Chương 3 Luật Đầu tư nước ngoài tại Việt Nam 1996: Biện pháp đảm bảo đầu tư

Chapter III

INVESTMENT GUARANTEE MEASURES

Article 20.- The State of the Socialist Republic of Vietnam shall guarantee fair and satisfactory treatment to foreign investors investing in Vietnam.

Article 21.- Throughout the process of their investment in Vietnam, the foreign investors' lawful capital and other assets shall not be expropriated or requisitioned by means of administrative measures, and the enterprises with foreign invested capital shall not be nationalized.

The State of the Socialist Republic of Vietnam shall protect the industrial property right and ensure the legitimate interests of foreign investors in their technology transfer activities in Vietnam.

In cases where a change in the provisions of Vietnamese law causes damage to the interests of licensed enterprises with foreign invested capital and the parties to licensed business cooperations, the State shall take appropriate measures with respect to the interests of investors.

Article 22.- Foreign investors in Vietnam shall be entitled to transfer abroad:

1. Their profit earned from business activities;

2. Payments made for the provision of technology or services;

3. The foreign borrowings, both principal and interest, during the operation process;

4. Their invested capital;

5. Other sums of money and assets lawfully owned by them.

Article 23.- Foreigners working in Vietnam for enterprises with foreign invested capital or for the parties to business cooperation contracts shall, after paying income tax as prescribed by law, be entitled to remit abroad their lawful earnings.

Article 24.- Any dispute between the parties to a business cooperation contract or to a joint venture as well as any dispute between enterprises with foreign invested capital and/or the parties to business cooperation contracts and Vietnamese enterprises shall be first of all resolved through negotiation and conciliation.

In case where the parties to a dispute fail to reach an agreement, the dispute shall be referred to an arbitration body or a Vietnamese court for settlement under Vietnamese law.

With regard to a dispute between the parties to a joint venture enterprise or to a business cooperation contract, the parties may agree in the contract on the selection of another arbitration body to settle the dispute.

Any dispute between the parties arising out of a Build-Operate-Transfer contract, Build-Transfer-Operate contract or Build-Transfer contract shall be settled according to the procedures agreed upon by the parties in the contract.