Decision No.04/2014/QD-TTg on Int'l Investment Dispute Resolution

This Regulation provides for tasks, powers and process of coordination among state agencies, relevant organizations and individuals in resolution of international investment disputes at international arbitration or competent foreign tribunals ...

DECISION

ON PROMULGATION OF REGULATION ON COORDINATION IN RESOLUTION OF INTERNATIONAL INVESTMENT DISPUTES

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the Government’s Decree No. 22/2013/ND-CP dated March 13, 2014, defining the functions, tasks, powers and organizational structure of the Ministry of Justice,

At the proposal of Minister of Justice;

The Prime Minister decides on promulgation of Regulation on coordination in resolution of international investment disputes,

Article 1. To promulgate together with this decision the regulation on coordination in resolution of international investment disputes.

Article 2. The Ministry of Justice shall be agency assisting the Prime Minister to has unified directions in resolution of international investment disputes and act as legal representative agency of Government in resolution of international investment disputes.

Article 3. This Decision takes effect on March 03, 2014.

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People's Committees shall implement this Decision.

REGULATION

ON COORDINATION IN RESOLUTION OF INTERNATIONAL INVESTMENT DISPUTES
(Promulgated together with Decision No. 04/2014/QD-TTg dated January 14, 2014 of the Prime Minister)

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Regulation provides for tasks, powers and process of coordination among state agencies, relevant organizations and individuals in resolution of international investment disputes at international arbitration or competent foreign tribunals, including the hiring of barristers, technical experts, invitation of witnesses and financial regime serving resolution of international investment disputes at international arbitration or competent foreign tribunals.

2. This Regulation applies to state agencies, organizations and individuals involving resolution of international investment disputes at international arbitration or competent foreign tribunals aiming to protect lawful rights and benefits of Vietnamese Government and Vietnamese state agencies.

Article 2. Interpretation of terms

1. International investment disputes according to this Regulation are disputes arising from time when foreign investors sue Vietnamese Government or State (hereinafter collectively referred to as Vietnamese Government) or state agencies, organizations authorized for state management (hereinafter collectively referred to as state agencies) on the basis:

...

Download here

Chapter 7.

ORGANIZATION OF IMPLEMENTATION

Article 30. Implementation provisions

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People's Committees shall direct, organize implementation of this Regulation and send reports to the Ministry of Justice as requested for summing up and reporting to the Prime Minister.

2. Minister of Justice shall submit to competent agency about establishment of its specialized unit to perform the assigned tasks according to this Regulation.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People's Committees shall timely report to the Prime Minister about problems during the course of implementation of this Regulation and send copy of report to the Ministry of Justice.

Article 31. Urging and checking implementation of this Regulation

The Ministry of Justice shall assume the prime responsibility for, and coordinate with Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People's Committees in urging, checking implementation of this Regulation.