Date: 8 December 2021
Writer: Quang Nguyen
Currently, State authorities monitor the operation of a foreign-invested enterprise (the “FIE”) partly through periodic reports that FIE must submit. Through this article, BLawyers Vietnam would like to present the list of periodic reports to help FIE understand the provisions of the law on this issue and fully execute it.
I. Reports on the execution of investment projects
1. Quarterly reports
- Deadline: Before the 10th of the first month of the following reporting quarter. Thus, quarterly reports must be made at the following times: Before 10th April for the first quarter report; before 10th July for the 2nd Quarter Report; prior to 10th October for the 3rd Quarter Report; before 10th January of the following year for the Quarter 4 report of the previous year.
- Contents: Capital, net revenue, export, import, employees, taxes, amounts payable to the state budget, use of land and water surface.
- Report form: Form A.III.1 at Appendix A of Circular No. 03/2021/TT-BKHDT.
2. Annually reports
- Deadline: Before March 31 of the following reporting year.
- Contents: The information of the quarterly report, profit, income of employees, expenditures and investments for scientific research and technology development, environmental treatment and protection, technology origin use.
- Report form: Form A.III.2 at Appendix A of Circular No. 03/2021/TT-BKHDT.
3. Report-receiving authority: Investment registration authorities and statistics authorities where the FIE are located.
4. Form of submitting reports: Submitting online reports through the National Investment Information System.
II. Reports on the use of foreign employees
In case the FIE has foreign employees, in addition to the common report on the use of employees like local enterprises, the FIE must also make a report on the use of foreign employees as follows:
1. Reports for the first 6 months
- Deadline: Before July 5 every year.
- Report form: Form No. 07/PLI at Appendix I of Decree No. 152/2020/ND-CP.
2. Annually reports
- Deadline: Before January 5 of the following year.
- Report form: Form No. 07/PLI at Appendix I of Decree No. 152/2020/ND-CP.
3. Report-receiving authority: The Provincial Department of Labor – Invalids and Social Affairs where is the FIE’s head office.
4. Form of submitting reports: Submitting directly or by postal service or by submitting documents via online public service.
III. Other reports
Here are some more examples of reports that the FIE is required to make:
- Depending on their business fields and industries, the FIE must make relevant reports of such fields and industries.
- If the FIE has a foreign loan, they must make a report related to the foreign loan to the State Bank of Vietnam.
- If the FIE generates hazardous waste in production and business, it must make a report on hazardous waste management in accordance with the law on environmental protection.
Should you have any questions about the above contents, please revert to BLawyers Vietnam at consult@blawyersvn.com. We are more than happy to hear from you!
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