To meet the requirements of the law on construction investment and public investment management, on June 30, 2023, the Ministry of Planning and Investment issued Circular 05/2023/TT-BKHDT guiding notification forms. Reports related to monitoring and evaluation of investment projects, including the use of foreign capital. The Circular effective from September 2023 has provided many investment monitoring report templates in 2023. In the following article, Viet An Luat will summarize the content related to the above report templates.
Investment monitoring reporting obligations are imposed on entities implementing investment projects in Vietnam. Investment project evaluation and monitoring reports are carried out throughout the project implementation process to carry out state management, especially important for projects using state capital.
The obligation to report, evaluate, and monitor investment is imposed on the following subjects:
The agency managing and operating the Investment Supervision Information System is the Center for Information Technology and Digital Transformation.
Circular 05/2023/TT-BKHDT was born and replaced the previous Circular No. 22/2015/TT-BKHDT regulating investment monitoring report forms with the following sample contents:
| 1. Annual investment supervision and overall evaluation report form: | |
| Form No. 1 | Report on supervision and evaluating overall investment for the whole year. |
| 2. Supervision and evaluation forms for public investment projects and non-public investment projects utilizing state funding, including: | |
| Form No. 02 | Initial evaluation report |
| Form No. 03 | Periodic supervision and evaluation reports during the investment (6-monthly, yearly) |
| Form No. 04 | Mid-term or mid-phase evaluation report |
| Form No. 05 | Supervision and evaluation reports for adjustment of investment projects; |
| Form No. 06 | Irregular evaluation report |
| Form No. 07 | Investment supervision and evaluation report for ending investment |
| Form No. 08 | Periodic supervision and evaluation form during use and operation (6-monthly, yearly) |
| Form No. 09 | Impact evaluation report |
| Form No. 10 | Yearly supervision and evaluation summary report for investment projects under management |
| 3. Supervision and evaluation report forms for investment projects in public-private partnerships, including: | |
| Form No. 11 | Periodic supervision and evaluation report form during investment (6-monthly, yearly) |
| Form No. 12 | Periodic supervision and evaluation form during use and operation (6-monthly, yearly) |
| 4. Supervision and evaluation report forms for investment projects utilizing other funding sources, including: | |
| Form No. 13 | Periodic supervision and evaluation reports form during investment (6-monthly, yearly) |
| Form No. 14 | Irregular evaluation report |
| Form No. 15 | Supervision and evaluation report form for adjustment of investment projects |
| Form No. 16 | Final evaluation report |
| Form No. 17 | Periodic supervision and evaluation form during use and operation (6-monthly, yearly) |
| Form No. 18 | Impact evaluation report |
| 5. Community investment supervision report sample: | |
| Form No. 19 | Community investment supervision report form |
See full samples here (in Vietnamese):
Note:
Ministries, branches, localities, and state-owned enterprises are obliged to prepare reports on supervision and assessment of overall investment according to Form No. 01 and annually report on supervision and assessment of overall investment on the System. professional information system according to regulations with the following contents:
Deadline: Ministries, branches, localities, and state-owned enterprises must send overall annual monitoring and evaluation reports before March 1 of the following year.
Monitoring and evaluation reports posted to the Professional Information System after being stamped or digitally signed for specialized use by the Government include:
Deadline for submitting reports of program owners, investors, and investors as prescribed in Point a, Clause 11, Article 100 of Decree 29/2021/ND-CP:
Investors and component project owners who do not fully implement the reporting regime as prescribed in Article 5 of Circular 05/2023/TT-BKHDT will be handled for violations as prescribed in Article 103 of Decree 29/2021. /ND-CP. Accordingly, depending on the nature and severity of violations, they will be disciplined, administratively fined, or prosecuted for criminal liability; If causing damage, compensation shall be made prescribed by law.
According to Decree 122/2021/ND-CP on regulations on sanctions for administrative violations in the field of planning and investment, violations of investment monitoring and evaluation 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 according to regulations.
Above is the content Viet An Law summarizes related to the Sample Investment Supervision Report 2023 according to the new regulations of Circular 05/2023/TT-BKHDT. Customers who need advice in the field of investment law or administrative law, please contact Viet An Law for the most effective support.
