Accordingly, Article 4 of Decree No. 323/2026/ND-CP prescribes the investment registration mechanism and the responsibilities of investment registration authorities in preventing international investment disputes as follows:
- When conducting investment or business activities in Vietnam, a foreign investor shall submit an application for an investment registration certificate in accordance with the procedures prescribed by the law on investment.
- When processing investment procedures for a foreign investor, the investment registration authority shall:
+ Provide information on business lines, investment and business conditions, and market access conditions applicable to foreign investors; provide the foreign investor with guidance on completing investment procedures in accordance with the law; and promptly discuss and clarify matters on which differing opinions arise during the processing of the application;
+ Apply the law consistently, publicly, transparently, objectively, within its jurisdiction, and in accordance with the prescribed procedures; review and assess the investment project’s conformity with relevant laws to ensure consistency throughout the processing of investment procedures and safeguard national defense and security;
+ Review and assess legal factors relating to the investor, including the investor’s history of relevant complaints and disputes, if any, to promptly identify legal risks and adopt appropriate preventive measures;
+ Fully retain dossiers and documents relating to the processing of investment procedures for state management, the resolution of complaints and petitions, and the prevention and handling of international investment disputes;
+ Inspect, supervise, and evaluate the implementation of the project in accordance with the law; and resolve, within its jurisdiction, issues arising from projects implemented under special investment procedures or notify the competent authority for resolution.
See more details in Decree No. 323/2026/ND-CP effective as of August 17, 2026.
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