Chapter XIII
INVESTMENT GUARANTEE MEASURES AND SETTLEMENT OF DISPUTES
Article 99
The Government of Vietnam guarantees that foreign economic organizations and individuals investing in Vietnam shall be entitled to fair and equal treatment in accordance with the provisions of the foreign Investment Law. Where a treaty on the promotion an d protection of investment has been entered into between the Government of the Socialist Republic of Vietnam and the Government of a foreign country, the provisions of that agreement shall prevail.
In the event that there is a change in the law of Vietnam which adversely affects the interests of foreign economic organizations and individuals investing in Vietnam which are stated in their investment or business licenses, the State Committee for Co-operation and Investment shall, on the basis of mutual agreement, take one of the following appropriate measures to protect the interests of the investors:
1. Change the stated objectives of the project.
2. Reduce or grant exemption from payment of tax in accordance with the law. 3. Deem the adverse effect on the investor to be a loss and set off the loss in accordance with the provisions contained in paragraph 2 of article 27 of the foreign Investment Law.
4. Permit the operations to continue in accordance with the provisions stated in the investment license issued, where such continued operation of the project is deemed to have no significant impact on the national interests.
Article 100
Disputes between parties to joint venture enterprises and business co-operation contracts shall be resolved primarily through conciliation and negotiations between the parties.
If the parties to a dispute fail to reach a resolution through conciliation, they shall, on the basis of mutual agreement, select either of the following arbitration alternatives:
- A Vietnamese arbitration body, or an arbitration body of a third country, or an international arbitration body; or
- An arbitration council established pursuant to an agreement between the parties to the dispute.
Article 101
Disputes between enterprises with foreign owned capital, or foreign parties to business co-operation contracts and Vietnamese economic organizations, shall be resolved in accordance with the law of Vietnam and by Vietnamese bodies.
Article 102
Disputes between enterprises with foreign owned capital, foreign parties to business co-operation contracts and State bodies of Vietnam shall be resolved through conciliation. If a dispute is not resolved through conciliation, the parties shall refer the dispute to a competent State body.
Tìm kiếm
Nghị định 18-CP (Bản Word)