Circular No. 02/2022/TT-BKHĐT guiding the supervision and evaluation work for foreign investment activities in Vietnam.

This document relates to the preparation report for inspection by the Inspection Team and the project implementation status report of foreign-invested enterprises in Vietnam. The document includes detailed information on economic organizations, investment projects, project implementation progress, land use, production, business operations, labor, and environmental protection.

文号02/2022/TT-BKHĐT
文件类型Circular
发布机关Ministry of Finance
签署人Nguyễn Chí Dũng — Bộ trưởng
更新14/06/2026
行业Labour, War Invalids and Social Affairs
领域Uncategorized
发布日期14/02/2022
生效日期01/04/2022
失效日期
状态In effect
✦ 智能摘要

This document relates to the preparation report for inspection by the Inspection Team and the project implementation status report of foreign-invested enterprises in Vietnam. The document includes detailed information on economic organizations, investment projects, project implementation progress, land use, production, business operations, labor, and environmental protection.

适用范围

Foreign-invested enterprises in Vietnam

要点

  • General information about economic organizations, projects
  • Project implementation situation
  • Economic and social effectiveness of the project
  • Future project deployment plan
  • Emerging issues and recommendations

🌐 本文件的社会影响

  • Contribution to local socio-economic development through job creation and tax payment to the state budget
  • Environmental protection support through compliance with waste management regulations

❓ 常见问题

What contents should be included in this report?

The report must include general information about economic organizations, projects; project implementation situation (administrative procedures, investment capital, land use, production, business operations, labor, and environmental protection); assessment of the economic and social effectiveness of the project; future project deployment plans, and emerging issues along with recommendations.

Who will receive this report?

This report is submitted to competent state management agencies for inspection and supervision of project implementation by enterprises.

全文

MINISTRY OF PLANNING AND INVESTMENT
-------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

Number: 02/2022/TT-BKHĐT

Hanoi, February 14, 2022

 

CIRCULAR

Guidelines on supervision and evaluation of foreign investment activities in Vietnam

On the basis of Investment Law dated June 17, 2020;

Pursuant to Decree No. 29/2021/NĐ-CP dated March 26, 2021 of the Government stipulating procedures and formalities for assessing national key projects and supervising and evaluating investment;

Pursuant to Decree No. 31/2021/NĐ-CP dated March 26, 2021 of the Government detailing and guiding the implementation of certain provisions of the Investment Law;

Article 1. Scope

At the proposal of the Director of the Department of Foreign Investment;

The Minister of Planning and Investment issues this Circular guiding on supervision and evaluation of foreign investment activities in Vietnam.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

a) This Circular regulates supervision and evaluation of foreign investment activities in Vietnam.

b) Supervision and evaluation of securities investment activities shall be carried out in accordance with the laws on securities.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

a) State management agencies related to foreign investment include ministries, ministerial-level agencies, provincial People's Committees, Investment Registration Authorities, and other state management agencies for investment as provided by law;

b) Economic organizations with foreign invested capital, foreign-invested projects currently operating within the territory of Vietnam.

Article 2. Interpretation of Terms

1. Foreign-invested project means a project falling under one of the following cases:

a) A project implemented by an economic organization with foreign invested capital or an economic organization specified in Clause 1, Article 23 of the Investment Law and granted an Investment Registration Certificate in accordance with the law;

b) A project invested in through a Business Cooperation Contract involving a foreign investor or an economic organization specified in Clause 1, Article 23 of the Investment Law.

2. Inspection of state management over foreign investment is an activity carried out periodically according to a plan or at random by competent state management agencies regarding the Investment Registration Authority on:

a) Issuance, adjustment, and recovery of Investment Registration Certificates;

b) Post-issuance management of Investment Registration Certificates;

c) Compliance with approved planning and plans by competent authorities.

Article 3. Principles of supervision and evaluation of foreign investment activities

1. In accordance with authority, functions, tasks, procedures, formalities, and based on legal provisions.

2. Without overlapping or duplication in terms of scope of objects, time, and content of inspection; coordination in monitoring, inspecting, and evaluating.

3. Timely, objective, accurate, and strict.

4. Transparent, not causing hindrance or impact on the normal operations of agencies, economic organizations, and foreign-invested projects during supervision and evaluation.

Article 4. Authority for supervision and evaluation of foreign investment activities

1. The Ministry of Planning and Investment

a) Supervision and evaluation of the implementation of state management over foreign investment;

b) Comprehensive supervision and evaluation of foreign-invested projects;

c) Inspection of foreign-invested projects within the Prime Minister’s or National Assembly’s approval authority, large-scale projects with significant impacts on socio-economic development, and other projects directed by the Government or the Prime Minister.

2. Sectoral state management agencies

a) Take the lead in supervising and evaluating compliance with sectoral laws for foreign-invested projects related to their areas of management.

Ministries and ministerial-level sectoral management agencies may authorize local sectoral management agencies to take the lead in deep sectoral supervision and evaluation. Local sectoral management agencies have the responsibility to report the results of supervising and evaluating investment projects in their regions to the relevant ministries and the local Investment Registration Authority.

b) For foreign-invested projects operating in sectors under the jurisdiction of ministries and ministerial-level sectoral management agencies for issuing Investment Registration Certificates (or equivalent legal documents), these projects will be subject to supervision and evaluation by these agencies in accordance with sectoral laws.

Ministries and ministerial-level sectoral management agencies have the responsibility to submit annual reports on supervision and evaluation to the Ministry of Planning and Investment before March 1st of the year following the reporting year.

c) Organize comprehensive supervision and evaluation of foreign investment activities within the scope of their management authority.

3. Provincial People's Committees

a) Organize comprehensive supervision and evaluation of foreign investment activities within their management scope;

b) Directly or delegate tasks to the Provincial Department of Planning and Investment to take the lead, coordinate with specialized agencies and units under the Provincial People's Committee to supervise and evaluate the operations of economic organizations and foreign-invested projects in their regions.

4. Investment Registration Authorities supervise and evaluate economic organizations and foreign-invested projects within their management authority in accordance with the law on investment.

5. Foreign investors and economic organizations with foreign invested capital shall conduct self-supervision and evaluation of projects in accordance with Article 70, Point a, Clause 1, Clause 2 of Article 74, and Clause 2 of Article 96 of Decree No. 29/2021/NĐ-CP.

Chapter II
SUPERVISION OF FOREIGN INVESTMENT ACTIVITIES

Section 1

MONITORING OF FOREIGN INVESTMENT ACTIVITIES

Article 5. Content and Methods of Monitoring

1. The investment registration agency shall monitor the contents prescribed in Clause 1 of Article 71 of Decree No. 29/2021/NĐ-CP.

2. The state management agency for investment shall monitor the contents prescribed in Clause 1 of Article 72 of Decree No. 29/2021/NĐ-CP.

3. Methods of Conducting Monitoring

a) Continuous monitoring;

b) Specialized monitoring.

Article 6. Continuous Monitoring

1. State management agencies and investment registration agencies shall assign responsibilities to units and individuals under their jurisdiction to continuously monitor and grasp the situation of economic organizations and foreign-invested projects within their assigned scope (referred to collectively as the monitors).

2. Monitors shall collect documents, materials, and information, and coordinate with relevant units to examine and identify issues. Where necessary, they may request foreign-invested economic organizations and foreign investors of foreign-invested projects to provide documents and materials to serve the monitoring process.

3. Monitors shall report periodically (every six months or annually) or at any time upon request from state management agencies or investment registration agencies, in writing, to the agency responsible for monitoring on the implementation status, operations, and difficulties faced by foreign-invested economic organizations and foreign investors and foreign-invested projects within their assigned areas and sectors. In cases where violations are detected during investment activities, they shall report to the agency responsible for monitoring for examination and decision-making.

4. Monitors shall urge the implementation of reporting systems as prescribed.

5. Monitors shall establish and retain project management files.

Article 7. Specialized Monitoring

1. Based on the needs of state management and through the work of grasping the situation, studying reports, and related materials, the agency responsible for monitoring shall develop programs and plans for monitoring certain economic organizations and foreign-invested projects within its management responsibility; notify these organizations and projects about the content, timing, and duration of the monitoring.

2. The agency responsible for monitoring shall develop specific monitoring plans for specialized topics concerning the objects in the plan; decide to form a supervisory team, assign specific tasks to each member of the supervisory team; issue a written request to the monitored economic organizations and projects to prepare and submit reports and materials for the monitoring process.

3. The supervisory team shall require foreign-invested economic organizations implementing projects to organize meetings to report; meeting participants shall exchange views, discuss the content of the report, and request explanations on necessary issues.

4. The supervisory team shall report in writing to the agency responsible for monitoring on the results of monitoring of foreign-invested economic organizations and projects. The report shall include the contents prescribed in Clause 1 of Article 5 of this Circular.

5. The agency responsible for monitoring shall review and evaluate the supervisory team's report; notify in writing the foreign-invested economic organizations and projects being monitored about their strengths, weaknesses, and deficiencies (if any), and necessary requirements.

6. The agency responsible for monitoring shall retain the results of the supervisory team in the project management file.

Section 2

INSPECTION OF FOREIGN INVESTMENT ACTIVITIES

Article 8. Content of inspection for economic organizations and foreign-invested projects

1. Progress in contributing registered charter capital, progress in disbursing registered investment capital; situation of statutory capital contribution (for industries and sectors with statutory capital requirements); total investment capital implemented and its ratio to the total registered investment capital.

2. Project implementation progress; achievement of project investment objectives; application of technology for projects subject to review and having opinions on technology (technology applied compared to technology reviewed and approved by competent authorities or having opinions; installation of machinery, equipment, production lines of the investment project); technology transfer for projects implementing technology transfer (transfer subjects, contents, methods, and results of technology transfer according to agreements between parties); fulfillment of commitments and compliance with investment conditions, market access conditions, investment incentive conditions, and investment support conditions when the project commences operations.

3. Compliance with financial obligations towards the State.

4. Compliance with laws on labor, foreign exchange management, environment, land, construction, fire prevention and fighting, and other specialized laws.

5. Financial situation of foreign-invested economic organizations

a) Value of contributed assets of each party (value of land use rights; value of machinery and equipment assets; intellectual property rights and other assets as prescribed by law);

b) Proper use of imported machinery and equipment creating fixed assets, imported raw materials, components for production that are exempt from import duties;

c) Verification of the determination of enterprise value and stock value at the time before listing on the stock exchange in certain special cases showing inflated enterprise value;

d) Transactions with parent companies abroad or associated companies;

đ) Implementation of debt payments (bank loans, corporate bond issuance, and other debts);

e) Establishment and utilization of reserve funds, depreciation of fixed assets, accounting for foreign exchange rate differences;

g) Distribution of profits for the state's contributed capital in economic organizations and foreign-invested projects;

h) Preservation of contributed capital in economic organizations and projects with state capital (including investments outside enterprises and receiving partners to contribute capital in joint ventures and associated enterprises within economic organizations).

6. Other contents related to the implementation of investment projects

a) Compliance with regulations on investment supervision and evaluation conditions and reporting and statistical systems as prescribed;

b) Compliance with measures to address violations that have been detected.

7. For projects requiring Investment Registration Certificates, in addition to the contents stipulated from Clause 1 to Clause 6 of this Article, the inspection content also includes the implementation of contents prescribed in the Decision Approving Investment Proposals, Investment Registration Certificate, and Enterprise Registration Certificate.

8. Depending on the purpose and requirements of the inspection work and the nature and characteristics of foreign-invested projects, the inspection content may include all or part of the contents prescribed in this Article.

Article 9. Contents of the inspection of the implementation of state management on foreign investment

1. The compliance of the investment project with relevant planning regulations under the law on planning.

2. The implementation of legal provisions regarding the issuance, adjustment, suspension, termination of the operation of the investment project, recovery of the Decision approving the investment orientation, Investment Registration Certificate by the registration authority according to the provisions of the law.

3. Preferential and support provisions for investment projects.

4. Supervision, evaluation, and post-investment support after issuing the Decision approving the investment orientation and the Investment Registration Certificate.

5. Performing the function of the central agency to compile reports on the implementation of investment projects as prescribed.

6. Compensation work, land clearance, land recovery, and land handover.

7. Contents stipulated in Clause 2, Article 71 of Decree No. 29/2021/NĐ-CP.

Article 10. Forms of Inspection

1. Regular inspection: carried out based on the annual inspection plan approved by the competent authority as prescribed in Article 4 of this Circular.

2. Spot inspection: conducted on a case-by-case basis, based on management requirements and actual situations, or based on requests and reflections from agencies, organizations, and individuals regarding issues encountered during the implementation of investment activities or during the organization and implementation of laws and policies on foreign investment, or signs of violations in the operations of economic organizations with foreign investment capital and foreign investment projects.

3. Specialized inspection: carried out in accordance with specialized legal regulations and based on the requirements of specialized state management agencies to assess the implementation of legal provisions related to their areas of jurisdiction.

Article 11. Methods of Inspection

1. Depending on the content and actual situation, the competent authority may conduct inspections through the following methods:

a) Through the National Investment Information System;

b) Through reports;

c) Organizing inspection teams or working groups.

2. Based on specific tasks, an inspection can be conducted using one method or a combination of the above methods to achieve the highest effectiveness.

Article 12. Establishment, Adjustment, and Announcement of Regular Inspection Plans

1. The inspection plan is established in a separate document or included in the work program of the competent authority as prescribed in Article 4 of this Circular. In cases where necessary, the unit assigned the main responsibility for inspection may submit to the head of the competent authority to adjust the inspection plan.

The inspection plan for the next year must be sent to the agency responsible for compiling the inspection plan as stipulated in Clauses 3 and 4 of this Article before November 30 each year.

2. The inspection plan shall be implemented according to Model No. 1 issued together with this Circular for units and agencies to apply when establishing inspection plans.

3. The Ministry of Planning and Investment is the agency responsible for compiling the annual inspection plan for economic organizations and foreign investment projects of ministries, sectors, and provincial People's Committees nationwide. In cases of overlapping inspection plans, the Ministry of Planning and Investment will notify the agencies with overlapping plans to adjust their inspection plans.

4. The Department of Planning and Investment is the agency responsible for compiling the annual inspection plan for economic organizations and foreign investment projects within the province or centrally-administered city. In cases of overlapping inspection plans, the Department of Planning and Investment will notify the agencies with overlapping plans to adjust their inspection plans.

The maximum time for public announcement of the Inspection Plan on the website of the Compiling Agency, the Leading Inspection Agency, and the National Investment Information System is seven days from the date the Inspection Plan is approved by the competent authority.

Article 13. Inspection through the National Investment Information System

1. Inspection through the National Investment Information System shall be conducted regularly, periodically, or unexpectedly as required.

2. The content of the inspection includes:

a) The contents stipulated in the Decision on Approval of Investment Orientation, Investment Registration Certificate;

b) The implementation of reporting requirements by state management agencies;

c) The implementation of information updating and reporting requirements by economic organizations implementing investment projects.

Article 14. Inspection through Reports

1. Inspection through reports shall be conducted periodically or unexpectedly as required by the competent authority for inspection or the agency assigned the inspection task.

2. The content of the report and the deadline for submitting the report must comply with the requirements of the competent authority for inspection or the agency, unit, or individual assigned the inspection task.

3. The competent authority for inspection or the agency, unit, or individual assigned the inspection task shall examine the report, process the information, request verification of the information, and issue a report on the inspection results.

4. The time given to the inspected agency or unit to prepare the report shall be at least twenty days from the date of receipt of the document requesting preparation of materials from the competent authority for inspection or the agency, unit assigned the inspection task. In special cases, the time for the inspected agency or unit to prepare the report shall be decided by the competent authority for inspection.

Article 15. Organization of Inspection Teams

1. Inspection through the organization of inspection teams shall be conducted periodically or unexpectedly as required by the competent authority for inspection. Based on actual circumstances, the competent authority shall coordinate with relevant agencies to conduct joint inspections or specialized inspections of investment activities. If there are two or more specialized inspections of the same project in the same year, a joint inspection team shall be established.

2. Establishment of Inspection Teams

a) The unit assigned the task of drafting the outline for the inspection and presenting it to the head of the competent authority for inspection to issue a Decision establishing the Inspection Team, specifying the name of the inspected entity, the composition of the inspection team (team leader, deputy team leader, members), scope, form, content, and duration of the inspection, responsibilities of the inspection team, the inspecting unit, and related units.

b) The team leader shall present to the head of the competent authority for inspection or the head of the unit authorized to approve the detailed inspection plan, including:

- Purpose and requirements of the inspection;

- Content of the inspection;

- Time and location of the inspection;

- Composition of the Inspection Team;

- Assignment of tasks to members of the Inspection Team;

- Work program of the Inspection Team;

- Budget estimate for the Inspection Team.

c) The leading agency or unit conducting the inspection shall have the responsibility to send a notification document to the inspected entity and related agencies (if any) regarding the inspection (time, location, content of the inspection; documents needed to be prepared to support the inspection work).

The model report to be prepared to support the inspection work is issued in Model No. 2 attached to this Circular for the leading agency or unit conducting the inspection to apply.

The time for conducting the inspection shall be determined by the team leader but must be at least five working days after the inspected agency or unit receives the inspection notification document or at least seven working days after the issuance of the Decision establishing the Inspection Team. The minimum preparation time for the inspected entity's documents is twenty days from the date of receipt of the document requesting preparation of materials.

In case of unexpected inspections, the inspection team must notify the inspected agency of the time and content of the inspection at least one working day before the inspection date. In necessary cases, the team leader may set the time for unexpected inspections.

3. The time for the Inspection Team to conduct the inspection shall be decided by the person issuing the decision to establish the team; however, the maximum time for on-site inspection by the Inspection Team is twenty days from the start of the inspection. In complex cases involving multiple agencies and wide areas, the inspection period may be extended up to thirty working days from the start of the inspection. The inspection time for each economic organization or project shall not exceed three working days. In complex cases, it can be extended further but not exceeding five working days.

4. Conducting Inspections

a) The team leader shall be responsible for organizing the implementation according to the detailed inspection plan;

b) The inspection team shall be responsible for collecting, studying, analyzing, and evaluating information and documents related to the inspection content; conducting checks and comparing information and documents (if necessary); checking the results of implementation to serve as the basis for the inspection result report;

c) The inspection team shall be responsible for preparing the Inspection Report. The Inspection Report shall be completed on the last day of the inspection at the inspected agency or unit. This report must be signed by the team leader or the delegated member (in cases of multi-issue or joint inspections) and the authorized representative of the inspected entity to serve as the basis for the Inspection Result Report and subsequent handling of the inspection results;

d) Upon completion of the inspection at the inspected site, the team leader shall be responsible for notifying the authorized representative of the inspected entity in writing and handing over the documents and equipment used during the inspection process.

Article 16. Budget Expenses

The budget expenses for inspection activities of state management agencies shall be allocated and arranged in the annual State budget and implemented according to the provisions of Articles 88, 89, and 90 of Decree No. 29/2021/NĐ-CP.

Article 17. Report on Inspection Results

1. Within twenty working days from the completion of the inspection, the Head of the Inspection Team or the main unit conducting the inspection shall be responsible for compiling and reporting the results of the inspection.

2. The draft report on inspection results must be sent to the relevant agencies participating in the inspection (in cases of inter-agency inspections) or to the members of the Inspection Team (in cases where an Inspection Team is established), and to the inspected agency or unit for comments before submitting to the competent authority for decision-making. The agency or member receiving the draft report must provide a written response within five working days from the date of receipt of the draft report on inspection results. If the main inspection agency does not receive feedback beyond this period, it will be deemed to agree with the content of the draft report on inspection results.

3. The contents of the report include the following issues:

a) Basis for conducting the inspection;

b) Form of inspection;

c) Time and location of inspection;

d) Participants in the inspection;

đ) Name of the inspected agency or unit;

e) Content of inspection;

g) Strengths and weaknesses of the inspected agency or unit; reasons for these weaknesses and deficiencies;

h) Opinions of the agencies or units participating in the inspection or members of the Inspection Team;

i) Recommendations of the inspected agency or unit;

k) Conclusions on handling within the scope of authority or proposals and recommendations to the competent authority regarding the handling and rectification of violations and deficiencies in implementation. This includes clearly stating the opinions adopted from the participating inspection agencies, members of the Inspection Team, or the inspected unit; the basis for adopting these opinions; recommendations on the approach to handling existing issues;

l) Other matters (if any).

4. The formal report on inspection results shall be submitted to the authority issuing the inspection decision for review and handling, and to the Ministry of Planning and Investment for consolidation of inspection situations.

5. Depending on the characteristics and circumstances of the inspection, the announcement of inspection results and the conclusion of the inspection shall be carried out within ten days from the date of receipt of the report from the Inspection Team. The report on inspection results will be publicly announced through one or more of the following methods:

a) Announced at a meeting including: the decision-maker for the inspection, the Inspection Team, the inspected entity, and related organizations and individuals;

b) Information published on mass media;

c) Posted on the website of the state management agency;

d) Posted at the headquarters of the inspected entity;

đ) Providing information upon request of related organizations.

Article 18. Rights, Obligations, and Responsibilities of Agencies and Units in Inspection Activities

1. Rights, Obligations, and Responsibilities of Inspection Agencies and Units

a) Notifying the inspected agency or unit about the time and content of the inspection, sending the report on inspection results to the inspected agency or unit; reporting the results of the inspection and proposing handling measures to the competent authority;

b) Requesting relevant specialized state management agencies with jurisdiction in the locality to cooperate and support the inspection;

c) Handling within the scope of authority or promptly recommending the competent authority to handle organizations and individuals who fail to implement or implement incorrectly policies and laws on investment and related legal regulations;

d) In cases where policies and laws are found to have inappropriate or unfeasible provisions, handling within the scope of authority or promptly recommending the competent state authority to review and amend them;

đ) Awarding commendations within the scope of authority or promptly recommending the competent authority to award commendations to organizations and individuals who implement policies and laws on investment and related legal regulations well.

2. Rights, Obligations, and Responsibilities of Inspected Agencies and Units

a) Cooperating and creating conditions for inspection agencies and units during the inspection process; appointing authorized persons and those involved to work with the Inspection Team;

b) Strictly implementing information and reporting systems as required by inspection agencies and units;

c) Reporting, providing truthful information and documents; bearing legal responsibility for the content of reports, information, and provided documents;

d) Adhering to decisions made by inspection agencies;

đ) Having the right to make recommendations and explanations regarding the conclusions of inspection agencies and persons with authority;

e) Bearing responsibility for failing to implement or implementing incorrectly policies and laws on investment and related legal regulations.

Article 19. Handling the Results of Inspection

1. Authorities, organizations, and individuals with jurisdiction shall be responsible for handling the results of inspection upon receiving reports on the inspection results. In cases where the authority exceeds its jurisdiction, it shall propose to the competent authority for consideration and decision.

2. The time limit for considering and handling the results of inspection shall be within fifteen working days from the date of receipt of the related party's request document.

3. Organizations, individuals who delay or cause difficulties for agencies during the inspection process and the handling of inspection results must bear responsibility under the law.

4. Handling the results of inspection must comply with legal regulations.

Chapter III
ASSESSMENT OF FOREIGN INVESTMENT ACTIVITIES

Article 20. Content of Final Assessment

1. The progress of registered capital contribution of foreign-invested economic organizations, statutory capital (for industries requiring statutory capital), investment capital contribution of foreign-invested projects; the raising and utilization of raised capital in accordance with the law.

2. Project implementation progress compared to the schedule specified in the Decision approving the investment orientation or Investment Registration Certificate.

3. Land use, labor use of the project; compliance with environmental protection laws.

4. Fulfillment of financial obligations to the state.

5. Evaluation of the results of implementing targets, mobilized resources, implementation progress, and project benefits.

6. Recommendations and suggestions.

Article 21. Content of Impact Assessment

1. Assessment of target achievement, investment scale (compliance with planning, consistency with the content of the Decision approving the investment orientation or Investment Registration Certificate, relevant specialized legal provisions).

2. Assessment of completion level (based on the content and schedule registered; content and schedule stipulated in the Decision approving the investment orientation or Investment Registration Certificate).

3. Assessment of investment efficiency (labor and land use; state budget revenue; investment cost; technology transfer, management experience, business skills) based on comparing costs and actual results achieved during exploitation and operation.

4. Assessment of production technology level, scientific and technological transfer, management and business experience.

5. Assessment of reporting compliance with state management agencies as prescribed.

6. Recommendations and suggestions.

Article 22. Content of Sudden Assessment

1. The appropriateness of project implementation results compared to investment objectives.

2. Completion level of work volume compared to the provisions in the Decision approving the investment orientation, Investment Registration Certificate.

3. Identification of unexpected occurrences (if any) and causes.

4. Impact of unexpected occurrences on project implementation and the ability to achieve project objectives.

5. Recommendations and suggestions.

Chapter IV
IMPLEMENTATION

Article 23. Implementation Provisions

1. This Circular takes effect from April 1, 2022.

2. This Circular replaces Circular No. 09/2016/TT-BKHĐT dated June 30, 2016, issued by the Minister of Planning and Investment guiding the supervision, inspection, and assessment of foreign investment activities in Vietnam.

Article 24. Implementation Organization

1. Ministries, sectors, People's Committees of provinces and centrally governed cities, and registration agencies shall organize the supervision and assessment of foreign investment activities within their management scope in accordance with this Circular.

2. The Ministry of Planning and Investment shall coordinate with ministries, sectors, People's Committees of provinces and centrally governed cities, and registration agencies to guide the implementation of this Circular.

3. During the implementation period, if there are any difficulties, relevant agencies, organizations, and individuals are requested to send their opinions to the Ministry of Planning and Investment for timely review and resolution./.

Place of Receipt:
- Prime Minister; Deputy Prime Ministers;

- National Assembly's Office;
- President's Office;
- Government Office;
- Supreme People's Court;
- Supreme People's Procuracy;
- Ministries, agencies equivalent to ministries, and agencies under the Government;
- People's Committees of provinces and centrally governed cities;
- Provincial Departments of Planning and Investment under the Central Government;
- Management Board of Industrial Zones, Export Processing Zones, Economic Zones, High-Tech Zones;
- Department of Legal Affairs, Ministry of Justice;
- Official Gazette;
- Government Electronic Portal;
- Electronic Portal of the Ministry of Planning and Investment;
- National Investment Information Portal;
- Ministry of Planning and Investment: Department Heads, Bureaus, Departments,
Institutes and units under the Ministry;
- To be filed: VT, Foreign Investment;

THE MINISTER
(Signed)



Nguyen Chi Dung

 

ANNEX

(Issued together with Circular No. 02/2022/TT-BKHĐT dated February 14, 2022, issued by the Minister of Planning and Investment)

Model No. 1

NAME OF AGENCY,
MAIN MANAGING BODY (1)
NAME OF THE ORGANIZATION (2)
-------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

No.: …../KH-…(3)

….(4)…, day….. month….. year …..

 

INSPECTION PLAN

…………………………………… (describe the content of the inspection activity)

- Based on …(inspection plan);

- Based on the Decision establishing the Inspection Team …

The following are the planned contents of the work program:

1. List of members:

1. Mr./Ms. …, Team Leader;

2. Mr./Ms. …, Deputy Team Leader (if applicable);

3. Mr./Ms. …, Member;

4. Mr./Ms. …, Member;

5. …………………..

2. Purpose and requirements of the inspection:

- …………………..

- …………………..

3. Contents of work:

3.1. Work content with the Registration Authority:

- Contents stipulated in Article 9 of this Circular.

- Assessment of the implementation situation and progress of foreign-invested projects under the management authority over the past period.

- Opinions on handling projects in the future.

3.2. Work content regarding the implementation and report on project performance of economic organizations:

- Contents stipulated in Article 8 of this Circular.

- Ability to implement projects in the near future;

- …………………………. (other contents according to the characteristics of the Inspection Team)

4. Work schedule:

No.

Name of agency/Economic organization/project

Working time

1.

 

 

2.

 

 

3.

 

 

4.

 

 

5.

 

 

4. Assignment of tasks:

4.1. General responsibilities of the Inspection Team members (as per the Decision establishing the Inspection Team).

4.2. Specific responsibilities of the members regarding preparation work, inspection duties, and responsibility for compiling the report.

5. Budget estimate and logistical arrangements:

- Travel and accommodation expenses during the work period shall be implemented according to the Decision establishing the Inspection Team.

- Air travel expenses (if applicable).

- Other travel expenses.

 

Place of Receipt:
- (1) …(to be reported);

- Item 1 (to be implemented);
- To be filed: VT,…

HEAD OF THE UNIT
(Signature, stamp, position, full name)

___________________

(1) Record the direct managing agency's name (if applicable).

(2) Record the inspection agency's name.

(3) Abbreviation of the inspection agency or unit assigned to conduct the inspection.

(4) Record the location name according to the Government's guidance on format.

 

Form No. 2

(Model Report Prepared for Meeting with the Inspection Team)

NAME OF ENTERPRISE
-------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

No.: …../…….

 

 

REPORT ON THE IMPLEMENTATION OF PROJECTS AND BUSINESS OPERATIONS OF ENTERPRISES

I. GENERAL INFORMATION ABOUT THE ECONOMIC ORGANIZATION, PROJECT:

1. Name of the economic organization:

Contact phone number: Mobile:

2. Investment License/Investment Certificate/Enterprise Registration Certificate: Date issued:

Amendments (if any): Date issued:

Summary of amendment contents:

Requirements: Attach the following Investment License/Investment Certificate/Enterprise Registration Certificate amendments.

3. Investor (list each investor's name and country/territory):

4. Head office address:

5. Project name:

6. Project objectives:

7. Project investment capital:

- Total registered investment capital (USD):

- Total contribution from investors (USD):

Where:

+ Investor ...: contributes ... USD, including cash ... USD, other ... USD, proportion in total contributions;

+ Investor ...: contributes ... USD, including cash ... USD, other ... USD, proportion in total contributions;

- Capital contribution schedule:

- Regulations on incentives and support for investment projects and implementation of incentive conditions.

8. Operation period: ... years

9. Implementation location:

II. PROJECT IMPLEMENTATION SITUATION

1. Administrative procedures implementation:

- Tax code: (date issued)

- Construction procedures: Construction permit number: (issued date);

2. Investment capital implementation (USD):

2.1. Each investor's capital contribution:

No.

Name of investor

Registered capital contribution (USD)

Actual capital contribution (USD)

Total

Details

Contribution date, document number

1

 

 

 

- Cash:

- Land:

- …………….

 

2

 

 

 

 

 

 

Total

…..………

……..…

 

 

2.2. Capital raised, including: foreign loans, loans from parent company, loans from domestic credit institutions, and other capital raising methods (issuing shares, bonds, from customers, etc.):

No.

Lender's name (country)

Loan amount (USD)

Loan date:

Document number:

1

 

 

 

2

 

 

 

 

Total

……………

 

3. Progress of each target/project component, project investment costs:

No.

Work/project component

Commitment schedule according to HS/Enterprise Registration Certificate

Actual progress

Estimated total cost

Actual cost incurred

 

 

(from ../../... to ../../...)

 

USD

USD

1

 

 

 

 

 

2

 

 

 

 

 

 

Total

 

 

 

 

- Comment on whether the project has been implemented according to the commitment schedule, if delayed, explain the reasons:

4. Land use:

4.1. Allocated land and usage situation:

No.

Approved total area when granting permission

Area with lease decision

Area with lease decision

Used area

Unused area

 

(ha)

Position

(ha)

(ha)

(ha)

 

 

 

 

 

 

 

 

 

 

 

 

Note: (Attach related documents and decisions regarding the project's land)

4.2. Explanation and opinions on land leasing and usage, implementation of land usage schedule, if delayed, specify the reasons: ...

….……………….……………….…………………………………………………………………..

5. Design capacity, production situation (for production projects):

Unit of measurement:

 

Previous year

Previous Year

Forecast for reporting year

||| Approved Budget

 

 

 

Production volume, total

Where:

-

-

 

 

 

Consumption volume, total

Where:

-

-

 

 

 

6. Business performance, financial obligations to the state:

Unit of measurement:

No.

Content

Previous year

Previous Year

Cumulative (since establishment)

1

Pre-tax profit/(loss)

 

 

 

2

Taxes paid to State Budget (total payable)

…………

………

……………..

2.1

- Corporate income tax

 

 

 

2.2

- Import-export tax

 

 

 

2.3

- Others

 

 

 

2.4

- Personal income tax

 

 

 

2.5

- Land rent, water, sea surface rent

 

 

 

2.6

- Other taxes paid to State Budget (specify tax name)

 

 

 

2.7

MINERAL RESOURCES TAX

 

 

 

...

- ………………..

 

 

 

3.

Taxes paid to State Budget (total actually paid)

 

 

 

4.

Taxes paid to State Budget (total overdue)

 

 

 

5.

Economic organization/project equity capital

 

 

 

 

Total

 

 

 

6. Labor force (number of people):

 

(thousand dong/year)

Vietnamese employees

Foreigners

Quantity

Nationality

With labor certificate

Management staff

 

 

 

 

 

Technical staff

 

 

 

 

 

Executive Director

 

 

 

 

 

Consultant

 

 

 

 

 

Total:

……….

………..

………..

 

……….

7. Supply, standard, and actual consumption of coal, electricity, raw materials(for mineral projects, production projects):

- Main raw material extraction and supply situation (limestone, clay, etc.):

- Thermal energy consumption: kcal/unit product

- Electrical energy consumption: kWh/unit product

- Investment in equipment systems to utilize exhaust gas heat for power generation: Already invested and put into operation (in month ..., year ..., investment value: ...; power generation capacity); If not, when will the investment be made;

8. Compliance with environmental protection regulations:

- Decision approving the Environmental Impact Assessment Report (decision number, date, issuing authority) or Environmental Protection Commitment

- Objectives and capacity registered according to Enterprise Registration Certificate.

- Objectives and designed capacity approved/confirmed by environmental management authority.

- Waste treatment facilities investment items and costs: ...

- Waste treatment situation:

No.

Type of waste

Discharge location

Discharge volume

Concentration

I

Solid waste

 

 

 

1

....

 

 

 

2

....

 

 

 

II

Liquid waste

 

 

 

1

….

 

 

 

2

....

 

 

 

III

Gaseous waste

 

 

 

1

....

 

 

 

2

....

 

 

 

- Evaluation of compliance with waste treatment conditions as stipulated by environmental protection laws.

III. Overall assessment of economic organization activities:

1. Economic and social effectiveness of the project (to date and future):

2. Future project implementation plan, specify tasks and time schedule:

3. Issues arising during the implementation of cement production investment projects, suggestions related to policies, laws, and state management mechanisms.

 

Place of Receipt:
- …

..., day ..., month ..., year ...
General Director/Managing Director
(Signature and stamp (if applicable))

 

原始文件(PDF)

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关系图

02/2022/TT-BKHĐT
Circular No. 02/2022/TT-BKHĐT guiding the supervision and evaluation work for foreign investment activities in Vietnam.
In effect

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