Circular No. 09/2016/TT-BKHĐT guiding the supervision, inspection, and evaluation of foreign investment activities in Vietnam.

CIRCULAR

Guidelines on monitoring, inspection, and evaluation of investment
for foreign investment activities in Vietnam

 

Pursuant to the Investment Law No. 67/2014/QH13;

Pursuant to Decree No. 84/2015/NĐ-CP dated September 30, 2015 of the Government on investment supervision and evaluation;

Pursuant to the Government Decree No. 118/2015/NĐ-CP dated November 12, 2015 detailing and guiding the implementation of the Investment Law;

Pursuant to Decree No. 116/2008/ND-CP dated November 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

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

The Ministry of Planning and Investment guides the monitoring, inspection, and evaluation of foreign investment activities as follows:

 

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.

This Circular stipulates the monitoring, inspection, and evaluation of foreign investment activities in Vietnam.

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 activities include Ministries, ministerial-level agencies, provincial People's Committees, Investment Registration Agencies, and other state management agencies responsible for investment according to the laws on investment;

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:

a) Implemented by an economic organization with foreign invested capital and granted an Investment Registration Certificate in accordance with the law;

b) A Joint Business Contract project involving foreign investors or economic organizations with foreign invested capital as defined in Clause 1, Article 23 of the Investment Law.

2. Inspecting the implementation of state management work on foreign investment is an activity carried out periodically according to plans or at random by central state management agencies regarding the Investment Registration Agency on:

a) Issuing, adjusting, and revoking Investment Registration Certificates;

b) Post-grant management of Investment Registration Certificates;

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

Article 3. Purpose of monitoring, inspecting, and evaluating foreign investment activities

1. Monitoring, inspecting, and evaluating compliance with regulations on managing foreign investment activities by various levels and sectors.

2. Ensuring the effectiveness of legal provisions governing the management of economic organizations and projects with foreign invested capital.

3. Ensuring that the investment process of projects complies with legal provisions, thereby ensuring the objectives and socio-economic efficiency of the projects.

4. Identifying unreasonable issues and violations in the implementation organization to promptly rectify or propose adjustments to foreign investment laws and policies and handle violations in accordance with the law.

5. Supervising the handling and compliance with measures addressing identified issues.

6. Rewarding agencies, organizations, and individuals who have achieved results in implementing investment policies and laws.

Article 4. Principles of monitoring, inspecting, and evaluating foreign investment activities

1. Adhering to the principles of investment supervision and evaluation prescribed in Article 4 of the Government Decree No. 84/2015/NĐ-CP dated September 30, 2015 on investment supervision and evaluation.

2. Within the scope of authority, functions, tasks, procedures, and based on legal provisions.

3. Without overlapping or duplication in terms of subject matter, time, and content of inspections; coordination in monitoring, inspecting, and evaluating.

4. Timely, objective, accurate, and strict.

5. Transparent, without hindering or adversely affecting the normal operations of agencies, economic organizations, and foreign-invested projects during the monitoring, inspecting, and evaluating process.

Article 5. Competence to monitor, inspect and evaluate foreign investment activities

1. The agency approving the investment orientation shall organize monitoring and inspection for projects that have been approved within its competence.

2. The Ministry of Planning and Investment.

a) Inspect the implementation of state management work on foreign investment;

b) Supervise and evaluate overall foreign-invested projects;

c) Inspect foreign-invested projects belonging to the following groups: Projects under the approval authority of the National Assembly and the Prime Minister; Projects for which the Ministry of Planning and Investment issues Investment Registration Certificates or reviews and assesses; Projects directed by the Government or the Prime Minister; Projects required by state management work on foreign investment activities by sector, field, and region.

3. Sectoral ministries and agencies equivalent to ministries.

a) Take the lead in inspecting and evaluating the implementation of relevant laws on specialized management within their authority.

Coordinate with the Ministry of Planning and Investment, provincial People's Committees, and Investment Registration Agencies to monitor, inspect, and evaluate the implementation of laws on foreign investment.

Sectoral ministries may authorize local specialized management agencies to take the lead in conducting in-depth inspections and evaluations in their respective fields of management.

Local state management agencies in each specialized field are responsible for reporting inspection and evaluation results of investment projects in their regions to sectoral ministries and informing the Investment Registration Agency in their regions about these results to serve as a basis for tracking, compiling, analyzing, and conducting in-depth evaluations and unifying nationwide according to the assigned management sectors.

b) For foreign-invested projects operating in specialized fields under the issuance authority of Investment Registration Certificates by sectoral ministries, they will be subject to monitoring, inspection, and evaluation by these agencies according to specialized laws.

Sectoral ministries are responsible for sending reports on inspection and supervision implementation to the Ministry of Planning and Investment for annual consolidation before February 20 of the year following the report year.

Organize the comprehensive monitoring, inspection, and evaluation of foreign investment activities within the scope of their management authority.

4. Provincial People's Committees.

a) Organize the comprehensive monitoring, inspection, and evaluation of foreign investment activities within the scope of local management;

b) Directly or assign tasks to the Provincial Department of Planning and Investment to lead and coordinate with specialized agencies of the provincial People's Committee to monitor, inspect, and evaluate the operations of economic organizations and foreign-invested projects in their regions.

5. Investment Registration Agencies.

Monitor, inspect, and evaluate economic organizations and foreign-invested projects under their management according to laws on investment.

6. Investors and economic organizations shall organize self-monitoring, inspection, and evaluation of projects in accordance with Article 34, Point a Clause 1, Clause 2 Article 38, and Clause 2 Article 64 of Decree 84/2015/NĐ-CP dated September 30, 2015 of the Government on supervision and evaluation of investment.

 

PART II
MONITORING FOREIGN INVESTMENT ACTIVITIES
 

Article 6. Content of monitoring foreign-invested projects

1. The implementation status of reporting systems by investors;

2. Implementation status of investment projects; operation and exploitation of projects;

3. Implementation status of environmental protection requirements, land use, and mineral resource utilization for investment projects;

4. Timely feedback and handling of arising issues within the scope of authority;

5. Monitoring the handling and compliance with measures imposed on investors;

6. Reporting and proposing solutions to difficulties and obstacles faced by foreign-invested economic organizations, foreign investors, and issues exceeding authority.

Article 7. Methods of monitoring foreign-invested projects

1. State agency monitoring of foreign-invested projects is conducted in two ways: regular monitoring and thematic monitoring.

2. Regular monitoring includes direct monitoring and indirect monitoring.

Article 8. Regular monitoring.

The Investment Registration Authority assigns responsibilities to units, officers, and specialists under its jurisdiction to monitor according to sectors, regions, and projects (referred to collectively as monitors).

1. Direct monitoring.

a) Monitoring through direct, ongoing activities in sectors and regions:

- Monitors are responsible for regularly grasping the situation of foreign-invested projects within their assigned scope.

- Collecting documents, materials, and information for research, examination, and identification of issues related to assigned projects.

If necessary, they may request economic organizations and project sponsors to provide documents and materials to facilitate monitoring.

- Periodically (every six months, annually) or ad hoc, report in writing to the responsible monitoring authority about the implementation, operations, and difficulties of foreign-invested projects within their assigned sectors and regions.

In case of discovering signs of violations by economic organizations or projects, immediately report to the responsible monitoring authority for consideration and decision.

- Urging economic organizations and project sponsors to comply with reporting regulations.

- Establishing and storing management files for projects.

b) Monitoring through participation in inspection teams of state agencies.

When assigned to participate in inspection teams of the Investment Registration Authority, higher-level authorities, or specialized management agencies to inspect foreign-invested projects within their assigned responsibility, monitors must perform the following tasks:

- Actively grasp the situation related to the content and subjects of work.

- Study reports and materials related to the content and subjects of work to serve the team's work and monitoring.

- Grasp actual situations from various channels (through media; organizations and individuals, complaints and denunciations, audits, inspections, tax management, etc.) regarding economic organizations and projects where the team is working to identify issues serving the team's work and monitoring.

- Report the results of participating in the inspection team to the responsible monitoring authority.

- Establishing and storing management files for projects.

2. Indirect monitoring.

Indirect monitoring by the responsible monitoring authority (directly by monitors) of economic organizations and foreign-invested projects is as follows:

- Studying and grasping the situation through reports and notifications of inspection results by competent state agencies; studying reports on the implementation status of projects by economic organizations and foreign-invested projects to identify issues.

- Exchanging and grasping the situation from state management agencies (business registration, tax administration, police, customs, specialized management agencies, etc.), political-social organizations; through public reflections, mass media, and complaints and denunciations to understand the situation of economic organizations and projects under their management and monitoring. Through researching documents, reports, and materials sent by monitored economic organizations and projects for study and issue identification to serve monitoring.

When necessary and with the approval of the leadership, monitors can exchange with economic organizations and foreign-invested projects via telephone, email, or meet directly to clarify issues related to monitoring content. The content of exchanges must be officially sent in writing by the Investment Registration Authority to economic organizations and project sponsors within three days from the date of telephone, email exchange, or direct meeting.

- Through monitoring, monitors report to the Investment Registration Authority for review, reminders, and requests for economic organizations and monitored projects to correct deficiencies and shortcomings (if any).

- Establishing and storing management files for projects.

Article 9. Specialized Monitoring

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

2. The responsible monitoring agency shall establish specific monitoring plans for the subjects determined in the plan; decide to form a supervisory team, assign specific tasks to each member of the supervisory team; issue a document requesting the monitored economic organization or project to prepare and submit reports and documents serving the monitoring process.

3. Require economic organizations and foreign-invested projects to organize meetings for the supervisory team to hear reports and explanations; meeting participants exchange and discuss the contents of the report.

The supervisory team exchanges, proposes, and requests from the monitored economic organization or project regarding necessary issues.

4. The supervisory team shall report in writing to the responsible monitoring agency on the results of monitoring the economic organization or project. The report includes the contents specified in Article 6 of this Circular.

5. The responsible monitoring agency shall review and evaluate the supervisory team's report; notify in writing the monitored economic organization or project about the monitoring results, including strengths, shortcomings, and deficiencies (if any), and necessary requirements.

6. The monitor shall file the supervisory team's results in the project management file.

Article 10. Reporting on the Monitoring of Foreign-Invested Projects

1. The investment registration agency is responsible for preparing a general report on the monitoring situation of projects under its management and sending it to the Ministry of Planning and Investment before February 20 of the year following the reporting year. The report includes the contents specified in Article 6 of this Circular.

2. The Ministry of Planning and Investment shall compile and provide a general assessment of difficulties and obstacles encountered during the implementation of foreign-invested projects nationwide; propose unified policy solutions applicable nationwide; rectify and ensure investment in accordance with planning, objectives, schedules, and effectiveness.

 

Chapter III
INSPECTION OF FOREIGN INVESTMENT ACTIVITIES
 

Section 1
CONTENT AND PLAN FOR INSPECTION

Article 11. Content of Inspection of State Management Activities Related to Foreign Investment

1. Issuance of regulatory legal documents guiding according to authority; implementation of laws and policies on foreign investment.

2. Work on developing plans.

3. Appropriateness of policies with economic and social conditions.

4. Compliance with development plans and investment plans.

5. Implementation of legal provisions on investment decision-making; issuance, adjustment, and recovery of Investment Registration Certificates by the issuing authority according to legal provisions on investment.

6. Provisions of incentives and support for investment projects.

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

8. Implementation of post-investment monitoring, inspection, evaluation, and support responsibilities after granting investment approval or Investment Registration Certificate.

9. Performance of the function of the central agency in compiling and reporting on the implementation of investment projects as prescribed.

10. Handling of difficulties and complaints of foreign investors.

Article 12. Contents of inspection for economic organizations and foreign-invested projects

1. Progress in contributing registered capital and investment capital; compliance with statutory capital requirements (for industries subject to such requirements); actual total investment compared to registered total investment.

2. Project implementation progress; achievement of project investment objectives; implementation and transfer of technology as committed (technology content, effectiveness of technology transfer, installation of machinery and equipment, production lines of the investment project); fulfillment of commitments and conditions for investment, eligibility for investment incentives and support when the project commences operation.

3. Financial obligations to the State (taxes, fees, rents for land, water surfaces...).

4. Compliance with labor laws; collective labor agreements, wage scales; registration of internal labor regulations with competent authorities; implementation of policies regarding labor contracts, wages, working hours, rest periods, social insurance, and other types of insurance such as health insurance, unemployment insurance, accident insurance, etc., for workers; implementation of Vietnamese laws on management of foreign experts working in Vietnam; compliance with regulations on entry-exit, temporary residence, and absence for both domestic and foreign workers.

5. Compliance with laws on foreign exchange management.

6. Compliance with laws on land management, land leasing, land use, change of land use purpose; mineral resources; environmental protection.

7. Financial situation of foreign-invested economic organizations:

a) Value of contributed assets by each party (value of land use rights; value of machinery and equipment assets; intellectual property rights, etc.).

b) Proper use of imported machinery and equipment for fixed assets eligible for import tax exemption.

c) Verification of enterprise valuation and stock value at the time before listing on the stock market in certain special cases showing inflated enterprise value.

d) Transactions with parent companies abroad or associated companies.

e) Implementation of debt payments (bank loans, corporate bond issuance, etc.).

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

g) Maximum and minimum contribution ratios of parties in BT projects and other projects accompanying BT projects; capitalization of development costs in BOT projects.

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

i) Preservation of contributed capital in economic organizations and projects with state investment (including investments outside the business and acceptance of partners for joint venture and associated contributions in economic organizations).

8. Other contents related to the implementation of investment projects, including:

a) Compliance with construction laws, quality management of construction works; fire prevention and control;

b) Compliance with regulations on investment supervision and evaluation, and reporting and statistical systems;

c) Other contents related to investment projects;

d) Compliance with measures to address identified issues.

9. For projects requiring Investment Registration Certificates, in addition to the contents stipulated from Clause 1 to Clause 8 of this Article, the inspection also includes compliance with provisions set out in the decision on investment orientation, Investment Registration Certificate, and Enterprise Registration Certificate.

10. Depending on the purposes and requirements of the inspection work and the nature and characteristics of foreign-invested projects, the inspection contents may include all or part of the provisions set forth in this Article.

Article 13. Forms of Inspection

1. Regular inspection.

Regular inspection is conducted based on the annual inspection plan approved by the competent authority as stipulated in Article 5 of this Circular.

2. Spot inspection.

Spot inspection is carried out on a case-by-case basis, based on management requirements and actual circumstances, or upon requests or reports from agencies, organizations, or individuals regarding issues encountered during the implementation of investment activities or in the organization and implementation of foreign investment laws and policies.

3. Specialized inspection.

Specialized inspection is conducted based on the requirements of specialized management agencies to assess the implementation of relevant legal provisions within their jurisdiction.

 

 

Article 14. 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 Information System on Foreign Investment;

b) Through written reports;

c) Through mid-term and final reviews;

d) Meetings, briefings;

đ) Working with inspected agencies or units;

e) Organizing inspection teams or working groups;

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

Article 15. Establishment, Adjustment, and Announcement of Regular Inspection Plans

1. Regular inspections must have plans. The inspection plan can be drafted as a separate document or included in the work program of the competent authority as stipulated in Article 5 of this Circular. In necessary cases, the unit assigned the main responsibility for inspections may submit to the head of the competent authority for adjustment of the inspection plan.

2. The unit assigned the main responsibility for inspections shall establish the inspection plan, specifying the time, location, subjects, forms, contents of inspection, and coordinating units,...

The inspection plan for the following year for projects specified in Point c Clause 2, Clause 3, and Clause 4 of Article 5 of this Circular must be submitted to the agency responsible for consolidating the inspection plan as stipulated in Clause 3 of this Article before November 30 each year.

3. The Ministry of Planning and Investment (Foreign Investment Department) is the agency responsible for consolidating the annual inspection plans for economic organizations and foreign-invested 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 relevant agencies to adjust their inspection plans.

4. The Department of Planning and Investment is the agency responsible for consolidating the annual inspection plans within the province or centrally-administered city.

5. The inspection plan shall be publicly announced and notified on the website of the consolidating agency, the leading inspection agency, and the National Portal on Foreign Investment.

 

 

Section 2
ORGANIZATION OF INSPECTION

Article 16. Inspection through the National Information System on Foreign Investment

1. Inspection through the National Information System on Foreign Investment is conducted regularly, periodically, or on an ad hoc basis as required.

2. The content of the inspection includes:

a) Contents specified on the Investment Registration Certificate issued by the Investment Registration Authority;

b) Implementation of investment procedures and formalities on the system of the Investment Registration Authority;

c) Compliance with online reporting systems by economic organizations implementing investment projects.

Article 17. Inspection through reports

1. Inspection through reports is conducted periodically or at random upon request of the authorized inspection authority 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 authorized inspection authority or the agency assigned the inspection task.

3. The authorized inspection authority or the agency assigned the inspection task shall examine the report, process information, request verification of information, and report on the inspection results.

4. The time given to the inspected agency to prepare the report shall be at least seven working days from the date of receipt of the request of the authorized inspection authority or the agency assigned the inspection task. In special cases, the time for preparing the report shall be decided by the authorized inspection authority.

Article 18. Inspection through mid-term and final reviews; meetings and briefings

1. Inspection through mid-term and final reviews; meetings and briefings is decided by the authorized inspection authority.

2. The inspected agency or unit shall report at the meeting or briefing or submit mid-term and final review reports as required by the authorized inspection authority.

Article 19. Inspection through working with inspected agencies and units

1. When it is necessary to work directly with the inspected agency or organization, the authorized inspection authority or the agency assigned the inspection task shall invite representatives of the inspected agency or unit to work at their own office or send representatives of their own agency to work at the inspected agency or unit.

2. The authorized inspection authority and the agency assigned the inspection task have the right to seek opinions from experts on issues related to the inspection content, but they must bear responsibility for their inspection result report.

Article 20. Organization of inspection teams

1. Basis for organizing inspection teams.

Inspection through organizing inspection teams is conducted periodically or at random upon request of the authorized inspection authority. Depending on actual circumstances, the authorized authority may coordinate with relevant agencies to conduct cross-sector inspections or specialized inspections of investment activities. Based on the approved inspection plan, if there are two or more specialized inspections of a project in the same year, a cross-sector inspection team shall be established.

2. Establishment of inspection teams.

a) Inspection through establishing inspection teams is recorded in the administrative state agency's inspection plan and notified to the relevant specialized state management agency to arrange suitable members for the cross-sector inspection team, except in cases of sudden inspections. The inspection team is established based on the decision of the authorized inspection authority or the agency assigned the inspection task.

b) Based on the approved inspection plan by the authorized inspection authority or the actual needs of management work, the unit assigned the main task shall draft the inspection implementation outline and submit it to the head of the authorized inspection authority for issuing the Decision to establish 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 time of inspection, responsibilities of the inspection team, the inspecting unit, and related units.

c) Based on actual circumstances, the Team Leader shall present to the head of the authorized authority or the head of the unit authorized to approve the detailed inspection plan, including:

- Objectives and requirements of inspections;

- Inspection contents;

- Time and location of inspection;

- Composition of the Inspection Team;

- Assignment of tasks to members of the Inspection Team;

- Work schedule of the Inspection Team;

- Budget estimate for the Inspection Team.

d) Based on the Decision to establish the Inspection Team and the approved detailed inspection plan, the main inspecting unit shall be responsible for sending a notification letter to the inspected entity and related agencies (if any) about the inspection (time, location, content of inspection; documents needed to be prepared to support the inspection work).

The report template to be prepared to support the inspection work is issued in Appendix 2 attached to this Circular for reference and application by the main inspecting units. Depending on the purpose, requirements of the inspection work, and the nature, characteristics, sector, and industry of the foreign-invested project being inspected, the report template sent to the inspected entity can be shortened or supplemented with necessary contents for the inspection.

The time to carry out the inspection is decided by the Team Leader, but it must be at least five working days after the inspected agency or unit receives the inspection notification letter or at least seven working days after the issuance of the Decision to establish the Team.

In case of sudden 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. If necessary, the Team Leader may determine the time for sudden inspections.

3. Inspection duration.

The duration of the Inspection Team's operation is decided by the person who issued the decision to establish the team; however, it shall not exceed twenty working days from the start of the inspection. In complex cases involving multiple agencies and wide areas, the inspection period may be extended, but not exceeding 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 may be extended further, but not exceeding five working days.

4. Organize the examination.

a) After notifying the inspected unit, the Team Leader shall be responsible for implementing 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 inspections and comparing information and documents (if necessary); checking the implementation results to serve as the basis for the inspection result report.

c) The inspection team is responsible for drafting the Inspection Report. The Inspection Report shall be completed on the day the inspection ends at the inspected agency or unit. This report must bear the signature of the Head of the inspection team or an authorized member (in cases where multiple issues or cross-sector inspections are conducted) and the authorized representative of the inspected agency/unit to serve as the basis for preparing the Inspection Result Report and subsequent handling of the inspection results.

d) Upon completion of the inspection at the inspected location, the Head of the inspection team is responsible for informing the authorized representative of the inspected agency/unit in writing and handing over materials and equipment used during the inspection process.

Article 21. Budget

The budget for inspection activities of state management agencies shall be allocated and arranged within the annual State budget and implemented according to the provisions of Articles 52, 53, and 54 of Decree No. 84/2015/NĐ-CP dated September 30, 2015 of the Government on investment supervision and evaluation, and the regulations on financial management.

 

Section 3
REPORT ON INSPECTION RESULTS AND RESPONSIBILITIES IN INSPECTIONS
AND PROCESSING OF INSPECTION RESULTS

Article 22. Report on Inspection Results

1. Within ten working days from the end of the inspection, the Head of the inspection team or the leading agency conducting the inspection shall be responsible for drafting a report on the inspection results.

2. The draft report on inspection results must be sent to the participating agencies (in cases of cross-sector inspections) or members of the inspection team (in cases where an inspection team is established) for comments before being submitted 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. If the lead inspection agency does not receive feedback beyond this period, it will be deemed to have agreed 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 place of inspection;

d) Composition of participants in the inspection;

đ) Name of the inspected agency/unit;

e) Content of the inspection;

g) Strengths and shortcomings of the inspected agency/unit; causes of these shortcomings and weaknesses;

h) Opinions of participating agencies or members of the inspection team;

i) Recommendations of the inspected agency/unit;

k) Conclusions on handling within the authority or recommendations to the competent authority regarding the handling and rectification of violations and weaknesses in implementation. This includes specifying the opinions adopted from participating agencies, inspection team members, or the inspected agency/unit; the basis for adopting these opinions; recommendations on the approach to handling existing issues;

l) Other matters (if any).

4. The official report on inspection results shall be submitted to the agency that issued the Inspection Decision for review and handling, and to the Ministry of Planning and Investment (Foreign Investment Department) for consolidation of inspection situations.

5. Depending on the characteristics and circumstances of the inspection, the report on inspection results may be publicly announced through one or more of the following methods:

a) Announced at a meeting attended by: the decision-maker for the inspection, the inspection team, the inspected entity, and related agencies, organizations, or individuals.

b) Published on mass media.

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

d) Displayed at the headquarters of the inspected entity.

đ) Provided upon request of related agencies or organizations.

Article 23. Rights, obligations, and responsibilities of agencies and units in inspection work

1. Rights, obligations, and responsibilities of inspection agencies and units:

a) Notify the inspected agency about the time and content of the inspection, submit the inspection report to the inspected agency; report the inspection results and propose handling measures (reminders, corrections; administrative penalties; suspension of foreign-invested project operations; recovery or proposal for recovery of Investment Registration Certificate,...) to the competent authority.

b) Request relevant specialized state management agencies with jurisdiction on the territory to cooperate and support the inspection process.

c) Handle according to their jurisdiction or recommend the competent authority to promptly handle agencies, organizations, and individuals who fail to implement or implement incorrectly policies and laws on investment and related legal provisions.

d) In case of discovering that policies and laws have provisions that are unsuitable or unfeasible, handle according to their jurisdiction or promptly recommend the competent state authority to examine and handle.

đ) Reward according to their jurisdiction or recommend the competent authority to promptly reward agencies, organizations that implement policies and laws on investment and related legal provisions well.

2. Rights, obligations, and responsibilities of inspected agencies and units:

a) Cooperate and create conditions for the inspection agency during the inspection process; appoint authorized persons and those involved to work with the Inspection Team.

b) Strictly comply with information and reporting systems as required by the inspection agency.

c) Report, provide truthful information and documents; bear legal responsibility for the content of reports, information, and provided documents.

d) Comply with decisions made by the inspection agency.

đ) Have the right to make recommendations and explanations regarding the inspection agency's conclusions to the authorized person.

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

Article 24. Handling of Inspection Results

1. Agencies, organizations, and authorized individuals are responsible for handling inspection results upon receiving the inspection result report.

If exceeding their jurisdiction, they must request the competent authority to review and decide.

The maximum period for reviewing and handling inspection results shall not exceed 15 working days from the date of receipt of the inspection result report.

2. Agencies, organizations, and individuals causing delays or difficulties for other agencies during the inspection process and handling of inspection results must bear legal responsibility.

3. Handling of inspection results must comply with legal regulations.

 

Chapter IV
FOREIGN INVESTMENT ASSESSMENT

Article 25. Responsibility for Implementing Project Completion Assessment for Foreign-Invested Projects

1. Investors and economic organizations implementing foreign-invested projects subject to investment policy approval must conduct a completion assessment.

2. The investment registration agency and the state management agency on investment shall organize ad hoc assessments and impact assessments when necessary.

Article 26. Content of Completion Assessment

1. Progress of registered capital contribution by economic organizations, statutory capital (for industries requiring statutory capital), investment capital contribution of the project; compliance with legal provisions on raising and using raised capital; payment procedures during project implementation.

2. Project progress compared to the schedule specified in the Investment Policy Approval Document or Investment Registration Certificate and progress in the application for issuance or amendment of the Investment Registration Certificate submitted to the state agency.

3. Land use and labor utilization of the project; compliance with legal provisions on environmental protection.

4. Fulfillment of financial obligations to the state (taxes, fees, land lease payments, water surface lease payments,...).

5. Evaluation of project outcomes, mobilized resources, implementation progress, and project benefits.

6. Recommendations and proposals.

Article 27. Content of impact assessment

1. Assessment of the implementation of investment objectives (compliance with planning, consistency with the content of the approval document for the investment proposal or Investment Registration Certificate, relevant specialized laws).

2. Assessment of completion level (in accordance with registered content and progress; content and progress specified in the approval document for the investment proposal or Investment Registration Certificate).

3. Assessment of investment effectiveness (labor and land use; state budget payment; investment cost; technology transfer, scientific and technical knowledge, management and business experience) based on comparing costs and actual results achieved during exploitation and operation.

4. Assessment of production technology level, regarding technology and scientific and technical knowledge transfer, management and business experience.

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

6. Recommendations and proposals.

Article 28. Content of extraordinary assessment

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

2. Completion level of work volume compared to provisions in the decision document approving the investment proposal, Investment Registration Certificate (if applicable);

3. Identification of unforeseen occurrences (if any) and their causes;

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

5. Recommendations and suggestions.

 

CHAPTER V
IMPLEMENTATION

Article 29. Effective Date

1. This Circular takes effect 45 days from the date of issuance.

Decision No. 1190/QD-BKH dated September 19, 2008 of the Ministry of Planning and Investment promulgating regulations on inspection of foreign investment activities implemented by the Ministry of Planning and Investment ceases to be effective from the date this Circular takes effect.

Article 30. Implementation

1. Ministries, sectors, People's Committees of provinces and centrally governed cities, and investment registration agencies shall organize the implementation of monitoring, inspection, and evaluation of foreign investment activities within their jurisdiction in accordance with the provisions of this Circular.

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

3. In case of difficulties during implementation, related agencies, organizations, and individuals are requested to send their opinions to the Ministry of Planning and Investment for timely consideration and resolution.