The process of registering and submitting investment reports for FDI enterprises.

I. Legal Basis for Investment Activity Reporting

• Investment Law 2020

• Decree No. 31/2021/ND-CP dated March 26, 2021 of the Government detailing and guiding the implementation of certain provisions of the Investment Law.

• Decree No. 122/2021/ND-CP dated December 28, 2021 of the Government on administrative fines in the field of planning and investment.

• Circular No. 03/2021/TT-BKHDT dated April 9, 2021 of the Ministry of Planning and Investment stipulating the forms of documents and reports related to investment activities in Vietnam, outbound investment from Vietnam, and investment promotion.

• Circular No. 05/2023/TT-BKHDT dated June 30, 2023 regulating the report monitoring and evaluation form; the online reporting regime and management of the operation of the investment program and project monitoring and evaluation information system using state capital.

II. Investment Reporting Procedure for FDI Enterprises

During the implementation of an investment project under the Investment Registration Certificate (IRC), one of the obligations of the investor/economic organization implementing the project is to report the investment activities to the investment registration agency and the local statistics agency about the project's operational status on a quarterly and annual basis. Accordingly, reports are submitted online via the National Investment Information System and submitted directly in writing.

1. For Monitoring Reports

Representatives of economic organizations implementing the project must submit reports to the Department of Planning and Investment or the management board of industrial zones/economic zones/export processing zones in the locality where the project is licensed, with the following deadlines:

• 6-month report: Before July 10 of the reporting year.

• Annual report: Before February 10 of the following year.

• Report before project adjustment.

The investor can refer to the Monitoring and Evaluation Report form in Circular No. 05/2023/TT-BKHDT.

2. For Online Investment Reports

This article provides a guide on how to register and create an account for submitting investment reports online, as follows:

Step 1: Access the Ministry of Planning and Investment’s website: https://fdi.gov.vn/_layouts/OGPortalLogin2010/LoginMPI.aspxThen click on "Here" to download the application form for requesting the creation of a project reporting account (as shown in the image below).

Step 2: Fill out the form completely, then sign and affix the seal.

Step 3: Submit the form to the project’s investment registration authority at the Department of Planning and Investment or the management board of the industrial zone/economic zone/export processing zone in the locality where the project is licensed. Submit either directly or by postal mail.

Step 4: Wait for the results: The local authority will process the reporting account, and the login name and password will be sent to the email account you registered in the application form.

After receiving the login credentials, the representative of the economic organization implementing the project will submit periodic reports via the National Investment Information System. The specific reporting deadlines are:

(i) Quarterly report: Submit before the 10th of the first month of the quarter.(ii) Annual report: Submit before March 31 of the following year.

If the investor fails to submit or submits incomplete reports, they will be fined up to 50,000,000 VND per report, depending on the specific case. Therefore, reporting investment activities is a very important obligation that investors must pay attention to when conducting projects in Vietnam. If you need to find an experienced consulting firm in the investment sector, please contact us.