PERIODIC REPORTING SERVICES INVESTMENT MONITORING AND EVALUATION REPORTS

PERIODIC REPORTING SERVICES

INVESTMENT MONITORING AND EVALUATION REPORTS

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After fully meeting market access conditions and officially entering the Vietnamese market to carry out business activities, investors and project-implementing economic organizations are still required to prepare and submit periodic investment monitoring and evaluation reports to the competent authorities. These reports are used to provide an updated overview of how the investment project is operating in Vietnam.

In practice, investors and project enterprises must submit these reports both in written form and through the National Investment Information System available at:

1. Legal Basis:

The reporting obligation is primarily governed by the following regulations:

- The Law on Investment No. 61/2020/QH14, adopted by the National Assembly of the Socialist Republic of Vietnam on 17 June 2020;

- Decree No. 31/2021/ND-CP dated 26 March 2021 of the Government, providing detailed regulations and implementation guidelines for a number of provisions of the Law on Investment;

- Decree No. 29/2021/ND-CP dated 26 March 2021 of the Government on the procedures for appraisal of nationally significant projects and investment monitoring and evaluation;

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

2. Investment Reporting Requirements in Vietnam

Pursuant to Point c, Clause 1, Article 72 of the Law on Investment 2020, investors and project-implementing economic organizations are among the entities that are required to comply with the investment reporting regime.

Accordingly, under Point a, Clause 2, Article 72 of the Law on Investment 2020, periodic reports must be submitted on a quarterly and annual basis to the investment registration authority and the local statistical authority. These reports provide information on the implementation and performance of the investment project, including:

- Actual invested capital;

- Business and operational results;

- Labor information;

- Contributions to the state budget;

- Research and development investment;

- Environmental protection and waste-treatment activities;

- Other sector-specific indicators depending on the field of operation.

3. Types of Investment Monitoring and Evaluation Reports that must be complied with

Pursuant to Clause 8, Article 100 of Decree No. 29/2021/ND-CP on the procedures for appraisal of nationally significant projects and investment monitoring and evaluation ("Decree 29/2021/ND-CP"), investors implementing projects funded by non-state capital are required to prepare and submit reports to both the investment registration authority and the local agency responsible for investment monitoring and evaluation in the locality where the project is carried out. These reports include:

- Periodic monitoring and evaluation reports (submitted every six months and annually). In practice, investors are required to use Form No. 13 - Periodic Monitoring and Evaluation Report during the investment implementation phase, and Form No. 17 - Periodic Monitoring and Evaluation Report during the operation phase, as provided under Circular No. 05/2023/TT-BKHDT. These forms are used for reporting data on a semi-annual and annual basis.

- Pre-adjustment monitoring and evaluation reports. Before making any adjustment to an investment project, investors are required to prepare a report using Form No. 15 – Monitoring and Evaluation Report prior to project adjustment, as prescribed in Circular No. 05/2023/TT-BKHDT. In practice, at the Department of Planning and Investment of Ho Chi Minh City, when submitting an application for amendment of the Investment Registration Certificate, investors are often required to include this report in addition to the statutory application dossier, as a basis for the authority to process the application.

- Final evaluation reports. Upon completion of the project, investors are required to prepare a final evaluation report using Form No. 16 – Final Evaluation Report, in accordance with Circular No. 05/2023/TT-BKHDT, to provide a comprehensive assessment of the project's implementation and outcomes.

4. Legal consequences of non-compliance with investment monitoring and evaluation reporting requirements

In cases where investors or project-implementing economic organizations fail to comply with the obligations to prepare and submit the above-mentioned investment monitoring and evaluation reports, administrative penalties may be imposed in accordance with Article 10 of Decree No. 122/2021/ND-CP on sanctions for administrative violations in the field of planning and investment.

Depending on the nature and severity of the violation, the following penalties and remedial measures may apply:

Violation	Penalty	Remedial Measures
Failure to submit investment monitoring and evaluation reports on time or submission of incomplete reports	Fine ranging from VND 20,000,000 to VND 30,000,000	Mandatory supplementation of missing contents in the report
Failure to upload investment monitoring and evaluation reports to the National Investment Monitoring and Evaluation Information System	Fine ranging from VND 20,000,000 to VND 30,000,000	Mandatory submission/upload of the reports to the National Investment Monitoring and Evaluation Information System
Failure to comply with periodic reporting obligations on investment monitoring and evaluation	Submission of untruthful or inaccurate reports	Mandatory compliance with periodic reporting obligations in accordance with regulations
Submission of untruthful or inaccurate investment monitoring and evaluation reports	Submission of untruthful or inaccurate reports	None

5. Periodic Reporting & Investment Monitoring Services at Dai Quang Minh Law Firm

To help businesses avoid missing deadlines or failing to properly fulfill reporting obligations, we offer comprehensive advisory and compliance services for periodic reports and investment monitoring and evaluation reports. Our services are designed to minimize the risk of administrative penalties while ensuring full compliance with Vietnamese regulations.

Our key services include:

- Advisory and support in preparing and completing periodic reports and investment monitoring and evaluation reports;

- Advisory and assistance in handling non-compliance cases, including preparation of dossiers and procedures related to violations of reporting obligations.

In addition, Quang Minh Law Firm provides a wide range of legal services, including sub-licenses, enterprise registration, investment procedures, foreign labor matters, and ongoing legal advisory services for both domestic and international business operations.

During your business operations, should you have any questions or require assistance, please do not hesitate to contact Dai Quang Minh Law Firm. We are always ready to support and accompany you throughout your establishment, operation, and growth journey.

We wish you sustainable development and continued success in achieving your breakthroughs.

Sincerely.