Chương VII Luật Quản lý ngoại thương 2017: Giải quyết tranh chấp về áp dụng biện pháp quản lý ngoại thương

Chapter VII

DEALING WITH DISPUTES RELATED TO THE IMPOSITION OF MEASURES FOR FOREIGN TRADE MANAGEMENT

Article 108. Principles for dealing with disputes related to the imposition of measures for foreign trade management

1. Only disputes related to the imposition of measures for foreign trade management and the relationship between the Government of Vietnam and foreign government shall be dealt with in accordance with regulations of international treaties to which the Socialist Republic of Vietnam is a signatory.

2. Rights and interests of Vietnam shall be protected promptly and reasonably.

3. Disputes related to the foreign trade between a Vietnamese trader and a foreign trader shall be dealt with by these traders in accordance with their agreement, regulations of Vietnam law and regulations of international treaties to which the Socialist Republic of Vietnam is a signatory.

Article 109. Regulatory authorities dealing with disputes related to the imposition of measures for foreign trade management

1. The Government is the regulatory authority having the power to deal with disputes related to the imposition of measures for foreign trade management. The Government shall assign Ministries and ministerial authorities to deal with disputes related to the imposition of measures for foreign trade management.

2. The Ministry of Industry and Trade shall work as a focal point to assist the Government in dealing with disputes related to the imposition of measures for foreign trade management.

Article 110. Procedures for dealing with disputes sued by foreign governments

1. If a foreign government sues the Government of Vietnam in accordance with regulations of international treaties to which the Socialist Republic of Vietnam is a signatory related to measures for foreign trade management imposed by the State of Vietnam, the Ministry of Industry and Trade will cooperate with relevant Ministries, ministerial authorities, authorities and organizations in formulating the plan for dealing with the dispute and submit it to the Prime Minister for approval.

2. Relevant Ministries, ministerial authorities, authorities and other organizations shall carry out the assigned duties according to the approved plan for dealing with the dispute.

3. The Government shall provide specific regulations on procedures for and the cooperation in dealing with disputes sued by foreign governments.

Article 111. Procedures for dealing with disputes sued by the Government of Vietnam

1. If the Government finds that measures for foreign trade management of a foreign country obtains regulations affecting rights and interests of Vietnam or base on requests of traders or associations, the Government will decide to sue for such measures in accordance with regulations of this Law and international treaties to which the Socialist Republic of Vietnam is a signatory.

2. The Ministry of Industry and Trade shall cooperate with relevant Ministries, ministerial authorities, authorities and other organizations in formulating the plan for dealing with the dispute and submit it to the Prime Minister for approval.

3. Relevant Ministries, ministerial authorities, authorities and other organizations shall carry out the assigned duties according to the approved plan for dealing with the dispute.

4. The Government shall provide specific regulations on procedures for and the cooperation in dealing with disputes sued by the Government of Vietnam.