The reporting regime on overseas investment is a significant aspect of managing foreign investment activities of Vietnamese enterprises. It ensures compliance with Vietnamese legal regulations, facilitates the monitoring of investment efficiency, and aligns with international practices. By adhering to this regime, investors not only meet their obligations but also contribute to the transparency and sustainability of Vietnam’s overseas investment landscape.
- What is the Reporting Regime on Overseas Investment of Investors?
The investment reporting regime is a critical obligation for Vietnamese enterprises after successfully investing and registering overseas investment. Investors are required to submit quarterly, annual, ad-hoc reports, financial statements, and tax finalization reports on the activities of their organization to the relevant Vietnamese authorities. Through these reports, the competent authorities can evaluate the actual effectiveness of overseas investments by Vietnamese investors.
- Entities Subject to the Reporting Regime
According to legal regulations, the following entities are required to implement the overseas investment reporting regime:
- Ministries, ministerial-level agencies, and provincial People’s Committees.
- Overseas investment registration agencies.
- Investors implementing investment projects in accordance with legal regulations.
- Forms of the Reporting Regime on Overseas Investment
Essentially, after being granted a certificate of overseas investment, enterprises are provided with an account to access the National Investment Information System in Vietnam and the National Information System on Overseas Investment from Vietnam. This access allows them to submit periodic reports. Reports are submitted in both written formats and through the National Investment Information System.
The advantage of submitting investment reports online is that it helps save time for enterprises. However, online submissions may face delays if the online filing system experiences technical issues.
- Dossier and Procedures for Submitting Overseas Investment Reports
One common question among investors is: “When should overseas investment reports be submitted?” Based on the experience of TLA Law Firm, the deadline for investors to start submitting investment reports is within 60 days from the date the investment project is approved or licensed in accordance with the regulations of the host country where the Vietnamese investor is investing.
The dossier for submitting overseas investment reports includes:
- A written notification of the implementation of overseas investment (following the template B.I.11 in Circular 03/2021/TT-BKHĐT).
- A copy of the document approving the investment project or documentation proving the right to engage in investment activities in the host country where the Vietnamese investor is investing.
The place for submitting overseas investment reports in Vietnam includes:
- The Ministry of Planning and Investment (MPI).
- The State Bank of Vietnam (SBV).
- Vietnamese representative agencies in the host country.
Specifically, foreign investors must submit periodic reports to relevant authorities within the stipulated deadlines, as outlined below:
| Report Type | Dossier Content | Receiving Authority | Deadline | Submission Method |
| Quarterly Report | Quarterly report on the progress of the overseas project (Template B.III.1 in Circular 03/2021/TT-BKHĐT). | MPI, SBV, Vietnamese representative agency in the host country. | Before the 20th of the last month of the quarter being reported. | Submit via both methods below: 1. Send hard copies to the Foreign Investment Agency – MPI;2. Submit through the National Investment Information System. |
| Annual Report | Annual report on the progress of the overseas project (Template B.III.2 in Circular 03/2021/TT-BKHĐT). | MPI, SBV, Vietnamese representative agency in the host country. | Before December 20th of the reporting year. | |
| Financial Report and Tax Finalization Report | Report on the operation of the investment project; financial statements, tax finalization reports, or equivalent legal documents as per the host country’s regulations (Template B.III.3 in Circular 03/2021/TT-BKHĐT). | MPI, SBV, Ministry of Finance (MOF), Vietnamese representative agency in the host country. | Within 6 months from the date the company has the tax finalization report or equivalent legal documents. | |
| Ad-Hoc Report | As required by competent authorities. | As required by competent authorities. | As required by competent authorities. |
In conclusion, the overseas investment reporting regime is an essential responsibility of Vietnamese investors to ensure compliance with legal regulations and facilitate effective monitoring by competent authorities. By adhering to the prescribed forms, deadlines, and procedures, investors can not only fulfill their legal obligations but also contribute to improving the transparency and efficiency of overseas investment activities.
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TLA Law is a leading law firm with a team of highly experienced lawyers specializing in criminal, civil, corporate, marriage and family law, and more. We are committed to providing comprehensive legal support and answering all your legal questions. If you have any further questions, please do not hesitate to contact us.
1. Lawyer Vu Thi Phuong Thanh, Manager of TLA Law LLC, Ha Noi Bar Association
Email: vtpthanh@tlalaw.vn
2. Lawyer Tran My Le, Chairman of the Members’ Council, Ha Noi Bar Association
Email: tmle@tlalaw.vn.
Dinh Phuong Thao