Decree 323/2026/ND-CP detail Resolution 20/2026/QH16 coordination mechanisms and special policies for resolution of international investment disputes

DECREE

Detailing a number of articles of, and providing measures to implement, Resolution No. 20/2026/QH16 on coordination mechanisms and special policies to enhance the effectiveness of prevention and resolution of international investment disputes

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the National Assembly’s Resolution No. 20/2026/QH16 on coordination mechanisms and special policies to enhance the effectiveness of prevention and resolution of international investment disputes;

At the proposal of the Minister of Justice;

The Government hereby promulgates the Decree detailing a number of articles of, and providing measures to implement, Resolution No. 20/2026/QH16 on coordination mechanisms and special policies to enhance the effectiveness of prevention and resolution of international investment disputes.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details Clause 4, Article 7; Clause 5, Article 9; Article 13; Article 14; Article 17 and Article 18 of Resolution No. 20/2026/QH16 dated April 23, 2026, on coordination mechanisms and special policies to enhance the effectiveness of prevention and resolution of international investment disputes (hereinafter referred to as the Resolution), and provides measures for organizing and guiding the implementation of the Resolution.

Article 2. Interpretation of terms

For the purposes of this Decree, the terms below shall be construed as follows:

1. Adjudicatory body means Vietnamese, foreign or international arbitration or court; or another body competent to consider and decide an international investment dispute in accordance with an investment agreement, contract or agreement between the parties.

2. Claimant in an international investment dispute means a foreign organization or individual that has submitted a notice of intent, notice of arbitration or similar notice in accordance with an investment agreement, contract or agreement between the parties.

3. Lawyer in an international investment dispute means a law practice organization representing a Vietnamese state agency.

4. Notice of intention means a document submitted by a foreign organization or individual to a Vietnamese state agency, clearly stating its intention to initiate proceedings against the Vietnamese state agency before an adjudicatory body in accordance with an investment agreement, contract or agreement between the parties.

5. Notice of arbitration means a document by which the Claimant formally initiates proceedings against a Vietnamese state agency before an adjudicatory body in accordance with an investment agreement, contract or agreement between the parties.

Chapter II

COORDINATION MECHANISM FOR PREVENTION OF INTERNATIONAL INVESTMENT DISPUTES

Article 3. Coordination responsibilities in the prevention of international investment disputes

1. Ministries, ministerial-level agencies, provincial-level People’s Committees and related agencies shall proactively prevent international investment disputes within their state management; regularly review and assess the implementation of legal provisions; conduct exchanges and dialogues with foreign investors to remove difficulties and avoid incorrect or differing interpretations of policies and laws; and coordinate with ministries, sectors and related agencies and organizations in promptly handling reports, petitions and complaints of foreign investors in order to mitigate the risk of international investment disputes.

2. Upon receiving a request from the agency in charge, the Ministry of Finance or the Ministry of Justice, ministries, ministerial-level agencies, provincial-level People’s Committees and related agencies shall provide complete and accurate information, dossiers, evidence, documents and opinions concerning the relevant matters. In special cases where such information cannot be provided, they shall issue a written explanation clearly stating the reasons.

3. Where reports, petitions or complaints of foreign investors are considered likely to give rise to international investment disputes, ministries, ministerial-level agencies, provincial-level People’s Committees and related agencies shall promptly notify the Ministry of Finance, the Ministry of Justice and the Ministry of Foreign Affairs in writing for coordinating in dispute settlement and prevention.

4. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Justice, ministries, ministerial-level agencies, provincial-level People’s Committees and related agencies in, consolidating and analysing the handling of reports, petitions and complaints of foreign investors and the risks of international investment disputes arising. Based on the consolidation and analysis results, the Ministry of Finance shall issue written information, provide guidance and urge ministries, sectors and localities to take note of the risks of international investment disputes arising and proactively conduct reviews and take appropriate action.

5. Where an international investment dispute arises, coordination in the settlement of such dispute shall comply with the Resolution, this Decree and relevant laws.

Article 4. Investment registration mechanism and responsibilities of investment registration agencies in prevention of international investment disputes

1. When conducting investment and business activities in Vietnam, foreign investors shall submit dossiers of application for investment registration certificates according to the order and procedures prescribed by the law on investment.

2. In the course of carrying out investment procedures for foreign investors, investment registration agencies shall:

a) Provide information on business investment sectors and trades and business investment conditions; market access conditions applicable to foreign investors; guide foreign investors in carrying out investment procedures in accordance with law; and promptly discuss and clarify matters on which differing opinions arise during the processing of dossiers;

b) Ensure uniform, public, transparent and objective application within their competence and according to the prescribed order and procedures; review and assess the conformity of investment projects with relevant laws to ensure consistency in the processing of investment procedures and compliance with national defence and security requirements;

c) Review and assess legal factors relating to investors, including their history of related complaints and disputes, if any, in order to promptly identify legal risks and take appropriate preventive measures;

d) Fully retain dossiers and documents relating to the processing of investment procedures to serve state management, the settlement of complaints and petitions, and the prevention and handling of international investment disputes;

dd) Inspect, supervise and assess project implementation in accordance with law; settle within their competence, or notify competent agencies for settlement, issues arising from projects implemented according to special investment procedures.

Article 5. Investment promotion and negotiation and conclusion of investment cooperation agreements with foreign investors

1. In the course of investment promotion and negotiation and conclusion of investment cooperation agreements with foreign investors, the state agencies, state enterprises, organizations and individuals in charge shall coordinate with and seek opinions from related agencies before concluding cooperation agreements with foreign investors on matters relating to mechanisms and policies within the competence of other agencies or likely to give rise to obligations of the State.

2. State agencies, state enterprises, organizations and individuals shall neither make commitments on nor incorporate into cooperation agreements any investment incentive or support mechanisms or policies or other matters that fall beyond their competence or have not yet been prescribed in legal documents, thereby giving rise to risks of international investment disputes.

3. Information and documents used for introduction and promotion in investment promotion activities shall be for reference only, shall not substitute for decisions of competent state agencies, and shall not constitute commitments to foreign investors. The implementation of investment and business activities by foreign investors after the conclusion of investment cooperation agreements shall comply with Vietnamese law and decisions of competent state agencies.

4. Where a foreign investor proposes special mechanisms or policies, investment incentives or support, or matters likely to give rise to obligations of the State, related agencies, organizations and individuals shall, if such proposals fall beyond their competence, report them to or seek opinions from competent state agencies in accordance with law before concluding cooperation agreements with the foreign investor.

Article 6. Mechanism for receipt of and response to reports, petitions and complaints of foreign investors

1. Where there are grounds to believe that an administrative decision or administrative act of a state agency is unlawful and infringes upon its/his/her lawful rights and interests, a foreign investor may request a competent agency to protect its/his/her rights and interests in accordance with Vietnamese law. The foreign investor shall directly submit its/his/her report, petition or complaint to a state agency in accordance with the law on complaints and to the national investment portal. The receipt of information through the national investment portal shall not substitute for the competence, order and procedures for settlement of requests of foreign investors specified in this Clause.

2. Upon receiving a report, petition or complaint, a competent agency, organization or individual shall settle the report, petition or complaint of the foreign investor in accordance with the law on complaints and other relevant laws.

3. Where a foreign investor submits a report, petition or complaint to the national investment portal, the agency managing the national investment portal under the Ministry of Finance shall:

a) Receive, classify and process, within its competence, reports, petitions and complaints of foreign investors;

b) Where a report, petition or complaint falls beyond its settlement competence, within 05 working days, transfer the information and enclosed dossiers and documents to a competent state agency for consideration and handling in accordance with law; and concurrently notify the Ministry of Justice, the local state management agency in charge of investment, and related agencies and organizations for coordinated monitoring;

c) Monitor and consolidate information on the settlement by competent state agencies in order to update the status and results of the handling of reports, petitions and complaints of foreign investors on the national investment portal, within the scope of information permitted to be disclosed.

4. Where a foreign investor submits a report, petition or complaint to the national investment portal, within 30 working days from the date of receipt of the dossier and documents transferred by the agency managing the national investment portal, the agency settling the report, petition or complaint shall coordinate with related ministries and sectors in handling such report, petition or complaint; update the status and handling results on the national investment portal or send updated information to the agency managing the national investment portal for monitoring and consolidation. Where the matter has not been completely resolved, the agency shall continue to provide periodic updates or updates upon new developments, unless otherwise provided by specialized laws.

Where there are insufficient grounds to settle the foreign investor's report, petition or complaint, the agency settling the report, petition or complaint shall send a written notice to the state management agency in charge of investment. Where necessary, the state management agency in charge of investment shall request the legal representative agency to assess the risk of an international investment dispute arising and propose handling measures, if any. Based on the consolidated opinions of the state management agency in charge of investment, the legal representative agency and related ministries and sectors, within 10 working days after receiving all opinions, the agency settling the report, petition or complaint shall report the matter to the Prime Minister if it falls beyond its competence or shows all of the following signs:

a) The measure shows signs of violating law, an investment agreement or another commitment to the foreign investor, as stated in the investor’s report, petition or complaint;

b) There is a risk of an international investment dispute.

Article 7. Management and utilization of data for the prevention of international investment disputes

1. The agency managing the national investment portal shall monitor, consolidate and update the status and results of the settlement of reports, petitions and complaints on the national investment portal.

2. Competent state agencies shall, within the scope of their assigned functions and tasks, provide and update information and data relating to the handling of reports, petitions and complaints of foreign investors on the national investment portal.

3. The agency managing the national investment portal shall develop a database of reports, petitions and complaints of foreign investors received through the national investment portal and the results of their settlement; digitize data and apply digital technologies to consolidate and analyse trends by locality and investment sector for the purposes of early warning, risk assessment and prevention of international investment disputes.

Chapter III

COORDINATION MECHANISM FOR SETTLEMENT OF INTERNATIONAL INVESTMENT DISPUTES

Article 8. Receipt and processing of notices of intention to sue and notices of arbitration

1. Responsibilities of an agency or organization receiving a notice of intention to sue or notice of arbitration:

a) For the agency in charge specified in Article 12 of the Resolution and Article 9 of this Decree, it shall proactively perform the responsibilities specified in Article 13 of the Resolution and Article 10 of this Decree; and concurrently notify the legal representative agency in writing within 05 working days from the date of receipt;

b) For the agency other than that specified in Article 12 of the Resolution and Article 9 of this Decree, it shall, within 05 working days from the date of receipt, send a written notice together with all received documents to the agency in charge or the legal representative agency if the agency in charge cannot be identified.

2. Responsibilities of the legal representative agency receiving a notice of intention to sue or notice of arbitration:

a) If the agency in charge can be identified under Clause 1, Article 12 of the Resolution, it shall, within 07 working days from the date of receipt of all documents, send a written notice together with all received documents to the agency in charge;

b) Within 07 working days from the date of receipt of all documents, report to the Prime Minister for consideration and decision on the agency in charge pursuant to Clause 2, Article 12 of the Resolution and Article 9 of this Decree.

3. The agency in charge shall proactively and promptly receive and process notices of intention to sue and notices of arbitration in accordance with the Resolution and this Decree to ensure the consistent and effective settlement of international investment disputes, protect the rights and interests of the Socialist Republic of Vietnam, and minimize the occurrence of complex and adverse issues in such disputes.

4. In the course of processing a notice of intention to sue specified in this Article, the agency in charge shall coordinate with the legal representative agency and related agencies, organizations and individuals in conducting negotiation, consultation or conciliation with the Claimant in accordance with law and relevant treaties in order to settle the dispute and mitigate the risk of an international investment dispute arising.

5. Related agencies, organizations and individuals, including proceeding-conducting agencies, shall proactively and promptly coordinate with the agency in charge in processing notices of intention to sue and notices of arbitration; provide complete and accurate information and documents within the prescribed time limits; appoint persons to participate in coordination; and comply with requests of the agency in charge to ensure the protection of the rights and interests of the Socialist Republic of Vietnam and minimize the occurrence of complex and adverse issues in the dispute.

6. The receipt and processing of notices of intention to sue and notices of arbitration under this Article shall not be construed as recognition by the Socialist Republic of Vietnam of the jurisdiction of the relevant adjudicatory body or acceptance of the contents of such notices of intention to sue or notices of arbitration.

Article 9. Identification of the agency in charge

1. Where the measures threatened to be challenged or challenged involve two or more agencies as specified in Clause 2, Article 12 of the Resolution, the legal representative agency shall propose that the Prime Minister decide on the agency in charge from among the agencies involved in such measures based on the following criteria in order of priority:

a) The agency that directly adopted or proposed the measure most closely related to the substance of the Claimant’s claims;

b) The agency that assumed the prime responsibility for negotiating or signing, or signed on behalf of the Vietnamese State or Government, a contract or agreement with the Claimant;

c) The agency whose personnel possess expertise most relevant to the field concerning the measure threatened to be challenged or challenged at the time of the proposal.

2. Where the agency that directly adopted or proposed the measure threatened to be challenged or challenged is a proceeding-conducting agency, the legal representative agency shall propose that the Prime Minister decide on the agency in charge based on the following criteria in order of priority:

a) The agency whose functions, tasks and powers are most closely related to the measure threatened to be challenged or challenged;

b) The agency whose personnel possess expertise most relevant to the field concerning the measure threatened to be challenged or challenged at the time of the proposal.

Article 10. Responsibilities of the agency in charge

1. To receive and process information and documents relating to notices of intention to sue and notices of arbitration.

2. To act as the focal point for communication and exchange with the Claimant and the adjudicatory body.

3. To make estimates and manage, use and conduct final settlement of state budget funds for the settlement of international investment disputes.

4. To assume the prime responsibility for, and coordinate with the legal representative agency, the inter-sectoral working team, lawyers and related agencies, organizations and individuals in, performing necessary tasks throughout the process of settling an international investment dispute, including:

a) Proposing the establishment of an inter-sectoral working team or inter-sectoral steering committee, where necessary, for the settlement of the international investment dispute;

b) Formulating and implementing the initial assessment and strategy for settlement of the international investment dispute;

c) Designating arbitrators;

d) Proposing, selecting or deciding on lawyers, witnesses, experts and other organizations and individuals necessary for settlement of the international investment dispute;

dd) Collecting and consolidating information, documents and evidence necessary for settlement of the international investment dispute;

e) Preparing and finalizing written submissions to the adjudicatory body;

g) Participating in hearings;

h) Formulating and implementing plans for negotiation, consultation or conciliation with the Claimant;

i) Proposing plans for, and organizing the enforcement of, judgments, awards and decisions of the adjudicatory body;

k) Proposing plans and organizing their implementation when there is a request for review of the adjudicatory body’s judgment, award or decision;

l) Proposing and performing other necessary tasks relating to settlement of the international investment dispute;

m) Participating in other stages of proceedings in the settlement of the international investment dispute.

5. To proactively make decisions within its competence to ensure compliance with procedural time limits where an agency, organization or individual requested to coordinate fails to coordinate or coordinates improperly or inadequately.

6. To formulate and decide on criteria and procedures for selecting lawyers according to the complexity of each specific international investment dispute; negotiate, sign and manage legal service contracts with lawyers at market rates; and authorize lawyers to sign and submit documents and written submissions in the proceedings.

7. To facilitate access by members of the inter-sectoral steering committee and inter-sectoral working team to relevant documents and information; decide on the provision of information to media and press agencies; and take responsibility for information security and protection of state secrets in accordance with law.

8. To report to the Prime Minister, the legal representative agency and competent state agencies on matters relating to international investment disputes as prescribed in this Decree and upon request.

Article 11. Responsibilities of the legal representative agency

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

2. To perform the tasks specified in Clause 2, Article 8 of this Decree.

3. To assist and advise the agency in charge on the following matters:

a) The necessity for, and composition of, the inter-sectoral steering committee and inter-sectoral working team for settlement of an international investment dispute;

b) Legal issues in the initial assessment and strategy for settlement of an international investment dispute;

c) Candidates and procedures for designation of arbitrators;

d) Proposing concerning lawyers, witnesses, experts and other organizations and individuals necessary for settlement of the international investment dispute;

dd) Collecting and consolidating information, documents and evidence in settlement of the international investment dispute;

e) Legal issues in written submissions to the adjudicatory body;

g) Participating in hearings;

h) Legal issues and the manner for organizing the implementation of plans for negotiation, consultation or conciliation with the Claimant;

i) Legal issues and the manner for organizing the enforcement of judgments, awards and decisions of the adjudicatory body;

k) Legal issues and the manner of organizing the review of judgments, awards and decisions of the adjudicatory body;

l) Other legal issues in the settlement of international investment disputes.

4. To develop and regularly update a list of arbitrators and a list of lawyers for reference by the agency in charge in settling international investment disputes.

5. To assume the prime responsibility for, or coordinate in, providing education, professional development and training to enhance the capacity of cadres, civil servants, public employees and related persons in the settlement of international investment disputes based on practical needs.

Article 12. Inter-sectoral steering committee for settlement of international investment disputes

1. The Prime Minister shall decide on the establishment of an inter-sectoral steering committee for settlement of international investment disputes (hereinafter referred to as the inter-sectoral steering committee) in accordance with the Resolution and this Decree.

2. The head of the inter-sectoral steering committee shall be the Deputy Prime Minister in charge of the field relating to the challenged measure at the time the Prime Minister decides to establish the inter-sectoral steering committee. The deputy head shall be the leader of the agency in charge. Members of the inter-sectoral steering committee shall include representatives of the agency in charge, legal representative agency, and related agencies, organizations and individuals.

3. The agency in charge shall act as the standing agency of the inter-sectoral steering committee. The standing agency shall organize the implementation of opinions of the inter-sectoral steering committee and assist the inter-sectoral steering committee in performing the tasks and exercising the powers specified in Clause 4 of this Article.

4. The inter-sectoral steering committee shall have the following tasks and powers:

a) To provide comprehensive direction throughout the process of settling the international investment dispute;

b) To decide on measures for addressing difficulties and obstacles in the settlement of the international investment dispute;

c) To request ministries, sectors, localities, and related individuals and organizations to submit reports, provide information and documents, and designate witnesses or experts for the settlement of the international investment dispute;

d) To urge, inspect and supervise the settlement of the international investment dispute and the removal of difficulties therein within the scope of its competence.

5. The inter-sectoral steering committee shall operate under a regime emphasizing the personal responsibility of its head; its members shall perform tasks as assigned by the head and shall fully and effectively participate in the activities of the inter-sectoral steering committee.

6. Members of the inter-sectoral steering committee shall work on a part-time basis. The inter-sectoral steering committee shall automatically dissolve upon conclusion of the international investment dispute.

Article 13. Inter-sectoral working team for settlement of international investment disputes

1. Based on the nature and scale of each international investment dispute, the agency in charge shall decide on the establishment of an inter-sectoral working team for settlement of the international investment dispute (hereinafter referred to as the inter-sectoral working team) in accordance with the Resolution and this Decree.

2. The head of the inter-sectoral working team shall be a leader of the agency in charge. Deputy heads of the inter-sectoral working team shall include representatives of the Ministry of Finance, the legal representative agency and the proceeding-conducting agency whose measure is challenged, if any. Members of the inter-sectoral working team shall include representatives of the agency in charge, the legal representative agency, the proceeding-conducting agency whose measure is challenged, if any, the Ministry of Finance, the Ministry of Foreign Affairs, and related agencies, organizations and individuals.

3. Heads of related agencies and organizations shall, at the request of the agency in charge, appoint within the prescribed time limit persons possessing sufficient authority and expertise appropriate to the requirements of the international investment dispute to participate in the inter-sectoral working team; and shall be liable for damage arising from their failure to comply, or improper or incomplete compliance, with requirements concerning the settlement of the international investment dispute.

4. The inter-sectoral working team shall coordinate with the agency in charge in performing the tasks specified in Clause 4, Article 10 of this Decree.

5. Members of the inter-sectoral working team shall perform tasks as assigned by the head; be granted full access to information, documents and dossiers relating to the international investment dispute according to their assigned tasks, unless otherwise provided by the law on protection of state secrets; and fully and effectively participate in the activities of the inter-sectoral working team.

6. Members of the inter-sectoral working team shall work on a part-time basis. The Inter-sectoral working team shall automatically dissolve upon conclusion of the international investment dispute.

Article 14. Initial assessment of international investment disputes

1. Within 15 working days from the date of receipt of a notice of intention to sue or notice of arbitration, the agency in charge shall coordinate with the legal representative agency, the inter-sectoral working team (if any), lawyers (if any), and related agencies, organizations and individuals in preparing an initial assessment of the international investment dispute and report it to the Prime Minister for consideration and decision.

2. The initial assessment of an international investment dispute shall include the following principal contents:

a) A summary of the international investment dispute and relevant legal grounds;

b) A preliminary assessment of the dispute;

c) Proposals on the engagement of lawyers and designation of arbitrators;

d) Proposed options for handling the international investment dispute, including options for negotiation, consultation and conciliation;

dd) Related comments and recommendations.

3. The initial assessment of international investment disputes shall be preserved in accordance with the law on protection of state secrets.

Article 15. Strategy for settlement of international investment disputes

1. Within 20 working days from the date of receipt of the Claimant’s petitions, the agency in charge shall coordinate with the legal representative agency, the inter-sectoral working team (if any), lawyers (if any), and related agencies, organizations and individuals in formulating a strategy for settlement of the international investment dispute, report it to the inter-sectoral steering committee, if any, and submit it to the Prime Minister for approval.

2. The strategy shall include the following principal contents:

a) A summary of the international investment dispute and relevant legal grounds;

b) An analysis of the strengths and weaknesses of the Vietnamese side;

c) A summary of the proceedings for the international investment dispute and the tasks of the agency in charge and related agencies, organizations and individuals at each stage of such proceedings;

d) Selection and employ of lawyers and designation of arbitrators;

dd) Impacts on the state budget, national defence and national security;

e) Proposed options for handling the international investment dispute, including options for negotiation, consultation and conciliation;

g) Related comments and recommendations.

3. The Prime Minister shall approve the strategy for settlement of international investment disputes within 07 working days from the receipt of the agency in charge's proposal.

4. The agency in charge may, in coordination with the legal representative agency, the inter-sectoral working team (if any), lawyers (if any), and related agencies, organizations and individuals, propose amendments and supplements to the strategy for settlement of the international investment dispute when necessary and submit them to the Prime Minister for approval.

5. The strategy for settlement of the international investment dispute shall be preserved in accordance with the law on protection of state secrets.

Article 16. Conciliation

1. At any time during the settlement of an international investment dispute, if deeming it appropriate, the agency in charge shall propose conciliation in accordance with Article 16 of the Resolution.

2. When conducting conciliation under Article 16 of the Resolution, the agency in charge shall coordinate with the legal representative agency, the Ministry of Finance, the Ministry of Foreign Affairs, and related agencies, organizations and individuals in formulating a conciliation plan that includes the following principal contents:

a) A summary of the dispute and relevant legal grounds;

b) An analysis of the strengths and weaknesses of the Vietnamese side;

c) Specific conciliation measures;

d) Agencies, organizations and individuals taking the conciliation measures;

dd) Related comments and recommendations.

Article 17. Provision of evidence and designation of witnesses

1. Upon request, agencies, organizations and individuals shall fully and promptly provide information and documents and designate witnesses for the settlement of an international investment dispute within the time limit required by the agency in charge.

2. Related agencies, organizations and individuals shall be responsible for the accuracy, authenticity and legality of the information and documents provided and for designating witnesses as required by the agency in charge.

3. Agencies, organizations and individuals participating in the collection and provision of information, documents and evidence and the designation of witnesses during the settlement of international investment disputes shall keep confidential all information, documents and evidence obtained in accordance with the law on protection of state secrets and procedural requirements.

4. Heads of related agencies and organizations shall be liable for damage arising in the international investment dispute if they fail to comply with Clauses 1 and 2 of this Article.

Article 18. Preparation of written submissions to the adjudicatory body

1. The agency in charge shall coordinate with the legal representative agency, the inter-sectoral working team, lawyers, and related agencies, organizations and individuals in preparing and finalizing written submissions in accordance with the proceedings for the international investment dispute.

2. Related agencies, organizations and individuals receiving a request for coordination from the agency in charge shall ensure proper, complete and timely coordination, satisfying procedural requirements.

3. The agency in charge shall decide on the contents of written submissions, ensuring compliance with procedural time limits and consistency of positions throughout the settlement of the international investment dispute.

Article 19. Participation in hearings

1. The agency in charge shall coordinate with the legal representative agency, the inter-sectoral working team, lawyers, and related agencies, organizations and individuals in proactively preparing the contents of, and deciding on the composition of the delegation participating in, hearings before the adjudicatory body, ensuring compliance with procedural time limits; and shall report to the Prime Minister where necessary.

2. A proceeding-conducting agency shall appoint a representative to participate in a hearing where the international investment dispute involves a challenged measure of such agency and the agency in charge so requests.

Article 20. Enforcement of judgments, awards and decisions of the adjudicatory body

1. Within 15 working days from the date of receipt of a judgment, award or decision of the adjudicatory body, the agency in charge shall coordinate with the legal representative agency, the inter-sectoral working team, lawyers, and related agencies, organizations and individuals in reporting to the Prime Minister for decision on an implementation plan, including the time, contents, and agencies, organizations and individuals responsible for implementation.

2. The agency in charge shall coordinate with the Ministry of Foreign Affairs, the legal representative agency, competent state agencies, lawyers, and related agencies, organizations and individuals in carrying out procedures to request recognition and enforcement in Vietnam or abroad of a judgment, award or decision of the adjudicatory body according to the plan approved by the Prime Minister.

3. Where a judgment, award or decision of the adjudicatory body determines that a Vietnamese agency has a financial obligation to the Claimant, the agency in charge shall coordinate with the same-level finance agency in formulating a payment plan and submitting it to the competent agency for approval, ensuring proper enforcement of the judgment, award or decision.

4. Where a judgment, award or decision requires a Vietnamese state agency to implement a remedy other than that specified in Clause 3 of this Article, the agency in charge shall coordinate with the competent agency in formulating a plan and organizing its implementation.

Article 21. Request for review of judgments, awards and decisions of the adjudicatory body

1. Where, after a judgment, award or decision of the adjudicatory body is rendered, the Claimant requests the annulment or review of such judgment, award or decision or initiates similar proceedings before a competent adjudicatory body, the agency in charge shall:

a) Notify the legal representative agency and the inter-sectoral working team within 03 working days from the date of receipt of the request for review;

b) Decide to continue engaging the lawyer contracted for the previous international investment dispute or select and enter into a contract with another lawyer;

c) Coordinate with the legal representative agency, the inter-sectoral working team, lawyers, and related agencies, organizations and individuals in assessing the nature and scope of the ensuing proceedings and the enforcement of the judgment, award or decision in the international investment dispute, and formulating a handling plan; and report it to the Prime Minister for consideration and decision.

2. Where, after a judgment, award or decision of the adjudicatory body is rendered, a Vietnamese state agency requests review of such judgment, award or decision, the agency in charge shall:

a) Decide to continue engaging the lawyer contracted for the previous international investment dispute or select and enter into a contract with another lawyer;

b) Coordinate with the legal representative agency, the inter-sectoral working team, lawyers, and related agencies, organizations and individuals in proposing an implementation plan and report it to the Prime Minister for consideration and decision;

c) Organize the implementation of the plan approved by the Prime Minister.

Article 22. Final review of the settlement of international investment disputes

After an international investment dispute is concluded, the agency in charge shall coordinate with the legal representative agency, the inter-sectoral working team, lawyers, and related agencies, organizations and individuals in conducting a final review and assessment of the settlement of the international investment dispute, drawing lessons therefrom, and reporting to the Prime Minister.

Chapter IV

SPECIAL POLICIES TO ENHANCE THE EFFECTIVENESS OF PREVENTION AND RESOLUTION OF INTERNATIONAL INVESTMENT DISPUTES

Article 23. Expenditures for the prevention and settlement of international investment disputes

1. The state budget shall provide funds for performing the tasks and activities concerning the prevention and settlement of international investment disputes specified at Points a and b, Clause 1, Article 17 of the Resolution, including:

a) Expenses for proceedings in international investment disputes;

b) Expenses for consultation with domestic and international experts;

c) Expenses for hiring lawyers;

d) Expenses for witnesses;

dd) Expenses for domestic and overseas business trips serving the prevention and settlement of international investment disputes;

e) Expenses for implementing conciliation agreements and judgments, awards and decisions of adjudicatory bodies;

g) Expenses for accessing software and databases and directly purchasing domestic and foreign databases serving the prevention and settlement of international investment disputes;

h) Expenses for organizing international conferences and seminars on the prevention and settlement of international investment disputes in accordance with international standards and practices;

i) Other expenses for the prevention and settlement of international investment disputes.

2. Heads of the agency in charge, the legal representative agency and agencies performing the tasks and activities may proactively decide and adjust expenditure items within the budgets allocated for the tasks and activities specified in Clause 1 of this Article in accordance with the law on the state budget; shall take legal responsibility for their decisions; and shall fully comply with accounting, inspection, supervision and final settlement requirements, ensuring publicity and transparency and being subject to post-inspection by competent agencies.

Article 24. Expenditures for the prevention and settlement of international investment disputes

1. Expenditure levels prescribed by applicable regulations shall apply to the following expenditures:

a) Expenses for business trips serving the prevention and settlement of international investment disputes; expenses for business trips of witnesses who are cadres, civil servants, public employees or employees paid salaries from the state budget;

b) Expenses for domestic or overseas business trips of witnesses who are Vietnamese and do not receive salaries from the state budget, at the levels of travel allowances applicable to state cadres and civil servants on domestic or short-term overseas business trips, corresponding to each case;

c) Expenses for other activities serving the prevention and settlement of international investment disputes, except those specified in Clause 2 of this Article.

2. Actual expenditure levels shall apply to the following expenditures:

a) Expenses for proceedings in international investment disputes according to cost notices issued by adjudicatory bodies; case-administering institutions; organizations selected by adjudicatory bodies and disputing parties to assist in carrying out procedural steps; or other competent agencies;

b) Expenses for consultation with and hiring of domestic and international experts, paid under contracts entered into between the agency in charge or lawyers and experts;

c) Expenses for hiring lawyers, paid under contracts entered into between the agency in charge and lawyers;

d) Expenses for foreign witnesses: travel, meal and accommodation expenses paid under contracts entered into between lawyers and witnesses;

dd) Expenses for compensating witnesses who do not receive salaries from the state budget for income lost during the period in which they serve the settlement of international investment disputes: The head of the agency in charge shall consider and decide on such expenses based on certification by the organization where the witness works of the amount of income lost;

e) Expenses for implementing conciliation agreements according to the contents of such agreements; expenses for enforcing judgments, awards and decisions of adjudicatory bodies according to the contents of such judgments, awards and decisions;

g) Expenses for accessing software and databases and directly purchasing domestic and foreign databases serving the prevention and settlement of international investment disputes as notified by service providers;

h) Expenses for organizing international conferences and seminars on the prevention and settlement of international investment disputes in accordance with international standards and practices, under decisions of the competent authorities permitting the organization of such conferences and seminars, at the expenditure levels applicable to international conferences organized on a rotating-host basis.

Article 25. Preparation of estimates, management, use and final settlement of state budget funds for the prevention and settlement of international investment disputes

1. State budget funds for the prevention and settlement of international investment disputes shall comply with Points a and b, Clause 1, and Clause 2, Article 17 of the Resolution.

2. The preparation of estimates, management, use and final settlement of state budget funds for the prevention and settlement of international investment disputes shall comply with the laws on the state budget, accounting, public investment, science, technology and innovation, digital technology industry, other relevant laws, and the following provisions:

a) Funds for performing the task of acting as the legal representative agency of the Government shall be allocated within the annual operating funds of the Ministry of Justice.

b) Funds for performing tasks concerning the prevention and settlement of international investment disputes shall be allocated in the annual estimates of the agencies and organizations assigned to assume the prime responsibility for preventing and settling international investment disputes.

c) State budget funds for the prevention and settlement of international investment disputes shall be included in annual final accounts in accordance with the law on the state budget.

3. For direct procurement of domestic and foreign databases serving the prevention and settlement of international investment disputes, the head of the procuring agency or unit shall decide on the procurement, ensuring economy and efficiency, and shall take responsibility for such decision without being required to prepare, appraise or approve a contractor selection plan or bidding package cost estimate or to enter into a contract with the provider, but shall ensure adequate invoices and documents in accordance with law.

4. The agency in charge shall directly pay the expenses specified in Clause 2, Article 24 of this Decree to the related entities, or make such payments through lawyers, based on appropriate invoices and documents and the contracts with the lawyers.

Article 26. Implementation of benefits and policies for persons engaged in the prevention and settlement of international investment disputes

1. The monthly support payments specified in Clauses 2, 3 and 4, Article 18 of the Resolution shall be funded by the state budget and paid by the agencies managing the eligible persons in the same payroll period. Such support payments shall not be used as a basis for calculating contributions to, or benefits under, compulsory social insurance, health insurance or unemployment insurance.

2. Persons holding job positions concerning the prevention and settlement of international investment disputes at ministries, sectors and localities shall receive monthly support equal to 100% of their salaries calculated based on their current salary coefficients, excluding allowances, as specified in Clause 2, Article 18 of the Resolution. The head of the agency having job positions concerning the prevention and settlement of international investment disputes shall decide on the list of persons eligible for support under this Clause.

3. Persons directly participating in the settlement of an international investment dispute at the agency in charge or the legal representative agency shall receive monthly support equal to 300% of their salaries calculated based on their current salary coefficients, excluding allowances, for the period during which they directly participate in settling the international investment dispute.

4. Persons participating in the inter-sectoral working team shall receive an additional monthly allowance equal to 100% of their salaries calculated based on their current salary coefficients, excluding allowances, as specified in Clause 4, Article 18 of the Resolution. The head of the agency appointing persons to participate in the inter-sectoral working team shall decide on the list of persons eligible for support and the duration of their entitlement thereto, commensurate with their level of participation (the period during which they actually and directly perform tasks concerning the settlement of the dispute), within the period specified in Clause 5 of this Article.

5. The period for determining entitlement to support under Clauses 3 and 4 of this Article shall be calculated by month as follows:

a) Commencement date: The date on which the arbitral tribunal is constituted, the competent court issues a notice of acceptance of the case, or another competent body issues an equivalent document confirming that the dispute has been accepted for settlement;

b) End date: The date on which the adjudicatory body renders the final judgment, award or decision settling the international investment dispute.

6. The heads of the agency in charge and the legal representative agency shall decide on the lists of persons eligible for support under Clause 3 of this Article and their specific periods of entitlement, commensurate with their levels of participation, in which:

a) Persons directly participating in the settlement of an international investment dispute are those performing the tasks specified in Article 10 (except Clause 3 thereof), or Clause 3, Article 11 of this Decree;

b) The period of entitlement to support is the period during which an eligible person actually and directly performs tasks concerning the settlement of the dispute, within the period specified in Clause 5 of this Article.

7. The heads of the agency in charge, the legal representative agency and the agencies appointing persons to participate in the inter-sectoral working team shall be responsible for the accuracy and reasonableness of the identification of eligible persons and their periods of entitlement to support under this Article.

8. An agency having persons eligible for the policies specified in this Article shall prepare a funding estimate and submit it to the competent agency for fund allocation in accordance with the law on the state budget.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 27. Transitional provisions

1. International investment disputes arising before May 01, 2026, for which no final judgment, award or decision has been rendered by an adjudicatory body, shall continue to be settled in accordance with this Decree.

2. Reports, petitions, complaints, notices of intention to sue and notices of arbitration submitted before the effective date of this Decree and currently being settled shall continue to be settled in accordance with this Decree.

3. Legal service contracts entered into before the effective date of this Decree shall continue to be performed according to their signed terms. Where the parties need to amend or supplement such contracts or enter into new contracts on or after the effective date of this Decree, the provisions of this Decree shall apply.

4. Funds for performing tasks concerning the prevention and settlement of international investment disputes (including monthly support payments specified in Clauses 2, 3 and 4, Article 18 of the Resolution), from May 01, 2026, shall comply with this Decree. Funds for performing tasks concerning the prevention and settlement of international investment disputes in 2026 shall be allocated within the assigned state budget estimates. Where expenditures arise outside such estimates, ministries, ministerial-level agencies, other central agencies and localities shall proactively carry out the order and procedures for preparing supplementary funding estimates in accordance with the law on the state budget.

Article 28. Effect

1. This Decree takes effect from August 17, 2026.

2. State agencies, organizations authorized by state agencies to perform state management functions, state enterprises, and subsidiaries of state enterprises may apply the provisions of Chapter III and Articles 23, 24 and 27 of this Decree in the course of settling international disputes in order to protect the rights and interests of the Vietnamese State in accordance with Clause 2, Article 20 of the Resolution.

Article 29. Implementation responsibilities

1. The Ministry of Justice shall monitor and urge the implementation of this Decree; and assume the prime responsibility for addressing, or proposing competent authorities to address, difficulties and obstacles arising during the implementation of Chapters III and IV of this Decree.

2. The Ministry of Finance shall assume the prime responsibility for addressing, or proposing competent authorities to address, difficulties and obstacles arising during the implementation of Chapter II of this Decree.

3. Ministers, heads of ministerial-level agencies, chairpersons of provincial-level People’s Committees, and other related organizations and individuals shall implement this Decree.