03:10 | 27/04/2024

What is the latest report form on results of execution of investment promotion program in Vietnam in 2024 under the Circular 25/2023/TT-BKHDT?

What is the latest report form on results of execution of investment promotion program in Vietnam in 2024 under the Circular 25/2023/TT-BKHDT? - asked Mrs. T (Hanoi)

What is the latest report form on results of execution of investment promotion program in Vietnam in 2024 under the Circular 25/2023/TT-BKHDT?

The Minister of Planning and Investment issued Circular 25/2023/TT-BKHDT dated December 31, 2023 amending Circular 03/2021/TT-BKHDT on prescribing templates for documents and reports related to investment activities in Vietnam, outward investment activities and investment promotion activities.

The latest report form on results of execution of investment promotion program is made using form C.IV.2 in Appendix C of Circular 25/2023/TT-BKHDT.

Note: The latest report on results of execution of investment promotion program is the latest report form on results of execution of investment promotion program by Ministry/provincial People’s Committee.

Download report form on results of execution of investment promotion program

What is the latest report form on results of execution of investment promotion program in Vietnam in 2024 under the Circular 25/2023/TT-BKHDT? (Image from the Internet)

What are the regulations on investment promotion agencies in Vietnam?

Pursuant to the provisions of Article 91 of Decree 31/2021/ND-CP, investment promotion agencies are as follows:

- The Ministry of Planning and Investment acts as an agency assisting the Government in state management of investment promotion activities nationwide.

- Ministries shall assign units in charge of carrying out investment promotion activities by sectors and industries within their functions and power.

- Every Department of Planning and Investment acts as an agency in charge of assisting the provincial People’s Committee in state management of investment promotion.

- Depending on specific demands and conditions, every provincial People’s Committee shall establish an agency or department in charge of investment promotion within its structure and provide facilities, working conditions, salary and benefits, and cover operating costs. The establishment of an investment promotion agency affiliated to a provincial People’s Committee must be agreed upon by the Ministry of Home Affairs and the Ministry of Planning and Investment before requesting the Prime Minister to consider and make a decision as prescribed by law.

- Overseas agencies in charge of investment promotion:

+ Overseas agencies in charge of investment promotion are affiliated to and managed by Vietnam’s overseas representative missions;

+ Depending on specific conditions of each area, the Ministry of Planning and Investment shall agree with the Ministry of Foreign Affairs on the number of investment promotion personnel arranged at each mission. If there are 02 full-time investment promotion officials or more in an area, it is required to establish an investment promotion department affiliated to the Vietnam's overseas representative mission;

+ Overseas agencies in charge of investment promotion shall be under professional direction of the Ministry of Planning and Investment and comprehensive direction of Vietnam’s overseas representative missions.

What are the regulations on outward investment reporting in Vietnam?

The outward investment reporting is implemented according to the instructions in Article 83 of Decree 31/2021/ND-CP and Article 73 of the Law on Investment 2020, specifically:

After the outward investment registration certificate is issued, the investor shall be granted an account to access the National Investment Information System for implement periodical reporting regulations

Reporting regulations applied to investors:

- Within 60 days from the day on which the project is approved or licensed as prescribed by law of the host country, the investor shall send a written notification of outward investment enclosed with a copy of the written approval for the investment project or a document proving the right to make investment in the host country to the Ministry of Planning and Investment, the State Bank of Vietnam, and a representative mission of Vietnam in the host country;

- Investors shall submit quarterly and annual reports on operation of their investment projects to the Ministry of Planning and Investment, the State Bank of Vietnam, and a representative mission of Vietnam in the host country;

- Within 06 months from the day on which the tax declaration or an equivalent document is available as prescribed by the host country’s law, the investor shall submit a report on the operation of the investment project enclosed with the financial statement, tax declaration, or an equivalent document prescribed by the host country’s law to the Ministry of Planning and Investment, the State Bank of Vietnam, the Ministry of Finance, a representative mission of Vietnam in the host country, and a competent authority prescribed in this Law and relevant regulations of law;

- If the outward investment project is funded by the state capital, apart from complying with the regulations, the investor shall make reports in accordance with regulations of law on management and use of state capital invested in manufacturing and business activities of enterprises.

Notes:

The reports shall be made in writing and via the National Investment Information System

The agencies and investors shall make ad hoc reports at the request of competent authorities to meet state management requirements or settle issues arising in relation to investment projects

Actions against the investor’s failure to implement the reporting regulations as prescribed:

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

- Impose penalties for administrative violations in accordance with regulations of law on penalties for administrative violations against regulations on planning and investment;

- Publish violations on the National Investment Information System, web portal of the Ministry of Planning and Investment and other mass media

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