Tiếng Việt
Table of Contents
1. Forms of dispute resolution related to business investment activities in Vietnam
2. Laws regulating the guarantee of business investment activities
3. Competence to resolve disputes related to business investment activities in Vietnam
1. Forms of dispute resolution related to business investment activities in Vietnam
According to Clause 1, Article 14 of the Investment Law 2020, the provisions on dispute resolution in business investment activities are as follows:
“1. Disputes over business investment activities in Vietnam shall be settled through negotiation and conciliation. If the negotiation or conciliation fails, the dispute shall be settled by an arbitration body or by a court in accordance with Clauses 2, 3, and 4 of this Article.”
Thus, disputes related to investment and business activities in Vietnam are resolved through negotiation and conciliation. In case negotiation and conciliation cannot be reached, the dispute shall be resolved at Arbitration or Court in accordance with the provisions of law.
2. Laws regulating investment and business activities
According to Article 11 of the 2020 Investment Law, the provisions on investment and business activities are as follows:
“Article 11. Guarantees for business investment activities
1. Investors are not required by the State to satisfy the following requirements:
a) Give priority to purchase or use of domestic goods/services; or only purchase or use goods/services provided by domestic producers/service providers;
b) Achieve a certain export target; restrict the quantity, value, types of goods/services that are exported or domestically produced/provided;
c) Import a quantity/value of goods that is equivalent to the quantity/value of goods exported; or balance foreign currencies earned from export to meet import demands;
d) Reach a certain rate of import substitution;
dd) Reach a certain level/value of domestic research and development;
e) Provide goods/service at a particular location in Vietnam or overseas;
g) Have the headquarters situated at a location requested by a competent authority.
2. Depending on the socio-economic conditions and demands for investment attraction in each period, the Prime Minister shall decide to apply forms of guarantee of the State to execute investment projects subject to approval for their investment guidelines by the National Assembly, the Prime Minister, and other important investment projects on infrastructural development.
The Government shall elaborate this Clause.”
3. Competence to resolve disputes related to business investment activities in Vietnam
The competence to resolve disputes related to business investment activities in Vietnam is stipulated in Clauses 2, 3 and 4, Article 14 of the Investment Law 2020 as follows:
“2. Every dispute between a Vietnamese investor and a foreign-invested business organization, or between a domestic investor or a foreign-invested business organization and a regulatory agency over business investment activities within Vietnam’s territory shall be settled by a Vietnam’s arbitration body or Vietnam’s court, except for the cases in Clause 3 of this Article.
3. Every dispute between investors, one of which is a foreign investor or a business organization defined in Points a, b and c Clause 1 Article 23 of this Law, shall be settled by one of the following agencies/organizations:
a) Vietnam’s court;
b) Vietnam’s arbitration body;
c) Foreign arbitration body;
d) International arbitration body;
dd) An arbitral tribunal established by the parties in dispute.
4. Every dispute between a foreign investor and a regulatory agency over business investment activities within Vietnam’s territory shall be settled by Vietnam’s arbitral tribunal or Vietnam’s court, unless otherwise agreed under a contract or prescribed by an international treaty to which the Socialist Republic of Vietnam is a signatory.”