Report on the implementation of investment projects of FDI companies

Foreign-invested companies have become one of the important drivers of Vietnam’s economic growth and international integration in recent years. FDI inflows not only bring investment capital and modern technology but also create many job opportunities and improve the competitiveness of the economy. In order to effectively manage investment activities, ensure the interests of investors and create a transparent business environment, our state has promulgated a system of detailed legal regulations on investment, including regulations on reporting obligations of FDI projects. Viet An Law would like to guide clients on the obligation to report when there is an FDI investment project in Vietnam.

Legal Basis

• Law on Investment 2020;
• Decree 31/2021/ND-CP;
• Decree 29/2021/ND-CP;
• Decree 09/2018/ND-CP.

Currently, according to the law, FDI companies are usually required to submit two main types of reports: investment activity reports; reports on investment supervision and assessment and another type of report is a report on the situation of goods trading activities and activities directly related to the purchase of goods (in case the FDI company conducts goods trading activities).

Report on investment activities, implementation of investment projects of FDI companies

Article 72 of the Law on Investment 2020 stipulates the regime of reporting on investment activities in Vietnam as follows:

“Quarterly and annually, investors and economic organizations executing investment projects shall report to investment registration agencies and statistical agencies in their localities on the implementation of investment projects, including the following contents: realized investment capital, results of business investment activities,  information on labor, remittance to the state budget, investment in research and development, environmental treatment and protection, specialized indicators by field of operation”

• The quarterly report includes the following contents: Realized investment capital, net revenue, export, import, labor, taxes and budget contributions, land use and water surface.
• The annual report shall include the indicators of the quarterly report and the targets of profit, income of employees, expenditures and investments in scientific research and technological development, environmental treatment and protection, and the origin of the technology used.

Guidance on preparing a form of report on investment activities on the implementation of investment projects of FDI companies

Customers with investment projects shall make a report according to form A.I.20 of  Circular 03/2021/TT-BKHDT regulating the form of reports related to investment activities in Vietnam. After declaring the report form, customers send the report directly or through public postal and telecommunications services to the office of the Department of Planning and Investment where the project is managed.

Deadline for submission of reports on investment activities and implementation of investment projects of FDI companies

• Quarterly report: made before the 10th day of the first month of the quarter following the reporting quarter
• Annual report: made before March 31 of the following year of reporting

Report on investment supervision and assessment of the implementation of investment projects of FDI companies

According to Clause 4, Article 100 of Decree 29/2021/ND-CP stipulates the submission of periodic investment supervision and assessment reports as follows:

“Program owners, investors of public investment programs and projects and send the following types of reports to the persons competent to decide on investment, managing agencies and focal units for investment supervision and assessment:

a) Periodic supervision and assessment reports: 6 months and the whole year;

b) Report on supervision and assessment before adjusting the program or project;

c) Report on supervision and assessment of the completion of the program or project;

dd) The report on evaluation of the investment program or project implemented by the company;

d) A general report on the annual supervision and evaluation of investment programs and projects under its management.”

Guidance on preparing a sample of investment supervision and assessment report on the implementation of investment projects of FDI companies

Customers with investment projects shall make a report according to form No. 13 of  Circular 05/2023/TT-BKHDT regulating the form of periodic supervision and assessment reports during the investment implementation period. After declaring the report form, customers send the report directly or through public postal and telecommunications services to the office of the Department of Planning and Investment where the project is managed.

Deadline for submission of reports on investment supervision and assessment of the implementation of investment projects of FDI companies

• 6-month periodic monitoring report: Send the report 6 months before July 10 of the reporting year;
• Annual monitoring report: Submit annual report before February 10 of the following year

Report on the situation of goods purchase and sale activities and activities directly related to goods purchase and sale

Subjects required to submit reports on goods purchase and sale activities

According to Article 2 of Decree 09/2018/ND-CP, the subjects who must submit reports on goods purchase and sale activities are as follows:

“This Decree applies to foreign investors, foreign-invested economic organizations, agencies, organizations and individuals involved in goods purchase and sale activities and activities directly related to goods purchase and sale of foreign investors.  foreign-invested economic organizations in Vietnam.”

Thus, FDI enterprises that have registered to operate goods trading and retail industries need to submit this report to the Department of Industry and Trade.

Guidance on submission of reports on goods purchase and sale activities and activities directly related to goods purchase and sale

Annually, before January 31, foreign-invested economic organizations shall report on the situation of goods purchase and sale activities and activities directly related to goods purchase and sale according to Form No. 13 of Decree No. 09/2018/ND-CP and submit them directly or by public postal service to the Department of Industry and Trade in charge of the business karma.