Regulation on coordination in resolution of International investment disputes in Vietnam

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On April 08, 2020, The Prime Minister has signed Decision No 14/2020/QD-TTg on Promulgation of Regulation on coordination in Resolution of international investment disputes.

Accordingly, international investment disputes are disputes arising from foreign investors' lawsuits against the Government, the State of Vietnam or State agencies or organizations authorized by State agencies to perform their functions as the following cases: Agreements on the promotion and protection of investments or  Trade Agreements or other Treaties regarding investment protection to which Vietnam is a contracting party, which include provisions on the settlement of international investment disputes at international arbitration; and Contracts and Agreements between Vietnamese state agencies and foreign investors, in which the dispute settlement agencies arising from this contracts or agreements is the international arbitration.

The settlement of complaints, denunciations and problems of foreign investors complies with the law on complaints, denunciations, commitments to foreign investors and relevant international commitments of Vietnam. In case state agencies and organizations receive information about complaints, denunciations and problems of foreign investors but are not competent to the settlement, such state agencies and organizations must provide guidance for foreign investors of sending and informing this information to the competent authority.

Regarding the settlement of disputes with foreign investors, the host agency which receives the request for negotiation or notification of the intention to initiate a lawsuit of foreign investor must immediately coordinate with the legal representative of Government to preside over negotiations and inform the Prime Minister of the results of the negotiations. In case of international investment disputes, there are sued measures by two or others ministries, ministerial-level agencies, government agencies or People's Committees agencies, such agencies must seek for mutual agreement about host agency within 5 working days after receiving the notice of intent to file lawsuit.

The Decision also specifies host agencies that in charge of settling international investment disputes. Accordingly, the host agencies are ministries, ministerial-level agencies, Government agencies, People's Committees agencies and municipalities (People's Committees) having sued measures or threat of being sued, unless otherwise prescribed by law.


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