Periodic investment supervision reports are indispensable tools for supervising the progress and effectiveness of investment programs and projects. Preparing periodic investment supervision reports helps investors, financial institutions, and state management agencies grasp the project implementation status, evaluate investment efficiency, and promptly propose appropriate adjustment measures. In the article below, Viet An Law Firm provides primaly consulting periodic investment supervision reports in Vietnam.
Table of contents
According to the provisions of Clause 1, Article 3 of Decree No. 29/2021/ND-CP:
“Investment supervision is the activity of supervision and inspecting investment. Investment supervision includes supervision of investment programs and projects and overall investment supervision.”
Specifically, investment supervision includes supervision of investment programs and projects and overall investment supervision. The legal basis for preparing periodic investment supervision reports currently in Vietnam is stipulated in the following legal documents:
The obligation to prepare investment assessment and supervision reports is imposed on the following entities:
The preparation of periodic investment supervision reports is mainly carried out in two main stages: Investment implementation stage and Operation stage (6 months, a whole year).
Unlike the Investment Activity Report which is done online, the Investment Supervision Report is actively done by the investor in the form of a paper file and submitted to the Department of Planning and Investment which manages the enterprise’s investment registration certificate.
To prepare a periodic investment supervision report, it is necessary to follow the investment supervision and assessment report template in Circular 05/2023/TT-BKHDT issued by the Ministry of Planning and Investment on June 30, 2023, regulating the investment supervision and assessment report template. Accordingly, this circular has issued a total of 19 investment supervision report templates. In particular, each type of investment will have its own periodic investment supervision report template:
| Project type | Investment implementation phase | Investment project exploitation and operation phase |
| Public investment projects and projects using foreign capital for public investment | Form No. 3: Periodic supervision and assessment report during the investment implementation phase | Form No. 8: Periodic supervision and assessment report during the exploitation and operation phase (6 months, whole year) |
| Investment project under public-private partnership method | Form No. 11: Periodic supervision and assessment report during the investment implementation period (6 months, whole year) | Form No. 12: Periodic supervision and assessment report during the exploitation and operation phase (6 months, whole year) |
| Investment projects using other sources of capital | Form No. 13: Periodic supervision and assessment report during the investment implementation period (6 months, whole year) | Form No. 17: Periodic supervision and assessment report during the exploitation and operation phase (6 months, whole year) |
In general, when preparing periodic investment supervision reports, entities need to meet the following basic criteria:
| Type of investment project | Deadline for submission of report |
| Investment projects using state budget capital | Every 6 months: After completing each investment phase according to the provisions of the project contract |
| Investment project using the enterprise’s own capital | Annually; After completing each investment phase according to the provisions of the investment plan |
| Investment projects using loans from credit institutions | According to the provisions of the loan agreement |
Investors need to regularly update the latest legal documents to ensure compliance with regulations on investment supervision and assessment reporting deadlines.
According to Article 100 of Decree 29/2021/ND-CP, the deadline for submitting investment supervision reports is For subjects with specific obligations as follows:
Investors and component project owners who fail to fully comply with the reporting regime as prescribed in Article 5 of Circular 05/2023/TT-BKHĐT will be subject to sanctions in accordance with Article 103 of Decree 29/2021/ND-CP. Accordingly, depending on the nature and severity of the violation, they will be subject to disciplinary action, administrative sanctions or criminal prosecution; if damage is caused, compensation will be made in accordance with the provisions of law.
According to Decree 122/2021/ND-CP on regulations on administrative sanctions for violations in the field of planning and investment, violations of investment supervision and assessment reports can be fined up to 50 million VND and forced to take remedial measures such as additional payment to fully implement the reporting regime as prescribed. In conclusion, preparing periodic investment supervision reports is an important task to ensure that investment projects are implemented on schedule, effectively and in compliance with the provisions of law. Enterprises/investors need to make complete, accurate and timely reports.
Above is an article about consulting periodic investment supervision reports in Vietnam. Clients who need advice in the field of investment law, administrative law, please contact Viet An Law for the most effective support.
Update: 10/2024
