Outward investment activity means an investor transferring investment capital from Vietnam to a foreign country, the Investor uses profit obtained from such investment capital to carry out outward investment activities in the foreign country. The Investor in Vietnam besides complying with the laws of the countries or territories that receive investment, also complies with the laws of Vietnam. In which, investment reporting regulations are the attention content that the Investor needs to conduct after finishing the initial legal procedures.
A. Reporting of outward investment activities | ||||
Notification of outward investment | Quarterly reports | Annual reports | Report on the operation of the investment project for financial year | |
Form [1] | 1) Form B.I.11 2) A copy of the written approval for the investment project or a document proving the right to make investment in the host country | 1) Form B.III.1 | 1) Form B.III.2 | 1) Form B.III.3 2) Financial statement, tax declaration or an equivalent document prescribed by the host country. |
Reporting time | Within 60 days from the day on which the project is approved or licensed as prescibed by law of the host country | Quarterly | Yearly | Within 06 months from the day on which the tax declaration or an equivalent document is available as prescribed by the host country’s law. |
Recipient competent authority | – Ministry of Planning and Investment – The State Bank of Vietnam – A representative mission of Vietnam in the host country | – Ministry of Planning and Investment – The State Bank of Vietnam – Ministry of Finance – A representative mission of Vietnam in the host country | ||
Submission method [2] | The reports shall be made in writing and via the National Investment Information System by the account has been sent to the Investor. | |||
Fines[3] | From VND 20,000,000 to 30,000,000 for an organization when: – Failure to report overseas investment activities or reports with incomplete content and no attached documents as prescribed; Also for the above acts, the fine is VND 10,000,000 to 15,000,000 for an individuals.[4] |
B. Report on supervision and assessment of investment implementation[1] | ||
First 06-month report | Yearly report | |
Form | Investment supervision and evaluation report Form No.13 Supervision and evaluation report during operation phase Form No.17 | |
Reporting time[2] | Before the July 10 of the reported year. | Before the February 10 of the reported year. |
Recipient competent authority | – Department of Planning and Investment; – Management board of industrial parks, export processing zones, high-tech zones and high economic zones. | |
Submission method | Submit directly to the recipient authority where the enterprise is headquartered. | |
Fines[3] | From VND 20,000,000 to 30,000,000 for an organization when: – Prepare investment supervision and assessment reports not on time or with incomplete content as prescribed; – Failure to implement periodic investment supervision and assessment reports as prescribed. Also for the above acts, the fine is VND 10,000,000 to 15,000,000 for an individual.[4] |
C. Report on the transfer of capital for outward investment[1] | |
Quarterly report | |
Form | Annex No.05 |
Reporting time[2] | No later than the 5th day of the first month of the quarter following the reporting quarter. Specifically, before the January 05, April 05, July 05 and October 05. |
Recipient competent authority | – The State Bank of Vietnam branch in province or city where main office of the Investor is located or the individual investor’s permanent residence or other investor’s business is registered. |
Submission method | Submit directly |
Fines [3] | From VND 5,000,000 to 10,000,000 for an individual when: – Failure to implement reports on time. Also for the above acts, the fine is VND 10,000,000 to 20,000,000 for an organization. |
[1] Article 25 Circular 12/2016/TT-NHNN
[2] Article 100.11.(a) Decree 29/2021/ND-CP
[3] Article 47.1 and Article 3.3.(b) Decree 88/2019/ND-CP
[1] Article 100.8 Decree 29/2021/ND-CP
[2] Article 100.11.(a) Decree 29/2021/ND-CP
[3] Article 15.1.a Decree 122/2021/ND-CP
[4] Article 4.2 Decree 122/2021/ND-CP
[1] Article 73.3 Law on Investment 2020
[2] Article 83.1 Decree 31/2021/ND-CP, Article 73.4 Law on Investment 2020
[3] Article 20 Decree 122/2021/ND-CP
[4] Article 4.2 Decree 122/2021/ND-CP