How must an investor implementing an investment project abroad report the performance of the investment project?

The reporting regime for overseas investment activities is prescribed in Article 73 of the Investment Law 2020.

Accordingly, investors implementing investment projects abroad according to the provisions of the Investment Law 2020 must comply with the reporting regime.

The reporting regime of investors implementing overseas investment projects is implemented as follows:

- Within 60 days from the date the investment project is approved or licensed according to the law of the host country, the investor must send a written notice of the implementation of investment activities in the host country. foreign country, accompanied by a copy of the investment project approval document or documents proving the right to invest in the investment recipient country for the Ministry of Planning and Investment, the State Bank of Vietnam, and Vietnamese representative agencies. South in the investment receiving country;

- Quarterly and annually, investors send reports on the performance of investment projects to the Ministry of Planning and Investment, the State Bank of Vietnam, and Vietnamese representative agencies in the receiving country. private;

- Within 06 months from the date of the tax finalization report or document with equivalent legal value according to the law of the investment receiving country, the investor reports the operational status of the investment project. investment, accompanied by financial statements, tax finalization reports or documents of equivalent legal value according to the provisions of the law of the investment receiving country, sent to the Ministry of Planning and Investment, the State Bank of Vietnam, and the Ministry of Investment. Finance, Vietnamese representative agencies in the investment receiving country and competent state management agencies according to the provisions of this Law and other relevant laws;

- In particular, for overseas investment projects using state capital, in addition to implementing the reporting regime according to the above regulations, investors must also implement the investment reporting regime according to the provisions of law. Law on management and use of state capital invested in production and business at enterprises.

These reports are made in writing and through the National Investment Information System.

In addition, investors must also make extraordinary reports at the request of competent state agencies when there are requests related to state management or arising issues related to the investment project. private.

How are the information reported on the implementation of investment projects abroad on the National Investment Information System and the information in the paper report different?

According to Clause 3, Article 83 of Decree 31/2021/ND-CP stipulates:

Implement the overseas investment reporting regime

1. After being granted an Outward Investment Registration Certificate, investors are granted an account to access the National Investment Information System to carry out periodic reporting according to regulations.

2. Investors are responsible for sending reports on the performance of overseas investment projects according to the provisions of Clauses 3, 4 and 5, Article 73 of the Investment Law; At the same time, manage your account and update information fully, on time and accurately into the National Investment Information System.

3. In case there is a difference between the information reported on the National Investment Information System and the information in the paper report, the information on the National Investment Information System shall be based on the information.

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Accordingly, in case there is a difference between the information reported on the National Investment Information System and the information in the paper report, the information on the National Investment Information System shall be based on the information.

What remedial measures are there for investors who do not comply with the regime of reporting on the performance of investment projects?

Handling measures in cases where investors do not comply with the reporting regime as prescribed in Clause 4, Article 83 of Decree 31/2021/ND-CP are as follows:

- The Ministry of Planning and Investment shall issue a written reminder for the first violation;

- Sanctioning administrative violations according to the provisions of the law on administrative sanctions in the field of planning and investment;

- Publicize violations on the National Investment Information System, Electronic Information Portal of the Ministry of Planning and Investment and other mass media.