Decision No. 14/2020/QD-TTg Regulation on coordination in settlement of international investment disputes

DECISION

Promulgating the Regulation on coordination in settlement of international investment disputes^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 26, 2014 Investment Law;

Pursuant to the Government’s Decree No. 96/2017/ND-CP of August 16, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

At the proposal of the Minister of Justice;

The Prime Minister promulgates the Decision on the Regulation on coordination in settlement of international investment disputes.

Article 1.To promulgate together with this Decision the Regulation on coordination in settlement of international investment disputes.

Article 2.This Decision takes effect on June 1, 2020, and replaces the Prime Minister’s Decision No. 04/2014/QD-TTg of January 14, 2014, promulgating the Regulation on coordination in settlement of international investment disputes.

Article 3.Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decision.

Prime Minister
NGUYEN XUAN PHUC

REGULATION ON COORDINATION IN SETTLEMENT OF INTERNATIONAL INVESTMENT DISPUTES

(Promulgated together with the Prime Minister’s Decision No. 14/2020/QD-TTg of April 8, 2020)

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation and subjects of application

1. This Regulation prescribes principles, tasks and powers of, and process of coordination among, state agencies and related organizations and individuals in settlement of international investment disputes at international arbitration or other tribunals other than Vietnamese tribunals (below collectively referred to as international arbitration). This Regulation does not regulate settlement of investment-related lawsuits at Vietnamese arbitration, courts or agencies or organizations in accordance with Vietnam’s law.

2. This Regulation applies to state agencies, organizations and individuals involved in settlement of international investment disputes at international arbitration.

Article 2.Interpretation of terms

1. International investment dispute means a dispute arising from a foreign investor’s initiation of a lawsuit against the Vietnamese Government or State or a state agency or an organization authorized by a state agency to perform the state management function (below collectively referred to as state agency) under:

a/ An investment promotion and protection agreement or a trade agreement or another treaty containing provisions on investment protection to which Vietnam is a contracting party (below collectively referred to as investment agreement), which provides the settlement of international investment disputes at international arbitration; or,

b/ The contract or agreement between a Vietnamese state agency and a foreign investor, which provides that disputes arising therefrom shall be settled at international arbitration.

2. Foreign investor means an organization or individual that meets criteria on foreign investors provided in the relevant investment agreement to which Vietnam is a contracting party.

3. Administering agency means an agency identified under Article 5 of this Regulation.

4. Agency acting as the legal representative of the Government is the Ministry of Justice.

5. Sued measure means an act committed, a decision made or a measure taken by a state agency which is deemed by a foreign investor as violating the relevant investment agreement or contract or agreement.

6. Related agencies, organizations and individuals are state agencies, organizations and individuals involved in settlement of international investment disputes and invited or requested by administering agencies to participate in settlement of specific international investment disputes.

7. Inter-sectoral working team means a working team formed by an administering agency, composed of representatives of a number of ministries, sectors and agencies or organizations and tasked to advise the administering agency in the process of settlement of a specific case of international investment dispute.

8. Witness means a person who knows about relevant circumstances of an international investment dispute.

Article 3.Principles of coordination

1. Administering agencies, the agency acting as the legal representative of the Government and related agencies, organizations and individuals shall completely, effectively and promptly coordinate with one another in settlement of international investment disputes in accordance with this Regulation and Vietnam’s law so as to protect to the utmost lawful rights and interests of the Vietnamese Government and Vietnamese state agencies.

2. Administering agencies, the agency acting as the legal representative of the Government and related agencies, organizations and individuals shall keep confidential state secrets and information and documents they acquire in the process of settlement of international investment disputes in accordance with rules of international arbitration proceedings and Vietnam’s law.

3. Administering agencies, the agency acting as the legal representative of the Government and related agencies, organizations and individuals shall be held responsible before law for consequences arising from their failure to coordinate with one another or their coordination in contravention of the principles stated in this Article.

Article 4.Contents of coordination

1. Exchange of information and documents among related agencies in the process of settlement of complaints, denunciations and difficulties of foreign investors in order to prevent the occurrence of international investment disputes.

2. Coordination in settlement of international investment disputes

a/ To appoint qualified officers to join inter-sectoral working teams for settlement of international investment disputes when requested by administering agencies.

b/ To participate in negotiation and conciliation of international investment disputes.

c/ To formulate and implement strategies, roadmaps and steps of settlement of international investment disputes.

d/ To collect and provide information, dossiers, proofs and documents serving the settlement of international investment disputes.

dd/ To process contents related to awards and decisions of international arbitration.

e/ To perform other jobs in settlement of international investment disputes.

Article 5.Administering agencies

1. Administering agencies are ministries, ministerial-level agencies, government-attached agencies or People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees) whose measures are sued or threatened to be sued, except the cases specified in Clauses 2, 3 and 4 of this Article.

For an international investment dispute involving sued measures of two or more ministries, ministerial-level agencies, government-attached agencies or provincial-level People’s Committees, these agencies shall, within 5 working days after receiving a notice of intention to sue, reach agreement on one among them that will act as the administering agency.

In case of failure to reach agreement on the agency that will act as the administering agency, the agency receiving the notice of intention to sue shall notify thereof to the agency acting as the legal representative of the Government for reporting to the Prime Minister for the latter to decide which agency will act as the administering agency on the principle that the administering agency is the agency that is most involved in the sued measures and most suitably qualified for settling the dispute.

2. A ministry, ministerial-level agency, government-attached agency or provincial-level People’s Committee that has been assigned to assume the prime responsibility for negotiating and signing, or has signed on behalf of the Vietnamese State or Government, a contract, an agreement or a commitment with a foreign investor shall act as the administering agency in settlement of international investment dispute cases arising from such contract, agreement or commitment.

3. The Ministry of Finance shall act as the administering agency in settlement of international investment disputes arising from lawsuits initiated by foreign investors against the Vietnamese State or Government concerning the Government’s loans or debts or government-guaranteed loans or debts in accordance with the law on management of public debts, and international investment disputes concerning the application of finance and tax laws.

4. For a complicated international investment dispute which seriously affects foreign relations, public security or national defense, the Ministry of Justice shall report it to the Prime Minister for the latter to decide which agency will act as the administering agency of the case.

Article 6.Tasks and powers of administering agencies

1. To receive and process information and documents relating to foreign investors’ request for negotiation and initiation of lawsuits.

2. To assume the prime responsibility for organizing negotiation with foreign investors according to commitments with foreign investors or relevant international commitments of Vietnam.

3. To act as the focal point in contacting and exchanging information with foreign investors that initiate lawsuits and international arbitration in settlement of international investment disputes.

4. To assume the prime responsibility for, and coordinate with the agency acting as the legal representative of the Government and related agencies, organizations and individuals in, the process of settlement of international investment disputes.

5. To assume the prime responsibility for, and coordinate with the agency acting as the legal representative of the Government and related agencies, organizations and individuals in, formulating strategies, roadmaps and steps for settlement of international investment disputes.

6. To assume the prime responsibility for, and coordinate with the agency acting as the legal representative of the Government and related agencies, organizations and individuals in, designating arbitrators.

7. To assume the prime responsibility for, and coordinate with the agency acting as the legal representative of the Government in, deciding on the selection of, negotiation with, and signing and management of contracts on hiring, law practice organizations (below referred to as to lawyers) to settle international investment disputes and in inviting witnesses and hiring experts at the proposal of lawyers.

8. To assume the prime responsibility for, and coordinate with related agencies, organizations and individuals in, settling matters related to international investment disputes.

9. To participate in international arbitration hearings.

10. To assume the prime responsibility for organizing conciliation and negotiation with foreign investors under this Regulation.

11. To assume the prime responsibility for, and coordinate with state agencies in, implementing awards and decisions of international arbitration.

12. To facilitate inter-sectoral working team members’ access to relevant documents and information; to decide on the provision of information to press agencies; to be held responsible for information security and protection of state secrets in accordance with law.

13. To report to the Prime Minister, the agency acting as the legal representative of the Government and competent state agencies on matters related to international investment disputes under this Regulation and law and when requested by the Prime Minister.

14. To promulgate appropriate rules and internal regulations on settlement of specific cases of international investment disputes on the basis of this Regulation and relevant laws.

15. To sign and send documents to international arbitration notifying the latter of law firms representing the Government.

Article 7.Tasks and powers of the agency acting as the legal representative of the Government

1. To act as the focal point in assisting the Government and Prime Minister in uniformly directing the settlement of international investment disputes.

2. To make and update the list of legal experts qualified for acting as arbitrators and the list of law practice organizations qualified for acting as lawyers for state agencies in settlement of international investment disputes.

3. To provide training and build capacity for officers of ministries, sectors and localities regarding prevention and settlement of international investment disputes.

4. When requested, to coordinate with and support administering agencies in performing the following jobs:

a/ Providing consultancy on legal matters concerning the settlement of international investment disputes;

b/ Hiring lawyers and designating arbitrators;

c/ Formulating and implementing strategies, roadmaps and steps of settlement of specific international investment disputes;

d/ Participating in hearings of international investment disputes;

dd/ Appointing representatives to join inter-sectoral working teams;

e/ Implementing awards and decisions of international arbitration.

Article 8.Tasks and powers of related agencies, organizations and individuals

Related agencies, organizations and individuals have the following tasks and powers:

1. To adequately, effectively, promptly and accurately provide information, dossiers, proofs, documents and opinions on related contents at the request of administering agencies and/or the agency acting as the legal representative of the Government; in special cases when it is impossible to provide these materials, to clearly state the reason;

2. To appoint representatives to join inter-sectoral working teams at the request of administering agencies;

3. To keep confidential information, documents and state secrets acquired in the process of settlement of disputes;

4. To effectively coordinate with administering agencies and the agency acting as the legal representative of the Government in settlement of international investment disputes at the latter’s request in conformity with the former’s professional capacity or fields of specialized management.

Chapter II

COORDINATION IN THE PROCESS OF SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS OF FOREIGN INVESTORS

Article 9.Settlement of complaints, denunciations and difficulties of foreign investors

1. The settlement of complaints, denunciations and difficulties of foreign investors must comply with the law on complaints and denunciations, and commitments with foreign investors and relevant international commitments of Vietnam.

2. In case state agencies and organizations that receive information on complaints, denunciations and difficulties of foreign investors are incompetent to settle such complaints, denunciations and difficulties, they shall guide foreign investors to send such information to competent agencies and notify the latter thereof.

Article 10.Coordination responsibility of agencies settling complaints and denunciations

In case of failure to completely settle foreign investors’ complaints, denunciations and difficulties stated in Article 9 of this Regulation, agencies settling these complaints, denunciations and difficulties shall coordinate with the agency acting as the legal representative of the Government in proposing measures to prevent international investment disputes and report to the Prime Minister in case there exist all of the following signs:

1. Measures which are causes of foreign investors’ complaints, denunciations or difficulties show signs of violation of law, investment agreements or other commitments with foreign investors;

2. There is a possibility of giving rise to lawsuits over international investment disputes.

Chapter III

COORDINATION IN SETTLEMENT OF DISPUTES WITH FOREIGN INVESTORS

Article 11.Responsibility to conduct negotiation with foreign investors

When receiving foreign investors’ requests for negotiation or notices of intention to sue concerning disputes or divergence in foreign investment activities in Vietnam, administering agencies identified under Article 5 of this Regulation shall assume the prime responsibility for, and coordinate with the agency acting as the legal representative of the Government in, conducting negotiation with foreign investors, and report negotiation results to the Prime Minister.

Article 12.Receipt of information and documents on international investment disputes

1. Administering agencies shall receive foreign investors’ notices of intention to sue, notices of arbitration or similar notices informing the initiation of lawsuits over international investment dispute cases at international arbitration.

2. Within 3 working days after receiving a foreign investor’s notice of intention to sue, notice of arbitration or similar notice informing the initiation of a lawsuit over an international investment dispute case at international arbitration, a state agency, an organization or individual other than the administering agency shall send a notice thereof, together with copies of all documents it has received, to the administering agency or its superior agency or the agency acting as the legal representative of the Government in case of impossibility to identify the administering agency under Article 5 of this Regulation.

3. Within 3 working days after receiving a notice or acquiring information from other sources, the agency acting as the legal representative of the Government shall send the notice, together with copies of all documents it has received, to the administering agency or propose the Prime Minister to decide which agency will act as the administering agency under Article 5 of this Regulation.

Article 13.Notices of foreign investors’ initiation of lawsuits and request for provision of information, dossiers, proofs and documents serving the settlement of international investment disputes

1. Within 5 working days after receiving a foreign investor’s notice of intention to sue or notice of arbitration or similar notice informing the initiation of a lawsuit over an international investment dispute at international arbitration, an administering agency shall send a notice, enclosed with relevant information and documents, to the agency acting as the legal representative of the Government.

2. The notice stated in Clause 1 of this Article must have the following details:

a/ Name and citizenship of the foreign investor;

b/ Grounds for initiation of the lawsuit and sued measures;

c/ International arbitration body that will settle the international investment dispute;

d/ Circumstances of the international investment dispute;

dd/ Requests of the foreign investor;

e/ Initial evaluation of the international investment dispute;

g/ Names of state agencies, organizations and individuals proposed or requested to coordinate in, and information, dossiers, proofs and documents needed to be provided serving, the settlement of the international investment dispute;

h/ Other contents necessary for the settlement of the international investment dispute.

3. State agencies, organizations and individuals proposed or requested to coordinate under Clause 2 of this Article shall, within 5 working days after receiving the proposal or request from the administering agency, issue a written reply and adequately and accurately provide information, dossiers, proofs and documents.

4. When necessary, the administering agency may request related agencies, organizations and individuals to provide supplementary information, dossiers, proofs and documents and appoint representatives to join the inter-sectoral working team serving the settlement of the international investment dispute.

Related agencies, organizations and individuals shall, within 5 working days after receiving the request from the administering agency, provide supplementary information, dossiers, proofs and documents and appoint representatives to join the inter-sectoral working team.

5. If, for objective reasons, related agencies, organizations and individuals cannot fulfill the jobs stated in Clauses 3 and 4 of this Article within the 5-working day time limit, they shall inform the administering agency thereof, clearly stating the reason and the soonest time possible for them to fulfill such jobs.

Article 14.Formulation of strategies for settlement of international investment disputes

1. Right after receiving a foreign investor’s notice of intention to sue, notice of arbitration or similar notice informing the initiation of a lawsuit over an international investment dispute at international arbitration, an administering agency shall promptly coordinate with the agency acting as the legal representative of the Government, related agencies, organizations and individuals, the inter-sectoral working team (if such a team has been formed), and lawyer(s) (if any) in formulating the initial evaluation of the dispute and propose measures for settlement.

Within 10 days after receiving the foreign investor’s official claim, the administering agency shall coordinate with the agency acting as the legal representative of the Government, related agencies, organizations and individuals, the inter-sectoral working team (if such a team has been formed), and lawyer(s) (if any) in formulating an overall strategy on settlement of the international investment dispute and submit it to the Prime Minister for approval.

2. An overall strategy on settlement of an international investment dispute must have the following principal details:

a/ Summary of the international investment dispute and relevant legal grounds;

b/ Analysis of strong points and weak points of the Vietnamese side and foreign investor;

c/ Presentation of the arbitral proceedings applicable to the international investment dispute and tasks of the administering agency and related agencies, organizations and individuals in steps of such proceedings;

d/ Employment of lawyers and designation of arbitrators (if any);

dd/ Proposal of plans on settlement of the international investment dispute, including the plan on negotiation and conciliation;

e/ Related remarks and recommendations.

3. Within 5 working days after receiving an overall strategy on settlement of an international investment dispute, the competent agency prescribed in Clause 1 of this Article shall approve the strategy and sent it to the administering agency and the agency acting as the legal representative of the Government.

4. In the process of implementing an approved overall strategy on settlement of an international investment dispute, when necessary, the administering agency shall coordinate with the agency acting as the legal representative of the Government, related agencies, organizations and individuals and the inter-sectoral working team (if such a team has been formed) in revising the strategy and submit such revision to the competent agency for approval under this Article and report thereon to the agency competent to approve the strategy prescribed in Clause 1 of this Article.

5. Strategies on settlement of international investment disputes shall be preserved as confidential documents.

Article 15.Formation and dissolution of inter-sectoral working teams

1. Depending on the characteristics of international investment dispute cases, administering agencies shall decide on the formation and operation of inter-sectoral working teams.

2. Inter-sectoral working teams shall be formed when international investment disputes are brought to international arbitration. When necessary, inter-sectoral working teams may be formed right after administering agencies receive foreign investors’ notices of intention to sue informing the initiation of lawsuits over the international investment disputes at international arbitration.

3. Members of an inter-sectoral working team include representatives of the administering agency, the agency acting as the legal representative of the Government and related agencies, organizations and individuals. The head of the inter-sectoral working team is a leader of the administering agency.

The deputy head of the inter-sectoral working team is:

a/ A representative of the Ministry of Planning and Investment, in case the Vietnamese Government is the respondent under Point a, Clause 1, Article 2 of this Regulation;

b/ A representative of the Ministry of Justice, in case the Vietnamese Government is the respondent under Point b, Clause 1, Article 2 of this Regulation; or,

c/ A representative of a state agency of the same level with the administering agency, who shall be decided by the administering agency, in case a specific state agency of Vietnam (other than the Vietnamese Government) is the respondent.

4. Inter-sectoral working teams shall dissolve and terminate operation after international investment disputes are over.

Article 16.Tasks of inter-sectoral working teams

1. An inter-sectoral working team has the following tasks:

a/ To advise the administering agency and the agency acting as the legal representative of the Government on matters relating to the settlement of the international investment dispute.

b/ To assist the administering agency in implementing the approved overall strategy on settlement of the international investment dispute.

2. Members of inter-sectoral working teams shall give opinions on matters according to functions and tasks of their agencies.

Article 17.Working regime of inter-sectoral working teams

1. Members of inter-sectoral working teams shall work on a part-time basis.

2. Members of inter-sectoral working teams shall perform tasks as assigned by heads of inter-sectoral working teams and adequately and effectively participate in activities of the teams. When necessary, heads of inter-sectoral working teams shall decide on lawyers’ participation in activities of the teams.

3. Administering agencies shall form a section assisting inter-sectoral working teams in performing administrative jobs and preparing necessary conditions for activities of the teams.

Article 18.Coordination in provision of documents to international arbitration

1. Administering agencies shall, in coordination with inter-sectoral working teams (if any), related agencies, organizations and individuals, and lawyers (if any), collect documents on the basis of international arbitration’s request for provision of documents.

2. Administering agencies shall, in coordination with inter-sectoral working teams (if any), decide on documents the Vietnamese side can or cannot provide.

Article 19.Formulation and finalization of statements of defense, statements of rejoinder and documents submitted to international arbitration councils

1. Administering agencies shall coordinate with the agency acting as the legal representative of the Government, related agencies, organizations and individuals and lawyers (if any) in formulating and finalizing statements of defense, statements of rejoinder and documents submitted to international arbitration councils according to the arbitral proceedings for settlement of international investment disputes.

2. Related agencies, organizations and individuals shall make written comments on draft statements of defense, statements of rejoinder and documents submitted to international arbitration councils within 5 working days after receiving a request from administering agencies, unless administering agencies set another time limit to suit the procedural schedule.

3. When submitting statements of defense, statements of rejoinder and documents to international arbitration councils, administering agencies shall send one copy of each of these documents to the agency acting as the legal representative of the Government.

Article 20.Participation in international arbitration hearings

1. Administering agencies shall coordinate with the agency acting as the legal representative of the Government, inter-sectoral working teams, related agencies, organizations and individuals, and lawyers (if any) in preparing for the participation in international arbitration hearings.

2. Depending on characteristics of each case, administering agencies shall coordinate with the agency acting as the legal representative of the Government, inter-sectoral working teams, related agencies, organizations and individuals, and lawyers (if any) in deciding those who will participate in the hearings.

Article 21.Handling of related matters after international arbitration hearings

1. Within 10 working days after international arbitration hearings end, administering agencies shall report on developments of the hearings to the Prime Minister and the agency acting as the legal representative of the Government.

2. Administering agencies shall coordinate with the agency acting as the legal representative of the Government, and related agencies, organizations and individuals in handling matters arising after the hearings and after awards or decisions of international arbitration are made.

3. In case the Vietnamese Government (or Vietnamese state agencies) has/have to pay compensation to foreign investors, administering agencies shall coordinate with finance agencies of the same level in submitting payment plans to competent agencies, ensuring compliance with arbitral awards or decisions and relevant provisions of Vietnam’s law.

Article 22.Recognition and implementation of awards and decisions of international arbitration

Administering agencies shall coordinate with the Ministry of Foreign Affairs, the agency acting as the legal representative of the Government, competent state agencies and lawyers (if any) in proceeding with procedures to recognize and implement awards and decisions of international arbitration in Vietnam or foreign countries if the recognition and implementation thereof are beneficial to Vietnam.

Article 23.Final review and evaluation of the settlement of international investment disputes

After an international investment dispute is completely settled, the administering agency shall, in coordination with the agency acting as the legal representative of the Government and related agencies, organizations and individuals, organize the final review and evaluation of the settlement of the dispute, drawing experiences and reporting thereon to the Prime Minster.

Article 24.Hiring of lawyers

1. Depending on complexity of each specific international investment dispute, administering agencies shall, in coordination with inter-sectoral working teams and lawyers, negotiate and decide on the selection and hiring of lawyers.

2. The process of selection of lawyers must comply with the Prime Minister’s decisions and relevant provisions of law.

3. Administering agencies shall sign legal service contracts with lawyers after reporting negotiation results according to the process stated in Clause 2 of this Article.

4. Administering agencies shall coordinate with related state agencies in strictly managing and ensuring compliance with legal service contracts signed with lawyers.

Article 25.Witnesses

1. Depending on requirements of international investment dispute cases, as consulted by lawyers (if any), administering agencies shall, in coordination with inter-sectoral working teams and related agencies, organizations and individuals, invite witnesses to serve the settlement of the cases.

2. The payment of remuneration to witnesses, including expenses for meals, accommodation, travel and compensation for lost workdays, must comply with Chapter IV of this Regulation.

Article 26.Hiring of experts

1. Depending on requirements of international investment dispute cases, on the basis of lawyers’ recommendations, administering agencies shall, in coordination with inter-sectoral working teams, related agencies, organizations and individuals and lawyers (if any), decide to hire experts serving the settlement of the cases, ensuring effectiveness and compliance with time requirements in proceedings.

2. Administering agencies shall be held responsible for managing experts’ work on the basis of contracts or agreements between them and experts.

3. The payment of remuneration to experts must comply with Chapter IV of this Regulation.

Article 27.Conciliation

1. In the course of settlement of international investment disputes, on the basis of specific developments, administering agencies shall coordinate with inter-sectoral working teams in studying and evaluating possibilities for, and formulating plans on, conciliation as appropriate and report thereon to the Prime Minister for decision.

2. Conciliation plans must ensure complete settlement of international investment disputes, guarantee Vietnam’s rights and interests and suit actual developments of the process of settlement of international investment disputes.

3. In case conciliation plans are approved under Clause 1 of this Article, administering agencies shall, in coordination with inter-sectoral working teams and lawyers (if any), conduct conciliation under the approved plans.

Chapter IV

FINANCIAL MECHANISM FOR SETTLEMENT OF INTERNATIONAL INVESTMENT DISPUTES

Article 28.Funds for settlement of international investment disputes

1. Funds for settlement of an international investment dispute case with the administering agency being a ministry, ministerial-level agency or government-attached agency shall be allocated from the central budget.

2. Funds for settlement of an international investment dispute case with the administering agency being a provincial-level People’s Committee shall be allocated from the local budget under regulations on budget decentralization.

3. Within 10 working days after receiving the estimates of funds for settlement of an international investment dispute from the administering agency, the finance agency of the same level shall appraise the estimates and, together with the administering agency, report thereon to competent agencies for decision.

4. In the process of settlement of an international investment dispute, when necessary, the administering agency may use its funds allocated for current expenditures to spend on activities serving the settlement of the dispute and will have these funds refunded according to the estimates approved under Clause 3 of this Article.

5. The management, use and final settlement of funds in the whole process of settlement of international investment disputes must comply with the Ministry of Finance’s regulations on estimation, management, use and final settlement of state budget funds for settlement of international investment disputes.

Article 29.Funds for state agencies participating in settlement of international investment disputes

1. Funds for performance of the task of acting as the legal representative of the Government shall be allocated within annual operating funds of the Ministry of Justice.

2. Funds for coordination activities in settlement of international investment disputes (including also funds for operation of inter-sectoral working teams) shall be allocated to administering agencies on a case-by-case basis and must comply with the Ministry of Finance’s regulations on estimation, management, use and final settlement of funds for settlement of international investment disputes.

3. Expenses for night pay and overtime pay for full-time officers engaged in settlement of disputes and other expenses to increase effectiveness of settlement of disputes, including expenses for looking up international and domestic legal data and expenses for building capacity, shall be allocated annually on the basis of proposals of administering agencies and the agency acting as the legal representative of the Government.

4. In special cases, the Prime Minister shall decide to allocate additional funds for settlement of international investment disputes at the request of administering agencies and the agency acting as the legal representative of the Government.

Article 30.Funds for implementation of conciliation agreements and awards and decisions of international arbitration

1. The Ministry of Finance shall arrange central budget funds for payment of compensation under conciliation agreements and awards and decisions of international arbitration in case sued measures are committed by central-level state agencies.

2. Provincial-level People’s Committees shall arrange local budget funds for payment of compensation under conciliation agreements and awards and decisions of international arbitration in case sued measures are committed by local-level state agencies.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 31.Implementation provisions

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and provincial-level People’s Committee chairpersons shall direct and organize the implementation of this Regulation and, when requested, send reports to the Ministry of Justice for summarization and reporting to the Prime Minister.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and provincial-level People’s Committee chairpersons shall promptly report to the Prime Minister difficulties arising in the process of implementation of this Regulation and send copies of these reports to the Ministry of Justice.

Article 32.Supervision and examination of the implementation of this Regulation

The Ministry of Justice shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees in, supervising and examining the implementation of this Regulation.-

Prime Minister
NGUYEN XUAN PHUC