Directive No. 03/2001/CT-BKH on the implementation of statistical reporting for foreign direct investment

DIRECTIVE

Regarding the implementation of the reporting system for foreign direct investment statistics

The Government has issued Resolution No. 09/2001/NQ-CP dated August 28, 2001 on enhancing attraction and improving the effectiveness of foreign direct investment during the period 2001-2005, which assigned to "authorities issuing investment licenses must regularly review and classify foreign direct investment projects that have been granted investment licenses to take appropriate measures to promptly resolve difficulties for foreign-invested enterprises."

Strengthening information exchange between foreign-invested enterprises and foreign joint venture partners with authorities issuing investment licenses is very necessary. On the other hand, strictly complying with the reporting system is the legal responsibility of enterprises and local authorities issuing investment licenses as stipulated in the Law on Foreign Investment in Vietnam, Government Decree No. 24/2000/NĐ-CP dated July 31, 2000, and Circular No. 12/2000/TT-BKH dated September 15, 2000 of the Ministry of Planning and Investment.

In reality, many foreign-invested enterprises and foreign joint venture partners have implemented the prescribed reporting system well in recent times. However, alongside this, there are still many units that have not strictly adhered to the reporting requirements, being late in time, providing inaccurate information, and even some units that have not implemented their projects but also fail to report and do not contact the licensing authority. Provincial Departments of Planning and Investment, Industrial Park Management Boards, and Provincial Statistics Offices under the central government have not timely inspected, urged, and reminded. This situation has caused significant difficulties for central and local management agencies in tracking, summarizing the situation, and thus taking timely measures to resolve issues and obstacles for foreign direct investment projects.

To implement Government Resolution No. 09/2001/NQ-CP and to address the above situation, the Ministry of Planning and Investment has adopted new measures to improve the work of collecting, circulating, and summarizing information on foreign direct investment, including improving the content of the reporting system and connecting enterprises with management authorities through networking. In the short term, the Ministry of Planning and Investment requests:

1. All foreign-invested enterprises and foreign joint venture partners holding valid investment licenses, regardless of whether they are centrally or locally managed, and whether they are currently constructing or operating, must fully comply with the current reporting system, including:

- Periodic statistical reports as stipulated in Circular No. 01/LB dated March 30, 1997 of the Ministry of Planning and Investment - General Statistics Office.

- Annual financial reports audited as stipulated in Article 64 of Government Decree No. 24/2000/NĐ-CP dated July 31, 2000 detailing the implementation of the Law on Foreign Investment in Vietnam.

- Final project settlement reports (after completion) and investment capital utilization reports (reported once after the official commencement of production and business operations), as stipulated in Articles 34 and 35 of Circular No. 12/2000/TT-BKH dated September 15, 2000 of the Ministry of Planning and Investment guiding foreign investment activities in Vietnam.

To evaluate compliance with the reporting system in 2001, foreign-invested enterprises and foreign joint venture partners shall self-inspect their reporting performance in 2001 and submit a written notification to the Ministry of Planning and Investment, Provincial Departments of Planning and Investment (for projects outside industrial parks and export processing zones), and Provincial Industrial Park Management Boards (for projects within industrial parks and export processing zones) before October 30, 2001, using Model No. 1 attached.

2. Provincial Departments of Planning and Investment and Industrial Park Management Boards shall perform the following tasks:

- Cross-check the notifications from foreign-invested enterprises and foreign joint venture partners against received reports, and issue confirmation letters to these enterprises and partners (using Model No. 2 attached, or another suitable form).

- Review all valid foreign direct investment projects within their jurisdiction, classify them, and compile a summary of the compliance with the reporting system by foreign-invested enterprises and foreign joint venture partners; self-inspect the implementation of the reporting system as stipulated in Article 57 of Circular No. 12/2000/TT-BKH dated September 15, 2000 of the Ministry of Planning and Investment regarding the issuance and adjustment of investment licenses and the results of foreign investment in 2001; these tasks must be reported to the Ministry of Planning and Investment and the People's Committee of the province before November 15, 2001, using Model No. 3 attached.

- Regularly inspect and remind (including in writing) foreign-invested enterprises and foreign joint venture partners to comply with the reporting system as required. If reminders are given and the enterprise or partner fails to report for three consecutive months, the Provincial Department of Planning and Investment or the Industrial Park Management Board shall report to the People's Committee of the province and the Ministry of Planning and Investment for guidance on resolution measures.

3. Heads of the Departments of Overseas Investment Project Management, Industrial Park Management, and Overseas Investment, and Heads of the Ministry of Planning and Investment's representative offices in Ho Chi Minh City shall coordinate with Provincial Department of Planning and Investment Directors and Industrial Park Management Board Heads to strictly and fully implement this Directive.

During the implementation process, if any issues arise, they should be promptly reported to the Minister of Planning and Investment for consideration and guidance on resolution.

Model No. 1 (to be submitted before October 31, 2001)

NOTICE

IMPLEMENTATION OF THE REPORTING SYSTEM IN 2001

Company..., established according to Investment License No.../CP dated..., located at..., telephone number..., fax number... has submitted the following report:

1. Periodic statistical reports as prescribed in Circular No. 01/LB dated March 30, 1997, issued jointly by the Ministry of Planning and Investment and the General Statistics Office:

Total number of... reports, including:

- The 2000 report sent on...

- The first half-yearly report for 2001 sent on...

- Monthly reports of... months sent on...

2. The audited financial report for the year 2000, as prescribed in Article 64 of Decree No. 24/2000/NĐ-CP dated July 31, 2000, was submitted to the Ministry of Planning and Investment on...

(If not reported, specify: not reported, reasons and deadline for submission of the report).

3. Final account report of the project (or investment capital final account report), as prescribed in Articles 34 and 35 of Circular No. 12/2000/TT-BKH dated September 15, 2000, issued by the Ministry of Planning and Investment, sent on... and received confirmation document No... dated... from...

(If this type of report has not been submitted since the start of the project, specify: not reported, reasons and deadline for submission of the report. If it has already been reported in previous years, specify: reported in year...).

Suggestions of the company (if any):

                                                                                                      General Director
                                                                                                         Company...
                                                                                                    (Signature, stamp)

Form No. 2

 CONFIRMATION OF COMPLIANCE WITH REPORTING REGULATIONS
STATISTICAL REPORTS IN 2001

Unit: Equivalent USD: Company...

According to the notification of Company... at document No... dated..., in 2001, the Company submitted a total of... statistical reports to the Department of Planning and Investment (Industrial Park Management Board) for the periods:..., ..., ...

In fact, the Department of Planning and Investment (Industrial Park Management Board) received... statistical reports for the periods:..., ..., ...

Unreceived reports:...

Comments on the time of submission, accuracy of data, and any requirements (if applicable):...

Notification for the Company's information.

                                                                                 2. The Department of Planning and Investment has legal personality, its own seal and separate account; it is subject to the direction and management of the provincial People's Committee regarding organization, staffing, and personnel work; at the same time, it is subject to the direction, guidance, inspection, and supervision of the Ministry of Planning and Investment in terms of professional and technical matters.
                                                                                      (INDUSTRIAL PARK MANAGEMENT BOARD)
                                                                                      PROVINCE, (CITY)..
                                                                                   Director (Board Chairperson)
                                                                                         (Signature, stamp)

Place of Receipt:
As above,
- Provincial People's Committee,
- Ministry of Planning and Investment,
- To be filed

Form No. 3 (to be submitted before November 15, 2001)

REPORT

Part I: Classification of Foreign Direct Investment Projects as of October 31, 2001

PROJECTS WITH INVESTMENT LICENSES STILL IN EFFECT ...projects

investment capital: ...USD,

including:

- Processing administrative procedures and under construction:... projects, investment capital:...USD

- In production and business operation:... projects, investment capital:... USD

- Temporarily suspended with approval documents:... projects, investment capital:...USD

- Not yet implemented and currently inactive:... projects, investment capital:...USD

Among which: unable to continue implementation and will withdraw license:... projects, investment capital:...USD

(+ Central management:... projects, investment capital:...USD;

+ Local management:... projects, investment capital:...USD)

(Attached is a list of each type of project mentioned above with criteria: license number, date of issuance, project name, registered investment capital, actual investment capital, office address, phone number, fax number, current status of the project, handling measures for projects that have not been implemented and are currently inactive).

Part II: Implementation Status of Reporting and Statistics Regulations in 2001 for Enterprises with Foreign Investment Capital and Joint Ventures with Foreign Parties (As stipulated in Circular No. 01/LB dated March 30, 1997)

1. Number of reports received in 2001:...reports (including annual reports for 2000 and monthly reports from January to October 2001), among which:

- Annual report for 2000:... reports/... units required to report

- January:... reports/... units required to report

- February:... reports/... units required to report

- March:... reports/... units required to report

- ....

2. Average number of reports received per project:... reports (calculated by dividing the total number of reports received by the number of projects required to report, i.e., projects that are being implemented and are in production and business operation).

3. Ratio of reports received compared to regulations (%):

- Based on the number of reports:...% (calculated by dividing the actual number of reports received by the number of reports required to be submitted according to regulations)

- Based on the number of projects:...% (calculated by dividing the number of projects that submitted reports by the number of projects required to submit reports).

4. Comments on the quality of reports (accuracy of data and submission time):...

Recommendations to the Ministry of Planning and Investment and Provincial People's Committees, if applicable:...

Part III: Implementation Status of Reporting Regulations of the Department of Planning and Investment (Industrial Park Management Board) to the Ministry of Planning and Investment (As stipulated in Circular No. 12/2000/TT-BKH dated September 15, 2000)

Total... statistical reports, including:

- Weekly reports according to Model 1 - Appendix VI of the Circular:... reports, sent on..., ..., ...

- Weekly reports according to Model 2 - Appendix VI of the Circular:... reports, sent on..., ..., ...

- Monthly reports according to Model 3 - Appendix VI of the Circular:... reports for the months of..., ..., ..., sent on..., ..., ...

- Comprehensive foreign direct investment reports for 2000, Q1, 6 months, and Q3 2001:... reports, sent on..., ..., ...

Recommendations to the Ministry of Planning and Investment (if applicable):

                                                                                   2. The Department of Planning and Investment has legal personality, its own seal and separate account; it is subject to the direction and management of the provincial People's Committee regarding organization, staffing, and personnel work; at the same time, it is subject to the direction, guidance, inspection, and supervision of the Ministry of Planning and Investment in terms of professional and technical matters.
                                                                      (INDUSTRIAL PARK MANAGEMENT BOARD)
                                                                      PROVINCE (CITY)..
                                                                                          Director (Board Chair)
                                                                                          (Signature, Seal)