SETTLEMENT OF BUSINESS INVESTMENT DISPUTES RELATED TO FOREIGN INVESTORS IN VIETNAM

Hình thức giải quyết tranh chấp liên quan đến hoạt động đầu tư kinh doanh tại Việt Nam

I. Legal Basis

The 2020 Investment Law of Vietnam clearly outlines the methods for resolving investment disputes involving foreign investors. Disputes can be resolved through negotiation, mediation, commercial arbitration, or Vietnamese courts. Investors may also choose international or foreign arbitration if permitted by laws and international investment agreements.

This law ensures foreign investors’ rights in dispute resolution procedures and protects their interests in cases of violations by the Vietnamese government. Additionally, bilateral or multilateral agreements that Vietnam has signed provide further dispute resolution options for foreign investors.

II. Methods of Resolving Disputes Between Investors

Tranh chấp thương mại: Những vấn đề pháp lý quan trọng cần lưu ý

Disputes related to business and investment activities in Vietnam between investors, where at least one party is a foreign investor, are often resolved through negotiation and mediation. If these methods do not yield results, the dispute may be brought to a competent authority or organization for resolution.

Specifically, such disputes can be addressed in Vietnamese courts, which will adjudicate based on the applicable legal provisions. Alternatively, the parties may choose domestic or foreign arbitration, as well as international arbitration. If the disputing parties have an agreement specifying arbitration as the dispute resolution method, the agreed-upon arbitration body can handle the dispute under the terms established in their agreement.

III. Methods of Resolving Disputes Between Foreign Investors and State Agencies

ĐIỀU KHOẢN TRỌNG TÀI THAM KHẢO VÀ LỰA CHỌN CHO CÁC DOANH NGHIỆP MIỀN TRUNG

Disputes between foreign investors and competent state agencies concerning business and investment activities in Vietnam are typically resolved through Vietnamese arbitration or courts. These entities have the legal authority to examine and adjudicate disputes arising during the investment process.

However, in cases where there are specific agreements stipulated in contracts or international treaties to which Vietnam is a party, the disputing parties may follow the agreed-upon terms or provisions of the respective international treaty. This flexibility allows parties to select dispute resolution methods that comply with Vietnam’s legal framework and its international commitments.

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