Corporate Legal Services

Construction Progress Reports for FDI Projects Under Construction

Construction progress reporting for an FDI project under construction sits at the junction of two management systems: investment management reads progress as the commitment inside the investment registration certificate, while construction management reads it through the construction permit, acceptance testing and site safety. An enterprise reporting to only one side will be missing half the picture when the other side inspects — and a delayed project is almost always discovered at the first reconciliation between the two systems.

Reported to whom: two recipients, two different questions

On the investment side, construction status is content of the project implementation report sent to the investment registration authority — the provincial Department of Finance or the zone management board — where the construction part is measured against the schedule registered in the certificate: commencement, completion of basic construction and entry into operation by phase. On the construction side, the project owner performs commencement notification, reporting and construction file duties toward the construction authority and the zone board under the Law on Construction 50/2014 as amended, especially at commencement, design change and completion acceptance milestones.

The two recipients do not substitute for each other because their questions differ: the investment authority asks whether the project follows its registered schedule and scale; the construction authority asks whether the works are built under permit, to design and safely. A project can be on investment schedule yet stuck on the construction side for unpermitted works, and vice versa — perfectly built but a year behind its registered commitment. The enterprise’s internal progress file must feed both viewpoints from one set of site facts.

How often, and what one progress report should contain

The investment-side rhythm follows the periodic project implementation reporting regime — quarterly and annual through the National Investment Information System — with the construction phase being when the progress narrative must be most fully updated. The construction side runs by event rather than period: notification before commencement, updates on major changes in schedule, design or contractor, and file completion at acceptance. Industrial park boards and many infrastructure developers also require monthly construction progress reports under the land sublease, and this rhythm is the contractual duty enterprises forget most.

A good progress report contains: percentage completion by main work item against the registered milestone, the value of work performed and accepted, permit and design status, the open obstacles — site clearance, materials, weather, contractor — and a forecast new completion date where anything has moved. A report stating only one overall percentage cannot answer the only question the authority truly cares about when a project is late: which link is delayed and who is unblocking it.

Must delay be explained, and how is it handled

Yes. Where reality departs from the schedule registered in the certificate, the reporting period must explain the cause, the delayed scope and the catch-up plan; where the registered milestone is no longer achievable, the correct route is the procedure to amend the schedule inside the investment registration certificate before the old milestone passes, rather than letting the file accumulate unexplained late periods. Prolonged delay also touches other management thresholds: a slowly implemented project can be inspected and reminded by the registration authority and, in serious cases, considered for project termination under the Law on Investment 143/2025/QH15.

On the construction side, slow building is not itself fined, but its companions can be: the construction permit has a commencement window and validity needing timely extension, park land subleases often tie construction milestones to remedies, and slow capital disbursement skews the project’s whole capital reporting plan. Progress governance is therefore a matter of three files — investment, construction and land — not of the site team alone.

Frequently asked questions

For a project under construction, to whom is progress reported?

Two recipients: the investment registration authority — provincial Department of Finance or zone management board — through the project implementation report with progress measured against the registered commitment; and the construction authority and zone board at construction milestones such as commencement notification, design changes and acceptance. Many park land subleases also require separate construction progress reports to the infrastructure developer.

How often must construction progress be reported?

On the investment side, at the quarterly and annual project reporting rhythm. On the construction side, by event: before commencement, on major changes and at acceptance. A monthly reporting duty to the board or infrastructure developer, where it exists, sits in the land sublease and zone management documents — the enterprise should build one calendar merging all three rhythms instead of remembering only the investment report.

Must construction delay be explained?

Yes. The period containing the delay must explain its cause, the delayed items, the scope of impact and the catch-up plan. If the registered milestone is no longer achievable, amend the schedule in the investment registration certificate before the old date passes; accumulating unexplained late periods leads to inspection, reminders and, for serious delay, project termination consideration.

What should a construction progress report contain?

Percentage completion by main work item against registered milestones; value of work performed and accepted; construction permit and design status; the list of open obstacles and who is resolving each; and an updated completion forecast. A single overall percentage figure is not enough for the authority to assess the project.

Is slow construction fined on the construction side?

Slowness itself is not a construction violation, but its companions can be handled: building after the construction permit lapses, unpermitted works during the delay, or breaching construction milestones in the land sublease. Extending the permit and amending the investment schedule on time are the two acts to complete before those dates pass.

Contact FLAT Law Firm

FLAT Law Firm sets up a merged progress reporting calendar across the investment, construction and land tracks for FDI projects under construction, drafts delay explanations and handles schedule amendments before registered milestones pass.

This article has been quality-reviewed by the FLAW AI Legal Council