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NATIONAL
ASSEMBLY OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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Resolution No. 20/2026/QH16
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Hanoi, April 23, 2026
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RESOLUTION
REGULATIONS ON COOPERATION, SPECIFIC
POLICIES FOR IMPROVING EFFECTIVENESS IN PREVENTION AND SETTLEMENT OF
INVESTOR-STATE DISPUTES
NATIONAL ASSEMBLY
Pursuant to the
Constitution of the Socialist Republic of Vietnam amended by Resolution No.
203/2025/QH15;
Pursuant to the Law on
Organization of the National Assembly No. 57/2014/QH13 amended by the Law No.
65/2020/QH14 and the Law No. 62/2025/QH15;
Pursuant to the Law on
Promulgation of Legislative Documents No. 64/2025/QH15 amended by the Law No.
87/2025/QH15;
HEREBY RESOLVES:
Chapter
I
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Article
1. Scope
This Resolution prescribes
regulations on cooperation, specific policies for improving effectiveness in
prevention and settlement of investor-state disputes.
Article
2. Regulated entities
1. This Resolution applies
to agencies, organizations, and individuals related to prevention and
settlement of investor-state disputes.
2. This Resolution does
not apply to Vietnamese judicial bodies entitled to adjudication of
investor-state disputes according to agreements on encouragement and protection
of investment, trade agreements, other international agreements that prescribe
protection of investment and to which the Socialist Republic of Vietnam is a
signatory.
Article
3. Definitions
In this Resolution, terms
below are construed as follows:
1. Investor-state
dispute means a dispute between a foreign investor (including: a
foreign-invested economic organization of which 50% of charter or higher is
held by a foreign investor or an economic organization that is a partnership
where the majority of the partners are foreigners) and the Socialist Republic
of Vietnam, the Vietnamese Government, or Vietnamese regulatory authorities,
Vietnamese organization authorized by regulatory authorities to perform
governance functions (hereinafter referred to as “Vietnamese regulatory
authorities”) at a Vietnamese, foreign, or international judicial body on the
basis of:
a) Agreements on
encouragement and protection of investment, trade agreements, or other
international treaties that prescribe protection of investment, to which the
Socialist Republic of Vietnam is a signatory (hereinafter referred to as
“investment agreements”), and which prescribe settlement of disputes between
foreign investors and Vietnamese regulatory authorities; or
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2. Presiding authority
in investor-state dispute settlement means an authority identified in
accordance with Article 12 hereof (hereinafter referred to as “presiding authority”).
3. Legal representative
of the Socialist Republic of Vietnam in investor-state dispute settlement is
the Ministry of Justice (hereinafter referred to as “legal representative”).
4. Solution met with or
threatened by legal actions means a
decision or an action of a cadre, a public servant, an agency of Vietnamese
Government relating to investment activities of a foreign investor in
Vietnamese territory which the foreign investor deeps a violation of investment
agreement, contract.
5. Relevant agency,
organization, or individual means a Vietnamese regulatory authority,
organization, or individual related to prevention and settlement of
investor-state dispute invited or required by presiding authority or legal
representative to participate in prevention and settlement of investor-state
dispute.
6. Interdisciplinary
task group for settlement of investor-state dispute means a task group
established by presiding authority, consisting of agencies and organizations
related to investor-state dispute, and tasked with advising presiding authority
in settlement of investor-state disputes.
7. Expert means a
person with subject matter or technical qualifications and experience regarding
relevant matters invited by presiding authority to participate in settlement of
investor-state disputes.
8. Witness means a
person who knows details relating to investor-state dispute and participates in
investor-state dispute at request of presiding authority.
9. Interdisciplinary
steering committee for settlement of investor-state dispute means an
organization established by the Prime Minister on the basis of recommendation
of presiding authority to perform interdisciplinary leadership and coordination
in settlement of investor-state dispute where solutions met with lawsuits are
related to agencies that are not governmental administrative agencies,
affecting diplomatic relationship, national security and defense.
10. Response mechanism
of foreign investor means a system for monitoring, processing feedback,
recommendations, and complaints of foreign investors and assessing risk of
possible investor-state dispute.
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1. Comply with the
Constitution, the laws, and international treaties to which the Socialist
Republic of Vietnam is a signatory; ensure benefits of Vietnam and Vietnamese
people.
2. Ensure unified
leadership of competent regulatory authorities and timely, adequate, effective
cooperation of regulatory authorities and relevant agencies, organizations in
prevention and settlement of investor-state dispute.
3. Figureheads of state
authorities and organizations have the responsibility to actively arrange
measures to prevent and promptly handle feedback, recommendations, complaints of
foreign investors; shall be held accountable where their decisions or actions
that are the cause of investor-state dispute are identified by Vietnamese,
foreign, or international judicial bodies as a violation of investment
agreements, contracts, or other written agreement.
4. Presiding authorities
have the responsibility to promptly cooperate with legal representative and
relevant agencies, organizations, and individuals in settlement of
investor-state disputes; shall be held accountable in case of tardiness or
damage to Vietnamese regulatory authorities.
5. Legal representative
has the responsibility to advise, closely and promptly cooperate with presiding
authorities in prevention and settlement of investor-state disputes.
6. Relevant agencies, organizations,
and individuals have the responsibility to closely and promptly cooperate with
presiding authorities and legal representative in settlement of investor-state
disputes; shall be held accountable for damage that occurs as a result of
failure to adequately cooperate in accordance with regulations on prevention
and settlement of investor-state disputes.
7. Strengthen
transparency, ensure compliance with regulations on protection of state secrets
in prevention and settlement of investor-state disputes.
Article
5. Application of the law
1. In case of discrepancy
relating to the same issue between this Resolution and other laws or
resolutions of the National Assembly, this Resolution shall prevail except for
Clause 3 of this Article.
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3. Where other laws and
resolutions of the National Assembly promulgated after the effective date
hereof prescribe regulations and policies differing from those hereunder,
whichever regulations and policies that are more beneficial for prevention and
settlement of investor-state disputes shall prevail.
4. Where international treaties
to which the Socialist Republic of Vietnam is a signatory prescribe differently
from this Resolution, such international treaties shall prevail.
Chapter
II
COOPERATION
IN PREVENTION OF IVNESTOR-STATE DISPUTES
Article
6. Cooperation in prevention of investor-state dispute
1. Cooperate in advising
development of policies, regulations, negotiation, signing, and acceptance of
international commitments and attracting foreign investment.
2. Cooperate in settlement
of feedback, recommendations, complaints of foreign investors appropriate to
the law and international treaties to which the Socialist Republic of Vietnam
is a signatory.
3. Cooperate in
implementation of response mechanism of foreign investor in order to prevent
investor-state disputes.
4. Communicate, popularize
education, and improve capacity of cadres, public servants, and public
employees in prevention and settlement of investor-state disputes.
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1. Investment regulatory
authorities shall be responsible for reviewing and assessing regulations on
foreign investment according to investment laws.
2. Relevant agencies and
organizations have the responsibility to:
a) review, assess, and
recommend actions for conflicting, repeating, expired, or inappropriate
regulations of the law;
b) review and assess
negotiation, signing, and implementation of investment agreements, contracts,
other agreements between Vietnamese regulatory authorities and foreign
investors; recommend solutions for improving implementation effectiveness,
amending, repealing investment agreements that are no longer suitable for
Vietnam; promptly resolve issues and difficulties that obstruct implementation
of investment agreements, contracts, other agreements between Vietnamese
regulatory authorities and foreign investors.
3. People’s Committees of
provinces shall inspect and promptly take actions against violations in foreign
investment in local administrative divisions.
4. The Government shall
prescribe regulations on investment registration in order to attract foreign
investment in an effective, stable manner that minimizes risks of disputes.
Article
8. Responsibility for cooperation of agencies and organizations in settlement
of feedback, recommendations, complaints of foreign investors
1. Feedback,
recommendations, and complaints of foreign investors shall be received directly
at regulatory authorities according to complaint and denunciation laws and via
national investment portal.
2. Regulatory authorities
that receive feedback, recommendations, and complaints of foreign investors in
accordance with Clause 1 of this Article and are not entitled to settlement
must send written notice and copies of all information, documents to competent
regulatory authorities, agencies presiding national investment portal, and
legal representative.
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4. Competent regulatory
authorities have the responsibility to review and settle feedback,
recommendations, and complaints of foreign investors in a timely, unified,
competent manner compliant with regulations of the law and international
treaties to which the Socialist Republic of Vietnam is a signatory and aim
towards preventing, minimizing risk of investor-state disputes. Relevant
agencies and organizations have the responsibility to cooperate, adequately and
promptly provide information, documents, subject-matter feedback, and
participate in negotiation, consultation at request of competent regulatory
authorities entitled to settlement of feedback, recommendations, and complaints
of foreign investors.
5. If necessary, competent
regulatory authorities entitled to settlement of feedback, recommendations, and
complaints of foreign investors may hire consulting lawyers for the purpose of
settlement of feedback, recommendation, and complaints.
Article
9. Responsibility for cooperation of agencies and organizations in
implementation of response mechanism of foreign investor
1. Agencies that settle
feedback, recommendations, and complaints of foreign investors shall inform
investment regulatory authorities upon realizing risks of investor-state
disputes or upon discovering sign of violations of the law, investment
agreements, contracts, other agreements, or other commitments with foreign
investors.
2. Investment regulatory
authorities shall receive, consolidate, coordinate, monitor settlement
progress, update settlement progress and results for foreign investors,
recommend solutions and request competent regulatory authorities to take
actions.
3. On the basis of
recommendations of investment regulatory authorities, ministries, central
departments, and local governments shall analyze and assess feedback,
recommendations, and complaints and take actions within their powers.
4. Where competent
regulatory authorities are unable to extensively resolve feedback,
recommendations, and complaints of foreign investors, investment regulatory
authorities have the right to request legal representative to assess risks of
investor-state disputes and recommend actions (if any).
5. The Government shall
elaborate response mechanism of foreign investors in order to prevent
investor-state disputes.
Article
10. Responsibility for communication, popularization of knowledge, and
improvement of capacity in prevention and settlement of investor-state disputes
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2. Investment regulatory
authorities and legal representative have the responsibility to arrange
training and advanced training for cadres, public servants, and public
employees of regulatory authorities pertaining to prevention and settlement of
investor-state disputes.
Chapter
III
COOPERATION
IN SETTLEMENT OF INVESTOR-STATE DISPUTES
Article
11. Details of cooperation in settlement of investor-state disputes
1. Determine presiding
authority.
2. Specify
responsibilities of presiding authority, legal representative, other agencies,
organizations, and individuals in settlement of investor-state disputes.
3. Develop and arrange
implementation of Strategy for settlement of investor-state dispute.
4. Develop and arrange
implementation of conciliation solution for investor-state dispute.
Article
12. Identify presiding authority
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2. Where agency that
implements or proposes solutions met with or threatened by legal actions is a
proceeding authority or solutions met with or threatened by legal actions
involve multiple agencies, agency that receives document expressing intention
of lawsuit or notice of arbitration has the responsibility to notify legal
representative in order to report to the Prime Minister which decides presiding
authority.
Article
13. Responsibility of presiding authority
1. Act as liaison to
manage, coordinate, and assume full responsibility for settlement of
investor-state disputes. Take charge and cooperate with legal representative
and relevant agencies, organizations, and individuals in settlement of investor-state
disputes. Presiding authority has the power to decide on issues which relevant
agencies have different opinion about in settlement of investor-state dispute.
2. Take charge of
development of Strategy for settlement of investor-state disputes in order to
ensure timeliness and adequate solutions for investor-state disputes,
appropriate conciliation and resolution.
3. Take charge of
developing and deciding on criteria, procedures for selecting law firms
(hereinafter referred to as “lawyers”) representing Vietnamese regulatory
authorities in settlement of investor-state disputes and signing legal service
agreements based on market price.
4. Take charge and
cooperate with relevant agencies, organizations, and individuals in exercising
judgments, decisions of Vietnamese, foreign, or international judicial bodies.
5. Where solutions met
with legal actions in an investor-state dispute involve agencies that are not
governmental administrative agencies and affect diplomatic relationship,
national defense and security, on the basis of necessity assessment, presiding
authority shall request the Prime Minister to establish interdisciplinary
steering committee for settlement of investor-state dispute which consists of
representatives of figureheads of agencies that are not relevant governmental
administrative agencies. Presiding authority shall be standing authority of the
interdisciplinary steering committee for settlement of investor-state dispute.
6. The Government shall
elaborate this Article.
Article
14. Responsibilities of legal representative
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2. Develop, introduce, and
update list of legal experts that can act as arbitrators and list of lawyers
for presiding authority and governmental agencies in settlement of
investor-state disputes.
3. Exercise responsibility
under Clause 2 Article 10 hereof.
4. Assist and advise
presiding authority in implementation of responsibilities under Article 13
hereof.
5. The Government shall elaborate
this Article.
Article
15. Responsibility of cooperating agencies
1. Relevant regulatory
authorities, organizations, and individuals have the responsibility to closely,
uniformly, promptly cooperate with presiding authority and legal representative
in settlement of investor-state dispute in a manner compliant with the
Constitution, regulations of the law, and international treaties to which the
Socialist Republic of Vietnam is a signatory.
2. For cases under Clause
2 Article 12 hereof, proceeding agencies and relevant agencies, organizations,
and individuals have the responsibility to promptly, closely, adequately
cooperate with presiding authority.
3. Relevant regulatory
authorities, organizations, and individuals have the responsibility to
adequately, accurately, and promptly provide information and documents; assign
cooperating personnel, witnesses, and experts; exercise other details at
request of presiding authority and legal representative.
4. Figureheads of relevant
regulatory authorities, organizations, and individuals have the responsibility
to cooperate with presiding authority and legal representative in settlement of
investor-state dispute.
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Article
16. Conciliation
1. In the process of
handling feedback, recommendations, and complaints of foreign investors and in
the process of development of Strategy for settlement of investor-state dispute
and settlement of investor-state dispute, on the basis of specific development,
agencies that handle feedback, recommendations, and complaints of foreign
investors or presiding authority shall study, assess potential, develop
conciliation plans, and report to the Prime Minister or Interdisciplinary
steering committee for settlement of investor-state disputes for consideration
and approval.
2. Conciliation must
extensively resolve feedback, recommendation, and complaints of foreign
investors or investor-state disputes while protecting rights and benefits of
Vietnam.
3. If necessary, agencies
that handle feedback, recommendations, and complaints of foreign investors or
presiding authority shall decide to hire independent advisors to develop
conciliation solutions.
4. Where conciliation
solutions are approved in accordance with Clause 1 of this Article, agencies
that handle feedback, recommendations, and complaints of foreign investors or
presiding authority shall cooperate with Interdisciplinary task group for
settlement of investor-state disputes, relevant agencies, organizations,
lawyers, and conciliators (if any) in conciliation in accordance with approved
solutions and ensure that conciliation agreement includes the term that foreign
investors must drop lawsuit related to conciliated disputes.
5. Figureheads of agencies
that handle feedback, recommendations, and complaints of foreign investors or
presiding authority shall be entirely responsible for developing and implementing
conciliation solutions.
6. Individuals
participating in development and implementation of conciliation solutions for
investor-state disputes in a manner compliant with procedures and based on
independent advise where conciliation solutions are approved by competent
authorities shall be eligible for accountability immunity and exemption
according to regulations on cadre, public servant and regulations of competent
authorities.
Chapter
IV
SPECIFIC
POLICIES FOR IMPROVING EFFECTIVENESS IN PREVENTION AND SETTLEMENT OF
INVESTOR-STATE DISPUTES
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1. Funding for prevention
and settlement of investor-state disputes shall be provided by state budget and
other legal sources such as:
a) Where presiding
authority is a central regulatory authority, funding for prevention and
settlement of investor-state dispute shall be covered by central government
budget;
b) Where presiding
authority is provincial People’s Committee, funding for prevention and
settlement of investor-state dispute shall be covered by local government
budget;
c) Organizations
authorized by regulatory authorities to perform governance operations, state
enterprises, subsidiaries of state-owned enterprises shall cover funding for
prevention and settlement of investor-state dispute at their discretion.
2. Agencies and
organizations tasked with preventing and settling investor-state disputes have
the responsibility to file estimates, manage and use funding in accordance with
this Resolution and relevant law provisions.
3. Presiding authority and
legal representative may procure domestic and foreign database in service of
prevention and settlement of investor-state dispute.
4. The Government shall
elaborate this Article.
Article
18. Regulations and policies for individuals engaged in prevention and
settlement of investor-state dispute
1. Individuals frequently
engaged in prevention and settlement of investor-state disputes at legal
representative shall be eligible for:
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b) participation in
domestic and international seminars trainings, short-term training and
education programs of at most 1 year in duration, domestic and international
courses for field-specific international certificate relating to assigned
fields, tasks, and development direction;
c) shortened interval for
pay raise consideration without being included in limit percentage of cadre,
public servant, public employee for early pay raise.
2. Individuals whose job
positions related to prevention and settlement of investor-state disputes in
ministries, central departments, and local governments shall be eligible for
salaries applicable to cadre ranks; allowances applicable to figurehead
positions (if any), and salary-based bonuses for administrative public
servants; and monthly support equal to 100% of their current salary multipliers
(excluding allowances). This monetary support is not included in calculation of
compulsory social insurance, health insurance, unemployment insurance.
3. Individuals directly
engaged in settlement of investor-state disputes at legal representatives and
presiding authority shall be eligible for monthly support equal to at most 300%
of their current salary multipliers (excluding allowances) for the period of
time which they are engaged in settlement of investor-state dispute. This
monetary support is not included in calculation of compulsory social insurance,
health insurance, unemployment insurance.
4. Individuals
participating in Interdisciplinary task group for settlement of investor-state
dispute, unless they are benefiting from benefits under Clause 3 of this
Article, shall be eligible for salaries applicable to cadre rank; allowances
applicable to figurehead position (if any) and salary-based allowances
applicable to administrative cadres; additional allowances equal to 100% of
their salary multiplier (excluding allowances) for period of time that they are
engaged in settlement of investor-state dispute according to decision of
presiding authority. This monetary support is not included in calculation of
compulsory social insurance, health insurance, unemployment insurance.
5. Individuals directly
engaged in prevention and settlement of investor-state disputes in ministries, central
departments, and local governments shall be eligible for support in training,
advanced training, improvement training; adequate working conditions and access
to information at request of their work; shortened interval for pay raise
consideration without being included in limit percentage of cadre, public
servant, public employee for early pay raise.
6. Where a person is
eligible for multiple monthly support policies, only the highest policy shall
apply.
7. The Government shall
elaborate this Article.
Chapter
V
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Article
19. Organizing implementation
1. The Government, the
Supreme People’s Court, the Supreme People’s Procuracy, ministries, ministerial
agencies, other central agencies, other local governments, regulatory
authorities, organizations, and individuals related to prevention and
settlement of investor-state disputes have the responsibility to implement this
Resolution.
2. The Government, the
Supreme People’s Court, the Supreme People’s Procuracy, ministries, ministerial
agencies, other central and local agencies shall assign appropriate personnel
for prevention and settlement of investor-state disputes.
3. The National Assembly,
the Standing Committee of the National Assembly, the Council for Ethnic
Affairs, other committees of the National Assembly, Delegations of the National
Assembly, members of the National Assembly, the Vietnamese Fatherland Front,
and member organizations, within their tasks and powers, shall supervise the
implementation of this Resolution.
4. The Government shall
prescribe formation, organization, and operating regulation of Center for
prevention and settlement of investor-state disputes. This center is a public
service provider that provides basic, essential public services relating to
prevention and settlement of investor-state disputes. Specific policies and
regulations benefiting employees and operation of the center shall not exceed
specific policies and regulations prescribed under other laws and resolutions
of the National Assembly.
5. The Government shall
promulgate documents within their powers pertaining to issues that have not
been stipulated or issues that arise during implementation of this Resolution
in a manner compliant with this Resolution and promptly settling investor-state
disputes; if the issue exceeds their powers, the Government shall request the
Standing Committee of the National Assembly to consider and decide.
Article
20. Implementation
1. This Resolution comes
into force from May 1, 2026.
2. Regulatory authorities,
organizations authorized by regulatory authorities to exercise governance
functions, state-owned enterprises, and subsidiaries of state-owned enterprises
may adopt Articles 11 through 17 and Article 21 hereof during settlement of
investor-state dispute to protect rights and benefits of the Vietnamese
Government.
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Article
21. Transition clauses
Investor-state disputes
that arise before the effective date hereof and have not been resolved by
general judgment of Vietnamese, foreign, or international judicial bodies shall
be settled in accordance with this Resolution except for Article 12 hereof.
This Resolution is
approved by the 16th National Assembly of the Socialist Republic of
Vietnam in the 1st meeting on April 23, 2026.
CHAIRPERSON OF NATIONAL ASSEMBLY
Tran Thanh Man