Currently, the law does not provide a specific definition of "dispute". However, a dispute is understood as a conflict, contradiction or disagreement on a particular issue. In the field of investment, investment disputes are conflicts arising related to investment activities.
1. Negotiation and Mediation
- Disputes related to investment in Vietnam can be resolved through negotiation and mediation. If an agreement cannot be reached, the parties may take the dispute to Arbitration or Court.
2. Disputes between investors
- Disputes between domestic investors, foreign-invested economic organizations, or between domestic investors and state agencies related to investment in the territory of Vietnam shall be settled through arbitration or Vietnamese courts, unless otherwise specified.
3. Disputes involving foreign parties
- If at least one party is a foreign investor, the dispute can be resolved through:
- Courts of Vietnam
- Vietnam Arbitration
- Foreign Arbitration
- International Arbitration
- Arbitration established by agreement of the parties
4. Disputes between International Investors and Government Agencies
- Disputes between international investors and state agencies related to investment in Vietnam shall be resolved through Vietnamese Courts or Arbitration, unless otherwise agreed upon under international contracts or treaties to which Vietnam is a signatory.
3.1. Dispute Resolution in Vietnam
Bargain
- It is the process of the parties negotiating by themselves to reach an agreement. Negotiation is often the preferred choice because of the simple and flexible procedure.
Mediation
- Done with the involvement of an intermediary third party. The intermediary will help the parties find solutions to resolve conflicts.
Referee
- Occurs through an arbitral tribunal or arbitrator, in accordance with the provisions of the Law on Commercial Arbitration 2010 and the agreement between the parties.
Court
- Handle disputes according to strict and highly enforceable regulations, ensuring the enforcement of judgments.
3.2. Settlement of disputes between domestic investors, foreign economic organizations and state agencies
- This dispute shall be settled at Arbitration or Vietnamese Courts, unless otherwise specified.
3.3. Dispute Resolution with Foreign Parties
- Disputes with at least one party being a foreign investor can be resolved at:
- Courts of Vietnam
- Vietnam Arbitration
- Foreign Arbitration
- International Arbitration
- Arbitration established by agreement of the parties
3.4. Dispute Resolution between International Investors and Government Agencies
- Disputes between international investors and state agencies shall be settled through Vietnamese courts or arbitration, unless otherwise agreed upon under international contracts or treaties.
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