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Report on periodic monitoring and evaluation in the period of implementation of foreign capital investment in Vietnam

Investment supervision and assessment activities are management activities of state agencies for investment activities. When conducting investment supervision and evaluation activities, it is necessary to ensure compliance with the provisions of law. Currently, many investors are still concerned about the implementation of periodic monitoring and evaluation reports in the period of implementing foreign capital investment. The following article will provide you with some information about  periodic monitoring and evaluation  reports in the period of implementing foreign capital investment.

Legal basis

  • Investment Law 2020;
  • Law on Construction 2014, amended and supplemented in 2020.
  • Decree 29/2021/ND-CP stipulating the order and procedures for appraisal of nationally important projects and investment supervision and evaluation;
  • Circular 05/2023/TT-BKHDT stipulating the form of investment monitoring and evaluation report; online reporting regime and operation management of the information system on supervision and evaluation of investment in state-funded investment programs and projects.

What is an investment project?

Investment paste is a set of interrelated activities planned for the purpose of helping businesses achieve set goals by producing specific results in a certain time, through the use of defined resources. At the same time, investment projects are also the basis for competent state agencies to take measures to manage and license investment. The investment project is also the basis for investors to carry out investment activities and evaluate the effectiveness of the project. And it is especially important in persuading the investor to decide on investment and credit institutions to finance the project.

What is investment monitoring and evaluation?

According to the provisions of Decree 29/2021/ND-CP, investment supervision is investment monitoring and inspection activities. Investment supervision includes: supervision of investment programs and projects and overall supervision of investment. Investment project evaluation includes: initial assessment, mid-term or phase assessment, closing assessment, impact assessment and ad-hoc assessment.

In which, periodic monitoring and evaluation reports in the period of implementation of foreign capital investment

What is a periodic monitoring and evaluation report in the period of implementation of foreign capital investment?

The laws of our country promulgate legal documents regulating the supervision and evaluation of investment projects for the purpose of understanding the situation and progress of investment projects. Periodic assessment during the investment implementation period is a periodic assessment conducted for 6 months and a whole year to understand the project situation during the project operation

The law of our country promulgating a form of periodic monitoring and evaluation report during the implementation of investment projects is an important form of the process of monitoring and evaluating investment projects.

Legal bases for the obligation to report the end in each type of project

Article 100 of Decree 29/2021/ND – CP stipulates that the subjects include: Program owners, investors of public investment programs and projects; Investors in projects using foreign state capital for public investment; Investors implementing PPP projects; Investors of projects using other capital sources; Investors of outward investment projects must prepare periodic monitoring and evaluation reports during the investment implementation period.

Sample contents of periodic monitoring and assessment reports in the investment implementation phase for public investment projects and projects using foreign state capital for public investment in Vietnam

The report should present the following:

Information about the project Project implementation status Self-comment, review Petition
Project name;

Investor;

Project planning consultancy organization;

Objectives of the project;

Scale, capacity;

Main investment contents/main investment items;

Project location;

Land use area;

Form of project management;

Project timelines: Number and date of approval of investment decisions; Project duration: Start time and end time;

Total investment;

Investment capital

The project implementation situation includes the following contents:

The situation of the progress of the project implementation is specific to the establishment of the CIT, GPMB and resettlement work, bidding work, contract performance ….

The value of the volume performed according to the contract performance schedule

Capital management situation and summary of disbursement results of the project

Quality of work achieved: Describe the quality of work achieved corresponding to the workload values in each stage that have been accepted and paid.

Other costs associated with the project

Fluctuations related to the project implementation process

For project management, report the following:

Implementation plan: Outline the master plan for each phase of project management to achieve the required progress

Detailed plan of project implementation management contents: Describe the detailed plan of each stage for the work component related to the project implementation management phase

Results are achieved compared to the set plan and adjust the implementation plan to suit the requirements

Quality assurance and project management effectiveness

For the processing situation, feedback on information reports the following contents:

Ensure that the reported information includes the accuracy and truthfulness of the reported information

Processing of reporting information includes the timely processing of reporting information since  the investor receives the report to respond promptly, avoiding adverse consequences for the project.

The results of solving specific problems and arising  outlines the results achieved through the process of handling problems arising during the implementation of the project.

First, the status of project implementation;

Second, project management;

Third, the situation of processing and responding to information.

 

Proposing competent persons to decide on investment or competent agencies on measures to support and handle difficulties of the project (if any)

The subject submitting the report, where the report is submitted

Subjects submitting reports: investors, economic organizations submitting reports.

Place of submission: Department of Planning and Investment where the investor’s head office is located.

Contents of the form of periodic monitoring and evaluation reports in the investment implementation phase for investment projects in the mode of public-private partnership in Vietnam

The subject submitting the report, where the report is submitted

According to the provisions of Article 100 of Decree No. 29/2021/ND-CP and Circular 50/2022/TT-BGTVT:

  • Entity submitting the report: investor.
  • Place of submission: Ministry of Transport

Report template content

Information about the project Project implementation status Petition
Project name;

Investor;

Project planning consultancy organization;

Objectives of the project;

Scale, capacity;

Main investment contents/main investment items;

Project location;

Land use area;

Form of project management;

Project timelines: Number and date of approval of investment decisions; Project duration: Start time and end time;

Total investment;

Investment decision: number, date, name of the approving agency.

Structure of investment capital in which: State capital participating in the project; Total investment capital (equity, borrowed capital);

Financial plan:

Information about the project enterprise: Business name; Certificate of business registration (number, date of issue, name of issuing agency); Charter capital; Legal representative.

Project implementation progress: state the results of the implementation of the main works of the project; estimate the volume implemented in the period, accumulated from the beginning of the year, from the beginning of the project and compare with the plan.

The situation of capital mobilization for the project, this is an important item to specify because thereby assessing the ability to implement  the project: stating the results of capital mobilization for the project implementation in the period according to capital sources (equity; borrowed capital; other lawful mobilization and state capital participating in the project); accumulated from the beginning of the year and from the beginning of the project; so compared to the plan.

The disbursement situation includes: disbursement of investment capital in the period; accumulation of disbursement value from the beginning of the year and from the beginning of the project according to capital sources; comparison with the plan.

The implementation of requirements on environmental protection, land use and use of mineral resources.

Status of implementation of contents in the project contract.

Difficulties and obstacles arising during the implementation process (if any).

Proposing competent agencies on measures to support, handle and difficulties of the project

Sample contents of periodic monitoring and evaluation reports in the investment implementation phase for investment projects using other capital sources in Vietnam

The report should present the following:

Information about the project Project implementation status Petition
Investor information  : Name; head office address, phone number, email address; amount of contributed capital and percentage of contributed capital

Economic organization: Name of the enterprise; information for transactions (business address, phone number, email address…); business registration (number, date, place of issue); information about the legal representative; Charter capital; legal capital (if any)

Investment project: project  name: implementation location; written approval of investment policy/Investment registration certificate (if any); area of land used; objectives, scale; total investment capital, capital sources; operation duration, implementation schedule of the project; incentives,  investment support and applicable conditions (if any); conditions for investors to implement the project (if any).

 

Firstly, the progress of the project implementation and the progress of the implementation of the project objectives:

Project preparation progress;

Land allocation situation;

Basic construction progress (if any);

Progress of purchasing machinery and equipment, installation, commissioning (if any);

Progress of implementation of investment items and phases (if any);

Progress of production, business and service provision activities;

Progress in the implementation of investment objectives.

Second, the regime of investment capital contribution, charter capital, legal capital (if any):

Capital contribution progress;

Funding.

Third, the implementation of regulations on related issues:

On the use of land and other resources;

Regarding requirements for environmental protection and fire prevention;

The satisfaction of business investment conditions for projects in conditional business investment lines and lines;

The satisfaction of the provisions of the written approval of the investment policy and the Investment Registration Certificate (if any).

Fourth, the implementation of investment incentives (if any)

Fifth, difficulties and obstacles in project implementation (if any).

The report should propose competent state agencies on measures to support and handle difficulties of the project (if any).

 

The subject submitting the report, where the report is submitted

Subjects submitting reports: investors, economic organizations submitting reports.

Place of submission: Department of Planning and Investment where the investor’s head office is located.

Deadline for submitting reports

According to the provisions of Article 100 of Decree No. 29/2021/ND-CP, the deadline for submitting a report is:

  • Submit a report 6 months before July 10 of the reporting year;
  • Submit annual reports by February 10 of the following year;
  • Submit a report before the project program adjuster.

Above are the advice of Viet An Law on  periodic monitoring and assessment reports in the period of implementing foreign capital investment, if you need to make periodic monitoring and assessment reports in the period of implementing foreign capital investment, please contact us for the best support!

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