The post-licensing inspection and examination of FDI enterprises have become stricter from 2025, especially in the areas of taxation, investment, labor, environment, and anti–money laundering. Therefore, preparing complete documents, internal procedures, and data will help enterprises reduce legal risks and maintain stable operations. With extensive experience in supporting FDI investors, DNP Vietnam Law Firm presents this article to help enterprises understand common inspection issues and the key steps required to ensure legal compliance.
1. Post-licensing inspection and examination procedures for FDI enterprises
1.1. Authorities responsible for inspecting FDI enterprises
– The Department of Planning and Investment (now the Department of Finance).
– Ministerial inspectorates and the Government Inspectorate.
– Tax authorities at all levels.
– Economic police and market surveillance forces.
– Labor and environmental authorities.
1.2. Types of post-licensing inspection and examination
– Periodic inspections under annual plans.
– Unexpected inspections when signs of violations arise.
– Sector-specific inspections, such as tax, environment, and labor.
– Inspections required by investment monitoring reports or third-party notifications.
1.3. Principles of inspection for FDI enterprises
– Avoid duplication of inspection topics.
– Do not interrupt lawful business activities.
– Follow the official plans and decisions issued by competent authorities.
– Enterprises have the right to explain and challenge final conclusions.
2. Common inspection and examination topics for FDI enterprises
2.1. Investment and enterprise registration inspection
– Review compliance with the Investment Registration Certificate.
– Check capital contribution progress and project objectives.
– Review dossiers for project amendments.
– Assess compliance with investment conditions.
2.2. Tax inspection for FDI enterprises
– Review VAT, CIT, and PIT declarations and payments.
– Examine related-party transactions and transfer pricing risks.
– Check conditions for tax incentives.
– Compare revenue, expenses, and accounting records.
2.3. Labor and social insurance inspection
– Labor dossiers and employment contracts.
– Use of foreign employees.
– Participation in social, health, and unemployment insurance.
– Workplace safety and hygiene.
2.4. Environmental inspection for FDI enterprises
– Environmental impact assessment (EIA) dossiers and environmental permits.
– Monitoring reports and discharge records.
– Operation of waste treatment systems.
– Compliance with environmental technical standards.
2.5. Anti-money laundering compliance checks
– Customer due-diligence procedures.
– Reports on suspicious transactions.
– Internal control systems.
– Cross-border transaction reviews.
3. Key preparations for FDI enterprises before inspections
3.1. Prepare complete and accurate legal documents
– Organize investment documents in a clear system.
– Store the Investment Registration Certificate and Enterprise Registration Certificate.
– Prepare capital contribution records of investors.
– Keep updated labor contracts and HR files.
– Retain tax reports and accounting documents as required by law.
– Maintain environmental records and discharge permits.
– Keep all project amendment dossiers.
3.2. Prepare internal procedures for inspection
– Assign an official contact point for the inspection team.
– Establish a clear procedure for working with inspectors.
– Conduct periodic internal audits.
– Review financial and tax reports before submission.
– Standardize accounting templates and data.
– Ensure transparent HR documentation.
– Set up anti–money laundering procedures.
3.3. Prepare a working plan and explanations for inspectors
– Assign staff responsible for each inspection area.
– Review high-risk or inconsistent information.
– Prepare written explanations in advance.
– Verify the consistency of financial data.
– Anticipate complex questions.
– Consult lawyers to minimize legal risks.
– Prepare meeting minutes in the correct form.
4. Common mistakes that lead to penalties for FDI enterprises
- Late capital contribution compared with the Investment Registration Certificate.
- Failure to submit investment monitoring reports.
- Failure to update changes in legal status or legal representatives.
- Violations related to invoices, documents, or related-party transactions.
- Using foreign workers without following legal procedures.
- Environmental violations or missing periodic reports.
- Lack of anti–money laundering procedures.
5. Benefits of good preparation for post-licensing inspections
– Reduce risks of administrative penalties.
– Improve reputation and compliance standards.
– Strengthen internal processes.
– Build trust with partners and investors.
– Maintain stable business operations.
Post-licensing inspections and examinations for FDI enterprises are mandatory and will continue to increase during 2025–2030. Therefore, enterprises must prepare complete documents, internal procedures, and competent personnel to ensure compliance and reduce risks. Proactive preparation and transparent governance will strengthen operational efficiency, maintain competitive advantages, and support long-term sustainable growth in an increasingly demanding business environment.
DNP VIET NAM LAW FIRM
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