THE PRIME MINISTER
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Hanoi, April 08, 2020
Promulgating the Regulation on coordination in settlement of international investment disputes
Pursuant to the June 19, 2015 Law on Organization of the Government;
Pursuant to the November 26, 2014 Investment Law;
Pursuant to the Government’s Decree No. 96/2017/ND-CP of August 16, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;
At the proposal of the Minister of Justice;
The Prime Minister promulgates the Decision on the Regulation on coordination in settlement of international investment disputes.
Article 1. To promulgate together with this Decision the Regulation on coordination in settlement of international investment disputes.
Article 2. This Decision takes effect on June 1, 2020, and replaces the Prime Minister’s Decision No. 04/2014/QD-TTg of January 14, 2014, promulgating the Regulation on coordination in settlement of international investment disputes.
Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decision.
NGUYEN XUAN PHUC
REGULATION ON COORDINATION IN SETTLEMENT OF INTERNATIONAL INVESTMENT DISPUTES
(Promulgated together with the Prime Minister’s Decision No. 14/2020/QD-TTg of April 8, 2020)
Article 1. Scope of regulation and subjects of application
1. This Regulation prescribes principles, tasks and powers of, and process of coordination among, state agencies and related organizations and individuals in settlement of international investment disputes at international arbitration or other tribunals other than Vietnamese tribunals (below collectively referred to as international arbitration). This Regulation does not regulate settlement of investment-related lawsuits at Vietnamese arbitration, courts or agencies or organizations in accordance with Vietnam’s law.
2. This Regulation applies to state agencies, organizations and individuals involved in settlement of international investment disputes at international arbitration.
Article 2. Interpretation of terms
1. International investment dispute means a dispute arising from a foreign investor’s initiation of a lawsuit against the Vietnamese Government or State or a state agency or an organization authorized by a state agency to perform the state management function (below collectively referred to as state agency) under:
a/ An investment promotion and protection agreement or a trade agreement or another treaty containing provisions on investment protection to which Vietnam is a contracting party (below collectively referred to as investment agreement), which provides the settlement of international investment disputes at international arbitration; or,
b/ The contract or agreement between a Vietnamese state agency and a foreign investor, which provides that disputes arising therefrom shall be settled at international arbitration.
2. Foreign investor means an organization or individual that meets criteria on foreign investors provided in the relevant investment agreement to which Vietnam is a contracting party.
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 Công Báo Nos 389-390 (21/4/2020)