND-CP)

- Business organizations executing investment projects shall submit reports to local investment registration authorities and statistics authorities.

- Quarterly reports shall be submitted by the 10th of the first month of the quarter succeeding the reporting quarter, which specifies: capital, net revenue, export, import, workers, taxes, amounts payable to state budget, use of land, and water surface.

- Each annual report shall be submitted by March 31 of the next year, which specifies: information on the quarterly reports, profit, income of workers, expenditures on and investment in scientific research and technology development, environmental protection, environmental issues resolution, and origins of technologies used.

The above is the report on investment activities in Vietnam in HNLAW & PARTNERS Law Firm. If the business still has problems, unknowns, or needs other legal assistance, please contact the online legal consulting department through the hotline: 0912.918.296 for answers. We hope to receive the cooperation of customers!

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