PROVIDING GUIDELINES ON STATISTICS FOR ENTERPRISES
WITH FOREIGN OWNED CAPITAL AND FOREIGN PARTIES
TO BUSINESS CO-OPERATION CONTRACTS
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Pursuant to the Law on Foreign Investment in Vietnam dated 12 November 1996;

Pursuant to the Ordinance on Accounting and Statistics dated 10 May 1988;

Pursuant to Decree 12-CP dated 18 February 1997 providing detailed regulations on the implementation of the Law on Foreign Investment in Vietnam;

I. SUBJECTS OF IMPLEMENTATION

All joint venture enterprises and enterprises with one hundred (100) per cent foreign owned capital (hereinafter referred to as enterprises with foreign owned capital) and foreign parties to business co-operation contracts under the Law on Foreign Investment in Vietnam shall implement the provisions on statistics jointly promulgated by the General Department of Statistics and the Ministry of Planning and Investment; or issued by ministries, branches and people's committees of provinces and cities under central authority after being approved in writing by the General Department of Statistics and the Ministry of Planning and Investment.

With respect to business co-operation contracts having a number of foreign parties, the parties shall agree to appoint one foreign party as their representative to prepare statistics and the other parties shall be responsible for providing the representative party with data.

II. CONTENTS OF STATISTICS

Periodical statistical reports and statistical surveys (hereinafter together referred to as statistical reports) applied to enterprises with foreign owned capital and foreign parties to business co-operation contracts shall be uniformly implemented on a nationwide scale in respect of the following:

• System of forms, dates of dispatch, recipients of reports;
• Methods to determine criteria, calculation units;
• Reporting periods.

The statistical data reported by enterprises with foreign owned capital and foreign parties to business co-operation contracts shall be the legal documentary basis for evaluation of business or production results and implementation of the obligations provided for in the investment licence. Statistical reports shall be prepared fully and properly and the criteria specified in the report shall be calculated in accordance with the stipulated contents and methods; and they shall be submitted on time.

III. REGIME OF PERIODICAL STATISTICAL REPORTS

The regime of periodical statistical reports applied to enterprises with foreign owned capital and foreign parties to business co-operation contracts promulgated with this Circular shall be of full force and effect as of 1 April 1997 and shall replace the regime of statistical reports promulgated with Inter-ministerial Decision 127-QD-LB dated 30 November 1993 of the General Department of Statistics and the State Committee for Co-operation and Investment and the forms of statistical reports in Appendix 7 promulgated together with Circular 215-UB-LXT dated 8 February 1995 of the State Committee for Co-operation and Investment.

1. Types of reports and time for submission of reports

The regime of reports comprises:

• Form 01A-DTNN: Monthly reports for January, February, March, April, May, June, July, August, September, October, and November to be submitted on the tenth day of the following month.
• Form 01B-DTNN and one or a number of forms from Form 02A-DTNN to 02G-DTNN (depending on specialized nature of each project): First six-months report and annual report. Submission time for first six-months report is 15 July and submission time for annual report is 10 February of following year.

In the case of annual reports for 1996, all enterprises with foreign owned capital and parties to business co-operation contracts shall comply with the forms specified in this Circular and submit their reports on 30 April 1997.

The data recorded in the annual report shall reflect the official business and/or production results of the enterprise during the previous year. In cases where there are differences between the reported data and the data recorded in the annual balance statement certified by an auditing body, the recipient agency shall automatically readjust the data according to the audited results.

2. Recipient agencies

All enterprises with foreign owned capital and foreign parties to business co-operation contracts shall submit their reports to the Ministry of Planning and Investment and the Departments of Statistics and of Planning and Investment of the province or city under central authority in which the head office of the enterprise is located. In particular, reports on direct imports or exports (Form 02D-DTNN) shall be submitted to the Ministry of Trade also.

This Circular stipulates that enterprises with foreign owned capital and foreign parties to business co-operation contracts shall submit their statistical reports to State administrative bodies. Any requirement of the company or of the parent corporation of the enterprise at home or overseas to report to it is an internal business or production matter and does not fall within the scope of application of this Circular.

IV. INSPECTION AND DEALING WITH BREACHES

The relevant departments under the General Department of Statistics and the Ministry of Planning and Investment and the directors of Departments of Statistics of provinces and cities under central authority shall disseminate this Circular and monitor and inspect its implementation.

Every six months, the directors of the Departments of Planning and Investment and of Statistics of provinces and cities under central authority shall notify in writing enterprises with foreign owned capital and foreign parties to business co-operation contracts having offices or factories located in their respective provinces and cities of the implementation of the statistical reporting regime (time-limits, quality of data, and so forth); and shall copy the notification to the Ministry of Planning and Investment and the General Department of Statistics for reporting purposes.

If any inspection bodies discover any breach of regulations, they shall deal with it in a timely manner according to their authority. Where a breach is beyond their authority, the matter shall be reported to a higher level.

PROGRESS OF PROJECT IMPLEMENTATION

(Monthly reports for January, February, March, April, May, June,
July, August, September, October, November 199...)

 

Name of project: ......................................................................

Licence number: ................./GP, Date of issuance: ...................

Address: ......................... Tel.: ................... Fax: ....................

Date:

ADDITION TO FORM 01A-DTNN FOR REPORTING PERIOD OF AUGUST

PROJECTED IMPLEMENTATION FOR ENTIRE YEAR:

Unit: USD

1. Investment capital to be implemented:

- Legal capital:

+ Contribution of Vietnamese party:

+ Contribution of foreign party(s):

- Loans:

Comprising: Foreign loans

2. Value of imports:

Comprising: Imports for capital construction shall be exempt from import duties.

3. Turnover:

Comprising: Exports

4. Taxes and amounts payable to State Budget:

5. Profits before profits tax:

6. Profits after profits tax:

7. Foreign currency remitted abroad:

Date:

PROGRESS OF PROJECT IMPLEMENTATION

(Six-monthly report for 199...)

(Signature and seal)