Chapter X
HANDLING OF PETITIONS, SETTLEMENT OF DISPUTES AND HANDLING OF VIOLATIONS
Article 95. Handling of petitions arising from investor selection activities
1. If there are grounds for presuming that their legitimate rights and interests are affected, investors shall have the following rights:
a) Submit petitions regarding investor selection process and results to bid solicitors and competent authorities according to the petition settlement process specified in Article 96 of this Law;
b) Initiate Court proceedings within the statute of limitations in accordance with civil law.
2. The bid solicitor or competent authority shall not consider settling the petition if the investor has initiated the court proceedings; where the case is considered for settlement according to the process specified in Article 96 of this Law, the authority currently handling the petition shall notify the termination of the consideration and settlement of the petition.
Article 96. Procedures for handling of petitions arising from investor selection activities
1. Procedures for settlement of petitions about issues arising in the process of selection of investors shall be subject to the following regulations:
a) The investor sends a written petition to the bid solicitor from the date of occurrence to the date prior to the announcement of the results of investor selection;
b) The bid solicitor must send a written document stating settlement of the petition to the investor within 07 working days from the date of receipt of the written petition from the investor;
c) In case where the bid solicitor does not have a written document stating settlement of the petition or the investor disagrees about petition settlement results, the investor shall have the right to send the petition to the competent authority within 05 working days from the deadline for sending their reply or the date of receipt of the bid solicitor's written document on settlement of the petition;
d) The competent authority must send a written document stating settlement of the petition to the investor within 07 working days of receipt of the written petition from the investor.
2. Procedures for settlement of petitions pertaining to investor selection results shall be subject to the following regulations:
a) The investor must send a written petition to the bid solicitor within 10 working days of receipt of the notification of investor selection results;
b) The bid solicitor must send a written document stating settlement of the petition to the investor within 15 working days of receipt of the written petition from the investor;
c) In case where the bid solicitor does not have a written document stating settlement of the petition or the investor disagrees about petition settlement results, the investor shall have the right to send the written petition to the competent authority and the standing organ of the Petition Settlement Advisory Board within 05 working days from the deadline for sending their reply or the date of receipt of the bid solicitor's written document on settlement of the petition.
The central-level Petition Settlement Advisory Board shall be established by the Minister of Planning and Investment; the Petition Settlement Advisory Board at the Ministry, central authority, other body level shall be established by Ministers, heads of central authorities or other bodies; the Petition Settlement Advisory Board at the local level shall be established by the President of the provincial People's Committee;
d) Upon receipt of the written petition, Petition Settlement Advisory Boards shall have the right to request investors or bid solicitors and concerned entities to provide information to consider and report in writing to competent authorities on methods and contents of the response to the petition within 30 days of receipt of the written petition from the investor;
dd) Where necessary, the Petition Settlement Advisory Board shall, based on the investor's written petition, request the competent authority to consider temporarily suspending the bid. In case of acceptance of the petition, within 05 working days of receipt of the written document from the Petition Settlement Advisory Board, the competent authority must send a written notification of temporary suspension of the bid. The written document stating temporary suspension of the bid must be sent to the bid solicitor or the investor within 05 working days from the date of issuance of the written notification of temporary suspension of the bid. The duration of temporary suspension of the bid shall range from the date of the bid solicitor's receipt of the written notification of temporary suspension to the date of the competent authority's issuance of the written document stating settlement of the petition;
e) The competent authority must issue the decision on settlement of the petition regarding results of investor selection within 10 working days of receipt of the written opinion from the Petition Settlement Advisory Board.
3. If an investor submits a petition directly to a competent authority without compliance with the petition settlement procedures specified in this Article, the written petition shall not be considered for further action.
Article 97. Dispute settlement
1. Disputes between competent authorities or contracting authorities and investors or PPP project enterprises, and disputes between PPP project enterprises and economic organizations involved in executing projects shall be resolved through negotiation, mediation, arbitration or court.
2. Disputes between competent authorities, contracting authorities and domestic investors or PPP project enterprises established by domestic investors; disputes between domestic investors; disputes between domestic investors or PPP project enterprises established by domestic investors and Vietnamese economic organizations shall be resolved by Vietnamese Arbitration or Court.
3. Disputes between competent authorities, contracting authorities and foreign investors or PPP project enterprises established by foreign investors shall be settled at the Vietnamese Arbitration or the Vietnamese Court, unless otherwise agreed upon under contracts or treaties of which the Socialist Republic of Vietnam is a member.
4. Disputes between investors, including at least one foreign investor; disputes between investors or PPP project enterprises and foreign organizations or individuals shall be settled at one of the following entities and organizations:
a) Vietnamese Arbitration;
b) Vietnamese Court;
c) Overseas Arbitration;
d) International Arbitration;
dd) Arbitration established under agreements between disputing parties’ agreement.
5. Disputes settled through arbitration prescribed in PPP and other relevant contracts shall be deemed as commercial disputes. Foreign arbitral awards shall be recognized and enforced in accordance with the law on recognition and enforcement of foreign arbitration’s awards in Vietnam.
Article 98. Handling of violations arising from PPP investments
1. Prohibit organizations and individuals that commit acts referred to in Article 10 of this Law from participation in PPP investments.
2. Cancel or suspend the bids, refuse to recognize the results of investor selection or declare that decisions of competent authorities, contracting parties or bid solicitors are null and void when detecting any violation against this Law and other regulations of relevant laws.
3. Cancel or suspend contracts whenever detecting any breach of contract or regulations laid down herein and other relevant legislation.
4. In addition to sanctions against violations prescribed in clause 1, 2 and 3 of this Article, entities and persons committing violations against the law on PPP investments shall be disciplined or subject to administrative penalties or criminal legal proceedings, depending on the nature and extent of their violations.
5. The Government shall elaborate on this Article.
Tìm kiếm
Luật Đầu tư theo phương thức đối tác công tư 2020 (Bản Pdf)
Luật Đầu tư theo phương thức đối tác công tư 2020 (Bản Word)