Quyết định 04/2014/QD-TTg

Decision No. 04/2014/QD-TTg dated January 14, 2014, on promulgation of regulation on coordination in resolution of international investment disputes

Nội dung toàn văn Decision No. 04/2014/QD-TTg on coordination in resolution of international investment disputes


THE PRIME MINISTER
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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 No. 04/2014/QD-TTg

Hanoi, January 14, 2014 

 

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.

 

 

 

THE PRIME MINISTER




Nguyen Tan Dung

 

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:

a) The Agreement on Promotion and Guarantee of Investments or commercial agreements or other international treaties which provide for investment promotion and guarantee of which Vietnam is a contracting member (hereinafter collectively referred to as investment guarantee agreements), in which provide for resolution of disputes between foreign investors and Vietnamese Government at international arbitration or competent foreign tribunals; or

b) Contracts, agreements between Vietnamese Government or Vietnamese state agencies and foreign investors, in which provides that agencies for resolution of disputes arising from these contracts, agreements shall be international arbitration or competent foreign tribunals.

2. Foreign investors are organizations or individuals satisfying criteria on foreign investors according to Vietnamese law or International treaties of which Vietnam is a contracting party.

3. The sued agencies are state agencies or competent persons of state agencies which have promulgated, applied measures as basis for foreign investors to sue in an international investment dispute, as the defendant in that dispute.

4. The presiding agency which acts as focal agency in resolving a specific international investment dispute shall be defined according to Article 5 and have tasks and powers according to Article 6 of this Regulation.

5. The Ministry of Justice shall be legal representative agency of Government, have tasks and powers according to Article 7 of this Regulation.

6. Relevant agencies, organizations and individuals are state agencies, organizations and individuals related to the resolution of international investment dispute and invited or requested for participating in the resolution of a specific international investment dispute by the presiding agency.

7. Inter-branch work team means a work team that does task of consultancy for the presiding agency during resolution of a specific international investment dispute, being established by the presiding agency.

Article 3. The principles of coordination

1. The presiding agencies and relevant agencies, organizations and individuals shall coordinate in resolution of international investment disputes proactively, adequately, timely, efficiently as prescribed in this Regulation and legislation of Vietnam to protect maximally the lawful rights and benefits of Vietnamese Government, Vietnamese state agencies.

2. The presiding agency and relevant agencies, organizations and individuals shall be responsible before law about consequences arising because they fail to coordinate or coordinate in a manner failing to satisfy Clause 1 this Article.

3. The presiding agencies and relevant agencies, organizations and individuals shall keep State secrets, information secrets during resolution of disputes according to proceeding provisions on resolving specific international investment dispute and legislations.

Article 4. Content of coordination

The coordination between the presiding agencies and relevant agencies, organizations and individuals in the resolution of international investment dispute includes the following contents:

1. Resolution of complaints, consultancy, negotiation, conciliation for disagreements, conflicts with foreign investors.

2. Elaboration and implementation of strategies, plans to resolve international investment disputes.

3. Supply of related information, dossiers, evidences and documents in serve of resolution of international investment disputes.

4. Appointment of persons who have full capacity in agencies, organizations to participate in resolution of international investment at the request of the presiding agency.

5. Implementation of affairs related to resolution of international investment disputes in proceeding stage of international arbitration or competent foreign tribunals.

6. Implementation and coordination in handling of contents related to executing judgments, decisions of international arbitration or competent foreign tribunals.

Article 5. Determination of the presiding agency

1. The presiding agency of a specific international investment dispute is the sued agency, except for cases defined at Clause 2, Clause 3, Clause 4 and Clause 5 of this Article. 

In case where there are two or more Vietnamese state agencies being the sued agencies in the same specific international investment dispute, these agencies must unify to have one of these agencies being the presiding agency. Within seven (07) working days after receiving notify of lawsuit, if selection of the presiding agency is still not unified, these agencies must report to the Prime Minister and notify the Ministry of Justice.  The Prime Minister shall decide the presiding agency at the proposal of Minister of Justice in principle which the presiding agency is state agency related within most contents and having most adequate capacity to resolve that international investment dispute.

2. The Ministry of Justice shall be the presiding agency for resolution of international investment disputes arising when foreign investors sue Vietnamese Government on the basis of agreements on investment guarantee according to point a Clause 1 Article 2 of this Regulation.

3. The Vietnamese state agency that presides over negotiation or signs, on behalf of Vietnamese Government, contracts and agreements between the Vietnamese Government and foreign investors according to point b Clause 1 Article 2 of this Regulation shall be the presiding agency for resolution of international investment disputes arising on the basis of those contracts and agreements.

4. The Ministry of Finance shall be the presiding agency for resolution of disputes arising in case where foreign investors sue Vietnamese Government involving loans, debts of Government or loans, debts guaranteed by Government according to the Government’s Decree No. 15/2011/ND-CP dated February 16, 2011, on provision and management of Government guarantee and the Government’s Decree No. 01/2011/ND-CP dated January 05, 2011, on issuance of government bond, government-guaranteed bonds and local government bonds.

5. In necessary case, at the proposal of Minister of Justice, the Prime Minister shall decide the appointment or change of the presiding agency.

Article 6. Tasks and powers of the presiding agency

The presiding agency has following tasks and powers:

1. To receive, handle information, documents related to the lawsuit of foreign investors.

2. To act as focal unit to contact, exchange with the foreign investor who initiates lawsuit and with international arbitration or foreign tribunals competent to resolution of international investment disputes.

3. To assume the prime responsibility for, and coordinate with the legal representative agency of Government and relevant agencies, organizations and individuals during resolution of international investment disputes at international arbitration or competent foreign tribunals.

4. To assume the prime responsibility for, and coordinate with the legal representative agency of Government and relevant agencies, organizations and individuals in elaborating strategies, plans to resolve international investment disputes.

5. To assume the prime responsibility for, and coordinate with the legal representative agency of Government and relevant agencies, organizations and individuals in appointing arbitrator in case of establishment of the Arbitration Council for resolution of international investment disputes.

6. To assume the prime responsibility for, and coordinate with the legal representative agency of Government in selecting, hiring and supervising law-practicing organizations (hereinafter collectively referred to as barristers) which provide advisory in resolution of international investment disputes.

7. To assume the prime responsibility for, and coordinate with relevant agencies, organizations and individuals in handling issues related to international investment disputes, including the hire of technical experts and invitation of witnesses in serve of course of resolving disputes.

8. To participate in sessions of international arbitration or competent foreign tribunals.

9. To assume the prime responsibility for, and coordinate with competent state agencies in executing judgments, decisions of international arbitration or competent foreign tribunals.

10. To report to the Prime Minister, the legal representative agency of Government and competent state agencies, about issues involving international investment disputes according to this Regulation and legislation.

Article 7. Tasks and powers of the legal representative agency of Government

The legal representative agency of Government in resolution of international investment disputes has the following tasks and powers:

1. To act as focal unit to assist Government, the Prime Minister in directing uniformly resolution of international investment disputes with the aim to protect lawful rights and benefits of Vietnamese Government and Vietnamese state agencies.

2. To coordinate with relevant agencies, organizations and individuals, and hired barristers as prescribed in this Regulation to advice the presiding agency about legal issues involving resolution of international investment disputes as requested by the presiding agency. 

3. To support the presiding agency in hiring barristers to resolve a specific international investment dispute.

4. To coordinate with the presiding agency in elaborating strategies, plans to resolve a specific international investment dispute.

5. On behalf of Vietnamese Government, to participate in sessions of international investment disputes as necessary or at the request of the presiding agency.

6. To appoint representatives to participate in the inter-branch work team, participate in sessions of international arbitration or competent foreign tribunals.

7. To coordinate with the presiding agency and relevant agencies, organizations, and individuals in executing judgments, decisions of international arbitration or competent foreign tribunals.

8. To make and update list of legal experts who may act as arbitrators and list of law-practicing organizations which may act as barristers for Vietnamese Government, Vietnamese state agencies in resolution of international investment disputes.

Article 8. Tasks and powers of the relevant agencies, organizations and individuals

The relevant agencies, organizations and individuals shall have the following tasks and powers:

1. To coordinate with the presiding agencies and the legal representative agency of Government in resolving international investment disputes at the request of the presiding agency and the legal representative agency of Government in line with their specialized capacity or field of line management.

2. To supply fully, timely and exactly information, dossier, evidences, documents and make explanations on related contents at the request of the presiding agency and/or the legal representative agency of Government.

3. To participate in the inter-branch work team at the request of the presiding agency.

4. To request the presiding agency in supplying or supplementing information of international investment disputes to perform their tasks.

Chapter 2.

COORDINATON IN STAGE WHEN FOREIGN INVESTORS MAKE COMPLAINTS AND QUESTIONS

Article 9. Responsibilities for resolving complaints and consultancy

1. The resolution of complaints and consultancy for foreign investors shall comply with law on complaints and commitments with foreign investors.

2. In case where state agencies, organizations and individuals receive complaints or requests for consultancy sent by foreign investors but they have no competence for resolution, they must guide foreign investors to send complaints or request for consultancy to competent agencies and notify this event to competent agencies.

Article 10. Handling in case where measures being the subject of complaints or consultancy have signs of violation of law or commitments with foreign investors

1. During the course of resolving complaints or consultancy with foreign investors, relevant state agencies, organizations and individuals must immediately report about the case being the subject of complaint or consultancy to their directly superior agencies and the legal representative agency of Government if they deem that:

a) Measures being the subject of complaints or consultancy have signs of violation of law or commitments with foreign investors, affect to lawful rights and benefits of foreign investors; or

b) Failing to definitely resolve complaints of foreign investors; or

c) International investment dispute is able to arise.

2. State agencies, organizations and individuals, in the course of resolving complaint or consultancy with foreign investors for cases defined in Clause 1 this Article must regularly notify changes of result of resolving complaints or consultancy to the legal representative agency of Government, competent state agencies for coordination according to the process of resolving case.

3. During the course of resolving complaints or consultancy with foreign investors, if it is appropriate, relevant state agencies, organizations and individuals may conduct negotiation, conciliation with foreign investors according to plan approved by their directly superior agencies after they have opinion of the legal representative agency of Government.

Chapter 3.

COORDINATION IN STAGE WHEN INTERNATIONAL INVESTMENT DISPUTES ARE RESOLVED AT INTERNATIONAL ARBITRATION OR COMPETENT FOREIGN TRIBUNALS

Article 11. Receipt of information, document on international investment disputes

1. The presiding agency shall be the agency which receive notice of intend of initiating lawsuit, notice of arbitration or similar notice of foreign investors of initiating lawsuit for international investment dispute at international arbitration or competent foreign tribunals.

2. State agencies, organizations and individuals which are not the presiding agency as prescribed in Article 5 of this Regulation, in case of receiving notice of intend of initiating lawsuit, notice of arbitration or similar notice of foreign investors of initiating lawsuit for international investment dispute at international arbitration or competent foreign tribunals, must send written notice enclosed with copy of all information, documents received within three (03) working days after receiving those notices to:

a) The presiding agency as prescribed at Article 5 of this Regulation; or

b) The directly superior agency and the Ministry of Justice if they fail to identify the presiding agency as prescribed at Article 5 of this Regulation.

3. Within three (03) working days after receiving written notice as prescribed at point b Clause 2 this Article or written notice from other source, the Ministry of Justice must send a report enclosed with copy of all dossiers received to:

a) The presiding agency as prescribed at Article 5 of this Regulation; or

b) Government’s Office to submit to the Prime Minister for decision on the presiding agency as prescribed at paragraph 2 Clause 1 and Clause 5 of this Article.

4. Within five (05) working days, after receiving report of the Ministry of Justice as prescribed at point b Clause 3 of this Article, the Government’s Office shall submit to the Prime Minister for decision on assigning an agency to act as the presiding agency.

Within three (03) working days, after the Prime Minister has decided on assigning an agency to act as the presiding agency, the Government’s Office shall send notice on decision of assignment thereof to the presiding agency for implementation.

Article 12. Notice of lawsuit of foreign investors and request for supplying information, dossiers, evidences and documents in serve of resolution of international investment disputes

1. Within seven (07) working days after receiving notice of intend of initiating lawsuit or notice of arbitration or similar notice of foreign investors of initiating lawsuit for international investment dispute at international arbitration or competent foreign tribunals. The presiding agency must notify in writing enclosed with relevant information and documents to the legal representative agency of Government and relevant agencies, organizations and individuals.

2. Content of notice as prescribed at Clause 1 this Article includes:

a) Name, nationality of foreign investor;

b) Grounds for initiating lawsuit and the sued measures;

c) The tribunal shall resolve international investment dispute;

d) Facts of international investment dispute;

e) Requirements of foreign investor;

e) Initial preliminary assessment on international investment dispute;

g) Name of state agencies, organizations, individuals who are suggested or requested for coordination and information, dossiers, evidences, documents which must be supplied to serve for resolution of international investment disputes;

h) Other necessary contents for resolution of international investment disputes.

3. State agencies, organizations and individuals which are suggested, requested for coordination according to Clause 2 of this Article within seven (07) working days from the day of receiving suggestion or request, the presiding agency shall reply in writing and supply fully and exactly information, dossiers, evidences, documents.

4. In necessary case, the presiding agency shall request the relevant agencies, organizations and individuals to provide additionally information, dossiers, evidences, documents and appoint persons to participate in the inter-branch group team in serve of resolution of international investment disputes.

The relevant agencies, organizations and individuals shall supply additional information, dossier, evidences, documents and appointed persons to participate in the inter-branch team at the request of the presiding agency within seven (07) working days after receiving request.

5. In case of failing to meet in seven (07) working days due to objective reason according to Clause 3 and Clause 4 of this Article, the relevant agencies, organizations and individuals must notify with the presiding agency, in which state clearly reason and earliest duration for completion in their possibility.  

Article 13. Elaboration of strategy on resolution of international investment disputes

1. Within thirty five (35) working days after receiving notice of intend of initiating lawsuit or notice of arbitration or similar notice of foreign investors of initiating lawsuit for international investment dispute at international arbitration or competent foreign tribunals, the presiding agency shall coordinate with agencies, organizations, relevant agencies and the inter-branch team (if it has been established), barristers (if any) to elaborate strategy on resolution of international investment dispute and send it to the legal representative agency of Government for consulting.

Within seven (07) working days after receiving draft strategy on resolution of international investment dispute, the legal representative of Government shall send the presiding agency for consulting on contents in that draft strategy on resolution of international investment dispute.

Within five (05) working days after receiving opinion of the legal representative of Government about contents in draft strategy on resolution of international investment dispute, the presiding agency must complete and send the strategy on resolution of international investment dispute to its directly superior agency or the Prime Minister (if the presiding agency is Ministry, Ministerial-level agency, agency of Government or People’s Committee of province, centrally-run city) for approval.

2. Strategy on resolution of international investment dispute shall include the following contents:

a) Summary of international investment dispute and concerned legal grounds;

b) Analyze strong point, weakness of Vietnamese party and foreign investor;

c) To present the proceeding process for international investment dispute and task of the presiding agencies and relevant agencies, organizations and individuals in steps of this proceeding process;

d) Use of barristers, appointment of arbitrator (if any);

e) Proposal of plans in handling of international investment dispute, in which plan on negotiation, conciliation;

f) Relevant comments, proposals.

3. Within seven (07) working days after receiving strategy on resolution of international investment dispute, the agency competent to approval according to Clause 1 this Article shall have opinion on approval of this strategy and send to the presiding agency, the legal representative agency of Government.

4. During the course of implementing the approved strategy on resolution of international investment dispute, as necessary, the presiding agency shall assume the prime responsibility for, and coordinate with relevant agencies, organizations and individuals and the inter-branch team (if it has been established), in amending, supplementing the strategy on resolution of international investment dispute.

In case of amendments, supplementations of content of plan on handling of international investment dispute stated in point e clause 2 of this article, the presiding agency must submit to the competent agency for approving those amendments, supplementations as prescribed in this Article and send to the legal representative agency of Government.

5. Strategy on resolution of international investment dispute shall be preserved according to the confidential regime.

Article 14. Establishment and dissolution of the inter-branch team

1. Depending on nature of issues, the presiding agencies shall decide on establishment of the inter-branch work team.

The inter-branch work team shall be established when international investment dispute is sued at international arbitration or competent foreign tribunals. In necessary case, the inter-branch work team may be established after the presiding agency receiving notice of intend of initiating lawsuit sent by foreign investor regarding initiating lawsuit for international investment dispute at international arbitration or competent foreign tribunal.

2. Members of the inter-branch work team include representatives of the presiding agency and agencies, organizations and individuals.  Head of the inter-branch work team shall be leader of the presiding agency.

Deputy head of the inter-branch work team shall be determined as follows:

a) In case where Vietnamese Government is defendant according to Clause 2 Article 5 of this Regulation, deputy head of the inter-branch work team shall be representative of the Ministry of Planning and Investment;

b) In case where Vietnamese Government is defendant according to Clause 3 or Clause 4 Article 5 of this Regulation, deputy head of the inter-branch work team shall be representative of the Ministry of Justice;

c) In case where a specific state agency of Vietnam (not being Vietnamese Government) is defendant, deputy head of the inter-branch work team shall be representative of the state agency at the same level with the presiding agency and be decided by the presiding agency.

3. The presiding agency shall decide on the establishment and operation of the inter-branch work team.

4. The inter-branch work team shall be dissolved by itself and terminate operation after ending resolution of international investment dispute.

Article 15. Task of the inter-branch work team

1. The inter-branch work team shall advise for the presiding agency and the legal representative agency of the Government (as requested by the legal representative agency of the Government) about issues involving resolution of international investment dispute.

2. The inter-branch work team shall implement according to the approved strategy on resolution of international investment dispute as prescribed in Article 13 of this Regulation.

3. Members of the inter-branch work team shall make report to consult leaders of agencies appointed them about contents involving sectors managed by their agencies. Opinions of members of the inter-branch work team shall be official opinions of agencies appointed such members.

4. Members of the inter-branch work team have right to preserve their opinions if those opinions are different to opinions of the inter-branch work team or the presiding agency.

Article 16. The working regime of the inter-branch work team

1. Members of the inter-branch work team shall operate under the part-time regime.

2. Members of the inter-branch work team shall implement tasks according to the assignment of head of the inter-branch work team and participate fully and effectively in activities of the inter-branch work team. As necessary, the head of inter-branch work team may invite barristers hired for consultancy to participate in activities of the inter-branch work team.

3. The presiding agency shall organize a division assisting for the inter-branch work team to perform administrative jobs and prepare necessary conditions for activities of the inter-branch work team.

Article 17. Elaboration and implementation of plan on resolution of international investment dispute

1. Within thirty (30) working days after the strategy on resolution of international investment dispute is approved according to Clause 3 Article 13 of this Regulation but not late than time of submission of first justification for self protection of the Vietnamese Government or Vietnamese state agencies according to the proceeding process in resolution of international investment dispute, the presiding agency shall coordinate with the inter-branch work team, relevant agencies, organizations and individuals, and the hired barristers (if any) in completing the elaboration of plan on resolution of international investment dispute based on the approved strategy as prescribed in Article 13 of this Regulation.

2. Plan on resolution of international investment dispute shall include the following contents:

a) Summary of dispute;

b) Contents which need be performed to resolve dispute and the tentative timeline of such contents;

c) Specific tasks of the presiding agency, relevant agencies, organizations and individuals and barristers (if any);

d) Matters which need be reported, consulted with the directly superior agency of the presiding agency or the Prime Minister (if the presiding agency is a Ministry, a Ministerial-level agency, agency of Government or provincial/municipal People’s Committee) and other competent state agencies;

e) Estimate of expenses and funding source for resolution of international investment dispute.

3. The presiding agency shall coordinate with the inter-branch work team, relevant agencies, organizations, and individuals, and the hired barristers (if any) in organizing implementation of plan on resolution of international investment dispute. In necessary case and to be appropriate with actuality, the presiding agency shall coordinate with agencies, organizations, and individuals mentioned above in adjusting plan on resolution of international investment dispute.

4. The presiding agency shall send plan on resolution of international investment dispute and amendments, supplementations (if any) as prescribed at Clause 2 and Clause 3 of this Article to the directly superior agency of the presiding agency or the Prime Minister (if the presiding agency is a Ministry, a Ministerial-level agency, agency of Government or provincial/municipal People’s Committee) and the legal representative agency of Government;

5. The presiding agency shall regularly (monthly or quarterly, depending on complex nature and progress of international investment dispute) notify the legal representative of Government about progress of implementation of plan on resolution of international investment dispute. The legal representative agency of Government shall monitor, implement plan on resolution of international investment dispute of the presiding agency and timely coordinate in handling problems during implementation of plan on resolution of international investment disputes.

6. Plan on resolution of international investment dispute shall be preserved according to the confidential regime.

Article 18. Elaboration and completion of justifications, documents to submit to international arbitration or competent foreign tribunals

1. The presiding agency shall coordinate with relevant agencies, organizations and individuals and barristers (if any) in elaborating and completing justifications, documents to submit to international arbitration or competent foreign tribunals according to the proceeding process in resolution of international investment dispute.

2. Relevant agencies, organizations and individuals shall give out comments in writing for drafts of justifications and documents to submit to international arbitration or competent foreign tribunals within seven (07) working days after receiving written request of the presiding agency, unless the presiding agency requests longer time limit for reply.

3. When submit the justifications to international arbitration or competent foreign tribunals, the presiding agency shall send a copy to the legal representative agency of Government.

Article 19. To participate in sessions of international arbitration or competent foreign tribunals

1. The presiding agency shall coordinate with the inter-branch work team, relevant agencies, organizations, and individuals, and barristers (if any) in preparing contents to participate in sessions of international arbitration or competent foreign tribunals.

2. Depending on nature of dispute case, the presiding agency shall coordinate with the inter-branch work team, relevant agencies, organizations, and individuals, and barristers (if any) in deciding on members who will participate in sessions and invitation of witnesses, technical experts to participate in sessions.

Article 20. Handling of related problems after sessions of international arbitration or competent foreign tribunals

1. Within 10 (ten) working days, after ending sessions of international arbitration or competent foreign tribunals, the presiding agency shall report to its directly superior agency or the Prime Minister (if the presiding agency is a Ministry, a Ministerial-level agency, agency of Government or provincial/municipal People’s Committee) and the legal representative agency of Government about result of session of international arbitration or competent foreign tribunals.

2. The presiding agency shall coordinate with the relevant agencies, organizations, individuals in handling of matters arising after the sessions of international arbitration or competent foreign tribunals.

Article 21. Negotiation, conciliation with foreign investor

1. During resolution of international investment dispute, basing on actuality, strategy and plan on resolution of dispute, the presiding agency shall coordinate with the inter-branch work team, relevant agencies, organizations, and individuals, and the hired barristers (if any) in building plan on conciliation with foreign investor to submit to its directly superior agency or the Prime Minister (if the presiding agency is a Ministry, a Ministerial-level agency, agency of Government or provincial/municipal People’s Committee) for approval and send a copy to the legal representative agency of Government.

2. If plan on conciliation with foreign investor is approved according to Clause 1 of this Article, the presiding agency shall coordinate with the inter-branch work team, relevant agencies, organizations, and individuals, and the hired barristers (if any) in conducting negotiation and conciliation with foreign investor in accordance with such plan.

Chapter 4.

COORDINATION IN STAGE OF EXECUING THE JUDGMENTS, DECISION ON RESOLUTION OF INTERNATIONAL INVESTMENT DISPUTE OF INTERNATIONAL ARBITRATION OR COMPETENT FOREIGN TRIBUNALS

Article 22. Recognition and execution in Vietnam of the judgments, decision on resolution of international investment dispute of international arbitration or competent foreign tribunals

1. The recognition and execution in Vietnam of the judgments, decision on resolution of international investment dispute of international arbitration or competent foreign tribunals shall comply with Vietnamese legislations and relevant international treaties of which Vietnam is a contracting party.

2. The presiding agency shall coordinate with the competent state agency in handling the execution in Vietnam of judgments, decisions of international arbitration or competent foreign tribunals.

Article 23. Execution in foreign countries of the judgments, decision on resolution of international investment dispute of international arbitration or competent foreign tribunals

The presiding agency shall assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs, the legal representative agency of Government and competent state agencies in executing in foreign countries the judgments, decisions of international arbitration or competent foreign tribunals.

Article 24. Determination of duties of agencies, organizations and individuals which have promulgates, applied measures in contravention with law, international commitments of Vietnam resulting the international investment dispute

1. The determination of duties of agencies, organizations and individuals which have promulgates, applied measures in contravention with law, international commitments of Vietnam resulting the international investment dispute shall comply with Vietnamese law.

2. The determination of duties of individuals who have signed contracts, agreements with foreign investors in contravention with law, causing international investment disputes shall comply with Vietnamese law.

Chapter 5.

HIRING OF BARRISTERS, TECHNICAL EXPERTS AND INVITATION OF WITNESSES IN SERVE OF RESOLUTION OF INTERNATIONAL INVESTMENT DISPUTES

Article 25. Hiring of barristers in serve of resolution of international investment disputes

1. Depending on the complex nature of international investment disputes, the presiding agency shall consult the legal representative of Government to decide on selection, hiring of barristers.

2. The presiding agency shall coordinate with relevant state agencies in elaborating criteria, terms in assignment of job, mechanism to control barristers, tentative list of (not less than 03) law-practicing organizations who are anticipated to be hired and organize negotiation of legal service contract with the selected law-practicing organization in accordance with law.

The presiding agency shall report to the superior agency and report to the legal representative agency of Government about result of negotiation for legal service contract before signing such contract.

3. Head of the presiding agency or authorized person shall sign the legal service contract with law-practicing organization after reporting result of negotiation as prescribed at Clause 2 this Article.

4. The presiding agency shall coordinate with relevant state agencies in controlling implementation of the legal service contract signed with law-practicing organization.

Article 26. Hiring of technical experts and invitation of witnesses

Depending on requirement of international investment disputes, the presiding agency shall coordinate with the inter-branch work team, relevant agencies, organizations and individuals, and barristers (if any) in deciding on hiring technical experts, inviting witnesses in serve of resolution of international investment disputes.

Chapter 6.

THE FINANCIAL MECHANISM IN SERVE OF RESOLUTION OF INTERNATIONAL INVESTMENT DISPUTE

Article 27. Principle in allocating funding in serve of resolution of international investment disputes

1. If the presiding agency is a central state agency, the funding in serve of resolution of international investment dispute shall be covered by central budget.

2. If the presiding agency is a local state agency, the funding in serve of resolution of international investment dispute shall be covered by local budget according to regulations on budget decentralization.

3. Within fifty (15) working days after receiving the expenditure estimate of the presiding agency, the financial agency at the same level shall appraise, review funding in serve of resolution of international investment dispute and coordinate with the presiding agency in reporting to the competent agency for decision.

4. During the course of resolution of international investment dispute, as necessary, the presiding agency shall proactively use the regular funding allocated for it to serve for activities involving resolution of international investment dispute and after that, it will be allocated additionally according to the approved expenditure estimate according to Clause 3 of this Article.

Article 28. Expenses arising from participation of state agencies in resolution of international investment dispute

1. Expenses arising from implementation of task of acting as legal representative of Government shall be allocated in annual operational funding of the Ministry of Justice.

2. Expenses arising from implementation of other activities in coordinating to resolve international investment dispute shall be allocated to the presiding agency according to each specific case (including expenses for activities of the inter-branch work team) and comply with law.

3. In special case, the Prime Minister shall decide on funding in serve of resolution of international investment dispute at the proposal of the presiding agency in that resolution of international investment dispute.

Article 29. Expenses to pay for international arbitration or competent foreign tribunals, barristers, technical experts, witnesses and execution of judgments, decision of international arbitration or competent foreign tribunals

1. Funding to pay for international arbitration or competent foreign tribunals, barristers, technical experts, witnesses and execution of judgments, decision of international arbitration or competent foreign tribunals shall be allocated for each specific case from state budget in the principles prescribed at clause 1 and clause 2 Article 27 of this Regulation.

In special case, the Prime Minister shall decide on funding source to pay for international arbitration or competent foreign tribunals, barristers, technical experts, witnesses and execution of judgments, decision of international arbitration or competent foreign tribunals at the proposal of Minister of Finance.

2. Expenses for proceeding activities of international arbitration or competent foreign tribunals shall be paid by the presiding agency according to the actual requirements of international arbitration or competent foreign tribunals.

3. Expenses for barristers, technical experts shall be paid according to contracts signed between the presiding agency and these entities.

4. The presiding agency shall support expenses for travelling, accommodation of witnesses in actuality in line with legislation.

5. Based on judgments, decisions of international arbitration or competent foreign tribunals for resolution of international investment dispute, the presiding agency shall coordinate with the financial agency at the same level and relevant state agencies in submitting to the competent agency for approving the funding for execution of such judgments, decisions.

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.

 


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Lược đồ Decision No. 04/2014/QD-TTg on coordination in resolution of international investment disputes


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              Decision No. 04/2014/QD-TTg on coordination in resolution of international investment disputes
              Loại văn bảnQuyết định
              Số hiệu04/2014/QD-TTg
              Cơ quan ban hànhThủ tướng Chính phủ
              Người kýNguyễn Tấn Dũng
              Ngày ban hành14/01/2014
              Ngày hiệu lực03/03/2014
              Ngày công báo...
              Số công báo
              Lĩnh vựcĐầu tư, Thương mại
              Tình trạng hiệu lựcCòn hiệu lực
              Cập nhật6 năm trước

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                • 14/01/2014

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                • 03/03/2014

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