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Legal Advice: VN regulations on statistical report of FDI enterprises Statistical reports must be made by enterprises and projects with foreign direct investment
Author: Updated: 23/01/2015 Views: 3


Statistical reports must be made by enterprises and projects with foreign direct investment (FDI) capital in accordance with the provisions of Decision No. 77/2010/QD-TTg dated November 30, 2010 and Circular No. 04/2011/TT-BKHDT.

Enterprises, in which foreign investors' capital accounts for 10% or more of charter capital, and projects, in which foreign investors' capital accounts for 10% or more of investment capital, must perform basic statistical reporting (hereinafter collectively referred to as "enterprises").

Within one year, there must be two basic statistical reports made by enterprises, including a biannual report on employment and income of employees and an annual report. As for monthly and quarterly reports, PLF would like to have you note that such reports only apply to enterprises operating in certain business sectors. Depending on each type of report, the recipient can either be the Bureau of Statistics or the Department of Planning and Investment; or Management Board of Industrial zones, Export processing zones, Economic zones and High-tech parks within the locality, or both. Enterprises may submit their statistical reports under the 2 forms of written documents or report data files (sent as electronic mail attachment).

Content and deadlines for each type of report

1. Monthly reporting is only applicable to enterprises conducting business in the following sectors: mining, processing industry, electricity, natural gas, water supply, garbage and wastewater treatment, information and communications, real estate business, transportation and warehousing, and trade and services.

In a monthly report, enterprises are required to report on the following items: net turnover and quantity/output of products of each production or business line; charter capital; implemented investment capital divided by capital source, employment, taxes and other state budget remittances. In addition, enterprises engaged in import or export goods shall report on the quantity and value of imported/exported goods classified by importing/exporting country and goods category.

Date of receipt of monthly report: the 12th of every month

2. Quarterly reporting applies to enterprises operating in agriculture, forestry and fisheries; construction (who must report on value of construction output by type of works); enterprises making or receiving payments to/from foreign parties for the provision of services (who must report on the value of payments by type of services); and enterprises acting as investors (who must report one implemented investment capital classified by capital source and investment item).

Date of receipt of quarterly report: the 12th of the last month of each quarter.

3. Biannual reports consisting of reports on employment and income of employees applied to all enterprises while reports on agricultural, forestry and fisheries activities shall be applicable to enterprises operating in such business sectors.

Date of receipt of biannual report: June 12 and December 12.

4. Annual report:

It is required for enterprises to report on production and business activities and on the progress of charter capital contribution. As for enterprises conducting business in certain sectors, a specialized report for each sector will be needed.

Date of receipt of annual report: March 31 of the next year. However, annual reports on agriculture, forestry and fisheries activities are received on December 12 (for tentative reports) and January 2 of the following year (for official reports); and reports on husbandry output and products are received on October 12.

Furthermore, it is also essential to use the correct report form in accordance with the regulations of competent authorities. Enterprises will be fined 1 million to 3 million VND if using the incorrect report form.

In case submission of reports is not punctual, warnings or financial penalties of 1 million to 10 million VND shall be imposed on enterprises depending on the number of days late on submission as prescribed by law.

In case of failed submission, enterprises will face fines ranging from 10 million to 20 million VND.

PLF – LAW FIRM (posted on Vietnamnet)

Source: Click here


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Copyright of Danang Investment Promotion Agency

License No. 124/GP-STTT by Authority of Danang Department of Information and Communications issued on February 20, 2017

Subsidiary Responsible Person: Mrs. Huynh Lien Phuong - Director of Danang Investment Promotion Agency