Sample Investment Supervision Report 2023

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.

Legal basis

• Decree 29/2021/ND-CP regulates the order and procedures for appraisal of important national projects and investment monitoring and evaluation;
• Circular 05/2023/TT-BKHDT regulates investment monitoring and evaluation report forms; online reporting regime and operational management of the information system for monitoring and evaluating an investment in investment programs and projects using state capital.

What is the investment monitoring report form?

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:

• Project developers and component project developers;
• Ministry of Planning and Investment (Department of Investment Supervision and Appraisal), central departments, local governments, and state-owned enterprises;

The agency managing and operating the Investment Supervision Information System is the Center for Information Technology and Digital Transformation.

Contents of Sample Investment Supervision Report 2023

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:

See full samples here (in Vietnamese):

Note:

• In the samples above, the italicized text is instructional content and will be specified by the user based on the actual situation.
• The language of the report is Vietnamese.

Reporting obligations of state agencies

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:

• Review and consolidate investment supervision and overall evaluation based on data from the Professional information system of project developers and component project developers within their management or from subordinate authorities;
• Prepare an overall investment monitoring and evaluation report according to Form No. 01 (attached with Schedules No. 1, 2, 3, 4, 5, 6, 7, and 8 consolidated from data on the Professional information system) and upload this report to the Professional information system. This regulation has reduced state administrative procedures related to submitting paper reports to competent agencies.

Deadline: Ministries, branches, localities, and state-owned enterprises must send overall annual monitoring and evaluation reports before March 1 of the following year.

Information and reports by investors and component project owners must be posted according to regulations

Monitoring and evaluation reports posted to the Professional Information System after being stamped or digitally signed for specialized use by the Government include:

• Periodic supervision and evaluation report: 6-monthly, yearly. Supervision and evaluation report of investment of project developers and component project developers according to Schedule No. 9 shall be consolidated from information available on the Professional information system from contracts of the projects;
• Supervision and evaluation reports for adjusting investment projects;
• Final investment supervision and evaluation report;
• Annual supervision and evaluation summary report of investment programs and projects under their management.

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:

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

Penalties for not fully implementing the reporting regime

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.