ELABORATING ON CERTAIN ARTICLES AND PROVIDING MEASURES FOR THE ORGANIZATION AND GUIDANCE OF THE IMPLEMENTATION OF RESOLUTION NO. 20/2026/QH16 ON THE COORDINATION MECHANISM AND SPECIFIC POLICIES FOR ENHANCING THE EFFECTIVENESS OF PREVENTION AND RESOLUTION OF INTERNATIONAL INVESTMENT DISPUTES

This Decree elaborates on clause 4 of Article 7, clause 5 of Article 9, Articles 13, 14, 17 and 18 of Resolution No. 20/2026/QH16 of April 23, 2026 on the coordination mechanism and specific policies for enhancing the effectiveness of prevention and resolution of international investment disputes (hereinafter referred to as the "Resolution") and provides measures for the organization and guidance of the implementation of the Resolution.

In this Decree, the following terms shall be construed as follows:

1. An adjudicative body is a Vietnamese, foreign or international arbitral tribunal; a Vietnamese, foreign or international court; or another body having authority to consider and decide international investment dispute cases in accordance with investment treaties, contracts or agreements between the parties.

2. The Claimant in an international investment dispute case is a foreign organization or individual that has submitted a notice of intent to submit a claim, a notice of arbitration or a similar notice in accordance with investment treaties, contracts or agreements between the parties.

3. Legal counsel in an international investment dispute case is a law firm representing a Vietnamese state agency.

4. A notice of intent to submit a claim is a document submitted by a foreign organization or individual to a Vietnamese state agency clearly stating their intent to bring a claim against the Vietnamese state agency before an adjudicative body in accordance with investment treaties, contracts or agreements between the parties.

5. A notice of arbitration is a document by which the Claimant formally initiates a claim against a Vietnamese state agency before an adjudicative body in accordance with investment treaties, contracts or agreements between the parties.

1. Ministries, ministerial agencies, province-level People's Committees and relevant agencies shall proactively prevent international investment disputes within their state management functions; regularly review and assess the implementation of legal provisions; engage in exchange and dialogue with foreign investors to address difficulties and obstacles and avoid misunderstandings or divergent interpretations of policies and laws; and cooperate with relevant ministries, sectors, agencies and organizations to promptly address foreign investors' reports, representations and complaints with a view to limiting the risk of international investment disputes arising.

2. Upon request from the Lead Agency, the Ministry of Finance or the Ministry of Justice, ministries, ministerial agencies, province-level People's Committees and relevant agencies shall provide complete and accurate information, documents, records, evidence and opinions on relevant matters; in exceptional cases where provision is not possible, a written explanation of the reasons shall be submitted.

3. Where foreign investors' reports, representations and complaints are assessed as carrying a risk of escalating into international investment disputes, ministries, ministerial agencies, province-level People's Committees and relevant agencies shall promptly notify the Ministry of Finance, the Ministry of Justice and the Ministry of Foreign Affairs in writing for coordination in addressing and preventing disputes.

4. The Ministry of Finance shall take charge and cooperate with the Ministry of Justice, ministries, ministerial agencies, province-level People's Committees and relevant agencies to consolidate and analyze the progress in addressing foreign investors' reports, representations and complaints and the risks of international investment disputes arising. On the basis of such consolidation and analysis, the Ministry of Finance shall issue written guidance and follow-up instructions to ministries, sectors and local governments on risks of international investment disputes arising so that they may proactively review and address such risks.

5. Where an international investment dispute arises, the coordination for resolution of the dispute shall be carried out in accordance with the Resolution, this Decree and relevant laws.

1. Foreign investors conducting investment and business activities in Vietnam shall submit applications for investment registration certificates in accordance with the procedures set out in investment laws.

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

a) Provide information on business sectors and conditions for investment and business; market access conditions for foreign investors; guide foreign investors through investment procedures in accordance with the law; and promptly clarify matters on which differing views arise in the course of processing applications;

b) Apply procedures uniformly, openly, transparently, objectively, within their authority and in the correct order; review and assess the conformity of investment projects with relevant legal provisions to ensure consistency in the resolution of investment procedures and to protect national defense and security interests;

c) Review and assess legal factors relating to investors, including the history of relevant complaints and disputes (if any), so as to promptly identify legal risks and apply appropriate preventive measures;

d) Maintain complete records of documents and records relating to the investment procedure process for the purposes of state management, handling of reports, representations and complaints, and prevention and resolution of international investment disputes;

dd) Inspect, supervise and assess project implementation in accordance with the law; resolve within their authority or notify competent agencies of issues arising in respect of projects carried out under special investment procedures.

1. In the course of investment promotion activities, negotiation and conclusion of investment cooperation agreements with foreign investors, state agencies, state-owned enterprises, organizations and individuals taking charge shall cooperate with and seek opinions from relevant agencies before concluding cooperation agreements with foreign investors on matters relating to mechanisms and policies falling within the authority of other agencies or likely to give rise to State obligations.

2. State agencies, state-owned enterprises, organizations and individuals shall not commit to or incorporate into cooperation agreements preferential or supportive investment mechanisms, policies or other matters that exceed their authority or are not yet provided for in legislative documents, where this would give rise to a risk of international investment disputes.

3. Information and materials for introduction and promotion in investment promotion activities are for reference only, do not replace decisions of competent state agencies and do not constitute commitments to foreign investors. The conduct of investment and business activities by foreign investors following the conclusion of investment cooperation agreements must comply with Vietnamese law and decisions of competent state agencies.

4. Where foreign investors propose specific mechanisms, preferential or supportive investment policies or matters likely to give rise to State obligations, the relevant agencies, organizations and individuals shall report to or seek opinions from competent state agencies in accordance with the law before concluding cooperation agreements with foreign investors where such matters exceed their authority.

1. Where a foreign investor has grounds to consider that an administrative decision or administrative act of a state agency is unlawful and infringes upon their legitimate rights and interests, the foreign investor has the right to request competent agencies to protect their rights in accordance with Vietnamese law. Foreign investors may submit reports, representations and complaints directly to state agencies in accordance with the law on complaints and to the National Investment Portal. Receipt of information through the National Investment Portal does not replace the authority, procedures and processes for resolution of foreign investors' requests as provided for in this clause.

2. Competent agencies, organizations and individuals receiving reports, representations and complaints shall handle foreign investors' reports, representations and complaints in accordance with the law on complaints and other relevant laws.

3. Where foreign investors submit reports, representations and complaints to the National Investment Portal, the management authority of the National Investment Portal under the Ministry of Finance shall:

a) Receive, classify and handle within its authority foreign investors' reports, representations and complaints;

b) Where the matter falls outside its resolution authority, within five working days the management authority of the National Investment Portal shall transfer the information, documents and accompanying records to the competent state agency for consideration and handling in accordance with the law; and shall simultaneously notify the Ministry of Justice, the local investment state management agency and relevant agencies and organizations for coordination and monitoring;

c) Monitor and consolidate the progress of resolution by competent state agencies so as to update the status and outcomes of handling of foreign investors' reports, representations and complaints on the National Investment Portal within the scope of information permitted for publication.

4. Where foreign investors submit reports, representations and complaints to the National Investment Portal, within 30 working days from receipt of documents and records transferred by the management authority of the National Investment Portal, the agency responsible for handling reports, representations and complaints shall cooperate with relevant ministries and sectors to address such reports, representations and complaints; update the status and outcomes of handling on the National Investment Portal or send updates to the management authority of the National Investment Portal for monitoring and consolidation; where a matter has not been conclusively resolved, continue to provide periodic updates or updates when new developments arise, unless otherwise provided by specialized laws.

Where there are insufficient grounds to handle foreign investors' reports, representations and complaints, the agency responsible for handling shall send a written notification to the investment state management agency. Where necessary, the investment state management agency shall request the Legal Representation Authority to assess the risk of an international investment dispute case arising and propose handling measures (if any). On the basis of consolidated opinions from the investment state management agency, the Legal Representation Authority and relevant ministries and sectors, within ten working days from receipt of complete opinions, the agency responsible for handling reports, representations and complaints shall report to the Prime Minister where the matter exceeds its authority or where all of the following indications are present:

a) The measure reported, represented or complained about by the investor shows indications of violating legal provisions, investment treaties or other commitments to foreign investors;

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

1. The management authority of the National Investment Portal shall monitor, consolidate and update the status and outcomes of handling of reports, representations and complaints on the National Investment Portal.

2. Competent state agencies, within their assigned functions and tasks, shall provide and update information and data relating to the progress in addressing foreign investors' reports, representations and complaints on the National Investment Portal.

3. The management authority of the National Investment Portal shall build a database of reports, representations and complaints, and outcomes of handling of foreign investors' reports, representations and complaints received through the National Investment Portal; carry out digitization of data and apply digital technology to consolidate and analyze trends by locality and investment sector for the purposes of early warning, risk assessment and prevention of international investment disputes.

1. Responsibilities of agencies and organizations receiving a notice of intent to submit a claim or a notice of arbitration:

a) Where the agency is the Lead Agency as provided for in Article 12 of the Resolution and Article 9 of this Decree, it shall proactively fulfill the responsibilities set out in Article 13 of the Resolution and Article 10 of this Decree; and shall simultaneously notify the Legal Representation Authority in writing within five working days from the date of receipt;

b) Where the agency is not the Lead Agency as provided for in Article 12 of the Resolution and Article 9 of this Decree, it shall notify the Lead Agency in writing, together with all documents received, or notify the Legal Representation Authority (where the Lead Agency cannot be identified) in writing within five working days from the date of receipt.

2. Responsibilities of the Legal Representation Authority upon receipt of a notice of intent to submit a claim or a notice of arbitration:

a) Where the Lead Agency can be identified as provided for in clause 1 of Article 12 of the Resolution, notify the Lead Agency in writing, together with all documents received, within seven working days from the date of receipt of all documents;

b) Report to the Prime Minister for consideration and decision on the Lead Agency on the basis of clause 2 of Article 12 of the Resolution and Article 9 of this Decree within seven working days from the date of receipt of all documents.

3. The Lead Agency shall proactively and promptly receive and handle notices of intent to submit a claim and notices of arbitration in accordance with the Resolution and this Decree so as to ensure that the resolution of international investment dispute cases is carried out in a consistent and effective manner, protecting the rights and interests of the Socialist Republic of Vietnam and limiting the arising of complex and unfavorable issues in dispute cases.

4. In the course of handling notices of intent to submit a claim as provided for in this Article, the Lead Agency shall cooperate with the Legal Representation Authority and relevant agencies, organizations and individuals to conduct negotiations, consultations or amicable settlement with the Claimant in accordance with relevant laws and international treaties with a view to resolving the dispute and minimizing the risk of international investment dispute cases arising.

5. Relevant agencies, organizations and individuals, including procedure-conducting authorities, shall proactively and promptly cooperate with the Lead Agency in handling notices of intent to submit a claim and notices of arbitration; provide complete, accurate and timely information and documents; assign personnel to participate in coordination and fulfill the requirements of the Lead Agency so as to protect the rights and interests of the Socialist Republic of Vietnam and limit the arising of complex and unfavorable issues in dispute cases.

6. The receipt and handling of notices of intent to submit a claim and notices of arbitration as provided for in this Article shall not be construed as the Socialist Republic of Vietnam acknowledging the jurisdiction of the relevant adjudicative body or accepting the substance of the notice of intent to submit a claim or notice of arbitration.

1. Where the measures challenged or subject to a threatened claim involve two or more agencies as provided for in clause 2 of Article 12 of the Resolution, the Legal Representation Authority shall propose to the Prime Minister a decision on the Lead Agency on the basis of the following criteria in order of priority among the agencies involved in the challenged or threatened measures:

a) The agency that directly has or proposes the measure most closely related to the Claimant's claims;

b) The agency that took charge of negotiating, signing or signing on behalf of the State or the Government of Vietnam contracts or agreements with the Claimant;

c) The agency with personnel having expertise most appropriate to the sector relating to the challenged or threatened measure at the time of the proposal.

2. Where the agency that directly has or proposes the challenged or threatened measure is a procedure-conducting authority, the Legal Representation Authority shall propose to the Prime Minister a decision on the Lead Agency on the basis of the following criteria in order of priority:

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

b) The agency with personnel having expertise most appropriate to the sector relating to the challenged or threatened measure at the time of the proposal.

1. Receive and handle information and documents relating to notices of intent to submit a claim and notices of arbitration.

2. Act as the focal point for communication and exchange with the Claimant and the adjudicative body.

3. Prepare estimates, manage, use and finalize state budget funds for the resolution of international investment dispute cases.

4. Take charge and cooperate with the Legal Representation Authority, the Inter-agency Working Group, legal counsel and relevant agencies, organizations and individuals to carry out all necessary tasks throughout the entire process of resolving the international investment dispute case, including:

a) Proposing the establishment of an Inter-agency Working Group or Inter-agency Steering Committee (where necessary) for resolution of the international investment dispute case;

b) Preparing and implementing the preliminary assessment and dispute resolution strategy for the international investment dispute case;

c) Appointing arbitrators;

d) Proposing, selecting or deciding on legal counsel, witnesses, experts and other organizations and individuals necessary for the resolution of the international investment dispute case;

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

e) Preparing and finalizing submissions to the adjudicative body;

g) Participating in hearings;

h) Preparing and implementing negotiation, consultation and conciliation options with the Claimant;

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

k) Proposing plans for and organizing implementation when a request for review of a judgment, award or decision of the adjudicative body is received;

l) Proposing and organizing other necessary tasks relating to the resolution of the international investment dispute case;

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

5. Act within its authority to meet procedural deadlines where agencies, organizations or individuals requested to cooperate fail to cooperate or do so incorrectly or incompletely.

6. Develop and decide on the criteria and process for selection of legal counsel according to the complexity of each specific international investment dispute case; negotiate, sign and manage legal services agreements with legal counsel at fees at prevailing market rates; authorize legal counsel to sign and submit documents and submissions in the proceedings.

7. Enable members of the Inter-agency Steering Committee and the Inter-agency Working Group to access relevant documents and information; decide on the provision of information to media and press outlets and be responsible for information security and the maintenance of state secrecy in accordance with the law.

8. Report to the Prime Minister, the Legal Representation Authority and competent state agencies on matters relating to the international investment dispute case as provided for in this Decree and when requested.

1. Act as the focal point assisting the Government and the Prime Minister in providing unified direction on the resolution of international investment disputes.

2. Fulfill the tasks set out in clause 2 of Article 8 of this Decree.

3. Provide support and advisory services to the Lead Agency on the following matters:

a) The necessity and composition of the Inter-agency Steering Committee and the Inter-agency Working Group for resolution of the international investment dispute case;

b) Legal issues in the preliminary assessment and dispute resolution strategy for the international investment dispute case;

c) Candidates and the process for appointment of arbitrators;

d) Proposals on legal counsel, witnesses, experts and other organizations and individuals necessary for the resolution of the international investment dispute case;

dd) The collection and consolidation of information, documents and evidence necessary for the resolution of the international investment dispute case;

e) Legal issues in submissions to the adjudicative body;

g) Participation in hearings;

h) Legal issues and the manner of implementing negotiation, consultation and conciliation options with the Claimant;

i) Legal issues and the manner of enforcing judgments, awards or decisions of the adjudicative body;

k) Legal issues and the manner of implementing the review of judgments, awards or decisions of the adjudicative body;

l) Other legal issues in the resolution of international investment dispute cases.

4. Develop and regularly update a list of arbitrators and a list of legal counsel for reference by the Lead Agency in the resolution of international investment dispute cases.

5. Take charge of or cooperate in training, professional development and capacity building for officials, civil servants, public employees and relevant parties on the resolution of international investment disputes based on actual needs.

1. The Prime Minister shall decide to establish an Inter-agency Steering Committee for resolution of international investment dispute cases (hereinafter referred to as the "Inter-agency Steering Committee") in accordance with the Resolution and this Decree.

2. The Chairperson of the Inter-agency Steering Committee shall be the Deputy Prime Minister responsible for the sector relating to the challenged measure at the time the Prime Minister decides to establish the Inter-agency Steering Committee. The Deputy Chairperson shall be the head of the Lead Agency. Members of the Inter-agency Steering Committee shall include representatives of the Lead Agency, the Legal Representation Authority and relevant agencies, organizations and individuals.

3. The Lead Agency shall be the standing body of the Inter-agency Steering Committee. The standing body shall organize the implementation of the directions of the Inter-agency Steering Committee and assist the Inter-agency Steering Committee in fulfilling the tasks and powers provided for in clause 4 of this Article.

4. The Inter-agency Steering Committee shall have the following tasks and powers:

a) Provide comprehensive direction throughout the process of resolving the international investment dispute case;

b) Decide on measures to address difficulties and obstacles in the resolution of the international investment dispute case;

c) Request ministries, sectors, local governments, and relevant individuals and organizations to report, provide information and documents, and assign witnesses or experts to serve the resolution of the international investment dispute case;

d) Urge, inspect and supervise the resolution and addressing of difficulties in the resolution of the international investment dispute case within its authority.

5. The Inter-agency Steering Committee shall operate on the basis of emphasizing the individual responsibility of its head; members shall carry out tasks as assigned by the Chairperson and shall be responsible for full and effective participation in the activities of the Inter-agency Steering Committee.

6. Members of the Inter-agency Steering Committee shall serve on a concurrent basis. The Inter-agency Steering Committee shall self-dissolve upon the conclusion of the international investment dispute case.

1. Based on the nature and scale of each international investment dispute case, the Lead Agency shall decide to establish an Inter-agency Working Group for resolution of international investment dispute cases (hereinafter referred to as the "Inter-agency Working Group") in accordance with the Resolution and this Decree.

2. The Head of the Inter-agency Working Group shall be a leader of the Lead Agency. Deputy Heads of the Inter-agency Working Group shall include representatives of the Ministry of Finance, the Legal Representation Authority and the procedure-conducting authority with the challenged measure (if any). Members of the Inter-agency Working Group shall include representatives of the Lead Agency, the Legal Representation Authority, the procedure-conducting authority with the challenged measure (if any), the Ministry of Finance, the Ministry of Foreign Affairs and relevant agencies, organizations and individuals.

3. The heads of relevant agencies and organizations shall assign, within the required timeframe, personnel to participate in the Inter-agency Working Group with sufficient authority and expertise appropriate to the requirements of the international investment dispute case as requested by the Lead Agency; and shall be liable for damages arising from failure to fulfill or incorrect or incomplete fulfillment of requirements in the resolution of international investment disputes.

4. The Inter-agency Working Group shall cooperate with the Lead Agency to carry out the tasks provided for in clause 4 of Article 10 of this Decree.

5. Members of the Inter-agency Working Group shall carry out tasks as assigned by the Head; shall have full access to information, documents and records relating to the international investment dispute case in accordance with their assigned tasks, unless otherwise provided by the law on protection of state secrets; and shall be responsible for full and effective participation in the activities of the Inter-agency Working Group.

6. Members of the Inter-agency Working Group shall serve on a concurrent basis. The Inter-agency Working Group shall self-dissolve upon the conclusion of the international investment dispute case.

1. Within 15 working days from receipt of a notice of intent to submit a claim or a notice of arbitration, the Lead Agency shall cooperate with the Legal Representation Authority, the Inter-agency Working Group (if any), legal counsel (if any) and relevant agencies, organizations and individuals to prepare a preliminary assessment of the international investment dispute case for submission to the Prime Minister for consideration and decision.

2. The preliminary assessment of the international investment dispute case shall include the following key elements:

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

b) A preliminary assessment of the case;

c) Proposals on the engagement of legal counsel and appointment of arbitrators;

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

dd) Relevant comments and recommendations.

3. The preliminary assessment of the international investment dispute case shall be maintained in accordance with the regulations on protection of state secrets.

1. Within 20 working days from receipt of the statement of claim from the Claimant, the Lead Agency shall cooperate with the Legal Representation Authority, the Inter-agency Working Group (if any), legal counsel (if any) and relevant agencies, organizations and individuals to prepare a dispute resolution strategy for the international investment dispute case, report to the Inter-agency Steering Committee (if any), and submit to the Prime Minister for approval.

2. The dispute resolution strategy shall include the following key elements:

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

b) An analysis of Vietnam's strengths and weaknesses;

c) A summary of the proceedings of the international investment dispute case and the tasks of the Lead Agency and relevant agencies, organizations and individuals at each stage of the proceedings;

d) The selection and engagement of legal counsel and appointment of arbitrators;

dd) The impact on the state budget, national defense and national security;

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

g) Relevant comments and recommendations.

3. The Prime Minister shall approve the dispute resolution strategy for the international investment dispute case within seven working days from receipt of the Lead Agency's proposal.

4. The Lead Agency, in cooperation with the Legal Representation Authority, the Inter-agency Working Group (if any), legal counsel (if any) and relevant agencies, organizations and individuals, may propose amendments to the dispute resolution strategy for the international investment dispute case where necessary, for submission to the Prime Minister for approval.

5. The dispute resolution strategy for the international investment dispute case shall be maintained in accordance with the regulations on protection of state secrets.

1. At any point during the resolution of the international investment dispute case, where considered appropriate, the Lead Agency shall propose the conduct of amicable settlement in accordance with Article 16 of the Resolution.

2. When conducting amicable settlement in accordance with Article 16 of the Resolution, the Lead Agency shall cooperate with the Legal Representation Authority, the Ministry of Finance, the Ministry of Foreign Affairs and relevant agencies, organizations and individuals to prepare a settlement proposal including the following key elements:

a) A summary of the case and the relevant legal basis;

b) An analysis of Vietnam's strengths and weaknesses;

c) Specific amicable settlement measures;

d) The agencies, organizations and individuals responsible for implementing the settlement measures;

dd) Relevant comments and recommendations.

1. Agencies, organizations and individuals, when requested, shall provide complete and timely information and documents and assign witnesses to serve the resolution of the international investment dispute case within the deadlines required by the Lead Agency.

2. Relevant agencies, organizations and individuals shall be responsible for the accuracy, authenticity and lawfulness of the information and documents provided and the witnesses assigned at the request of the Lead Agency.

3. Agencies, organizations and individuals participating in the collection and provision of information, documents and evidence and witnesses in the course of resolving international investment disputes shall maintain confidentiality of all information, documents and evidence obtained in accordance with the law on protection of state secrets and procedural requirements.

4. The heads of relevant agencies and organizations shall be liable for damages arising in international investment dispute cases in the event of non-compliance with the provisions of clauses 1 and 2 of this Article.

1. The Lead Agency shall cooperate with the Legal Representation Authority, the Inter-agency Working Group, legal counsel and relevant agencies, organizations and individuals to prepare and finalize submissions in accordance with the proceedings of the international investment dispute case.

2. Relevant agencies, organizations and individuals receiving requests for cooperation from the Lead Agency shall ensure that such cooperation is correct, complete and timely, meeting the procedural requirements.

3. The Lead Agency shall decide on the substance of submissions to meet procedural deadlines and maintain consistency of position throughout the entire process of resolving the international investment dispute case.

1. The Lead Agency shall cooperate with the Legal Representation Authority, the Inter-agency Working Group, legal counsel and relevant agencies, organizations and individuals to proactively prepare the substance and decide on the composition of participants in hearings before the adjudicative body, ensuring that procedural deadlines are met; and shall report to the Prime Minister where necessary.

2. Procedure-conducting authorities shall assign representatives to participate in hearings where the international investment dispute case involves a challenged measure of the procedure-conducting authority and at the request of the Lead Agency.

1. Within 15 working days from receipt of a judgment, award or decision of the adjudicative body, the Lead Agency shall cooperate with the Legal Representation Authority, the Inter-agency Working Group, legal counsel and relevant agencies, organizations and individuals to report to the Prime Minister for a decision on an enforcement plan, including the timing, substance and agencies, organizations and individuals responsible for enforcement.

2. The Lead Agency shall cooperate with the Ministry of Foreign Affairs, the Legal Representation Authority, competent state agencies, legal counsel and relevant agencies, organizations and individuals to carry out procedures for recognition and enforcement in Vietnam or abroad of judgments, awards or decisions of the adjudicative body in accordance with the plan approved by the Prime Minister.

3. Where a judgment, award or decision of the adjudicative body determines that a Vietnamese agency has a financial obligation to the Claimant, the Lead Agency shall cooperate with the finance agency at the same level to prepare a payment plan, submit it to the competent authority for approval and ensure enforcement in accordance with the judgment, award or decision.

4. Where a judgment, award or decision requires a Vietnamese state agency to apply measures other than those referred to in clause 3 of this Article, the Lead Agency shall cooperate with the competent authority to prepare a plan and organize enforcement.

1. Where, following the issuance of a judgment, award or decision of the adjudicative body, the Claimant requests annulment or review of the judgment, award or decision or initiates similar procedures before a competent adjudicative body, the Lead Agency shall carry out the following tasks:

a) Notify the Legal Representation Authority and the Inter-agency Working Group within three working days from receipt of the request for review;

b) Decide whether to continue engaging the legal counsel previously retained in the international investment dispute case or to select and conclude an agreement with other legal counsel;

c) Cooperate with the Legal Representation Authority, the Inter-agency Working Group, legal counsel and relevant agencies, organizations and individuals to assess the nature and scope of the arising proceedings, the enforcement of the judgment, award or decision of the international investment dispute case and prepare a handling plan; and report to the Prime Minister for consideration and decision.

2. Where, following the issuance of a judgment, award or decision of the adjudicative body, a Vietnamese state agency requests review of the judgment, award or decision of the adjudicative body, the Lead Agency shall carry out the following tasks:

a) Decide whether to continue engaging the legal counsel previously retained in the international investment dispute case or to select and conclude an agreement with other legal counsel;

b) Cooperate with the Legal Representation Authority, the Inter-agency Working Group, legal counsel and relevant agencies, organizations and individuals to propose an implementation plan and report to the Prime Minister for consideration and decision;

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

Upon the conclusion of an international investment dispute case, the Lead Agency shall cooperate with the Legal Representation Authority, the Inter-agency Working Group, legal counsel and relevant agencies, organizations and individuals to organize a review and evaluation, draw lessons learned from the international investment dispute case and report to the Prime Minister.

1. The state budget shall cover the costs of carrying out the tasks and activities for prevention and resolution of international investment disputes as provided for in points a and b of clause 1 of Article 17 of the Resolution, including:

a) Expenditure on legal proceedings in international investment dispute cases;

b) Expenditure on consultation with domestic and international experts;

c) Expenditure on engagement of legal counsel;

d) Expenditure on witnesses;

dd) Expenditure on domestic and overseas business travel for the prevention and resolution of international investment disputes;

e) Expenditure on enforcement of settlement agreements and judgments, awards or decisions of the adjudicative body;

g) Expenditure on access to software, databases and direct procurement of domestic and international databases for the prevention and resolution of international investment disputes;

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

i) Expenditure on other activities for the prevention and resolution of international investment disputes.

2. The heads of the Lead Agency, the Legal Representation Authority and the agencies carrying out the assigned tasks and activities shall have the right to autonomously decide and adjust expenditure items within the state budget allocated for the tasks and activities provided for in clause 1 of this Article in accordance with the law on the state budget; shall be personally liable under the law for their decisions; and shall fully carry out accounting, inspection, supervision and finalization requirements in accordance with regulations, ensuring transparency and being subject to ex-post audit by competent authorities.

1. Expenditure in accordance with current regulations shall apply to the following items:

a) Business travel expenditure for the prevention and resolution of international investment disputes; business travel expenditure for witnesses who are officials, civil servants, public employees or workers receiving salaries from the state budget;

b) Expenditure for witnesses who are Vietnamese and do not receive salaries from the state budget for domestic or overseas business travel, at the same rate as the business travel allowance for state officials and civil servants on domestic or short-term overseas business travel, corresponding to each case;

c) Expenditure on other activities for the prevention and resolution of international investment disputes, excluding those provided for in clause 2 of this Article.

2. Expenditure on an actual basis shall apply to the following items:

a) Expenditure on legal proceedings in international investment dispute cases in accordance with cost notifications from the adjudicative body, case administration body, organizations selected by the adjudicative body or the disputing parties to support the implementation of procedural steps, or other competent authorities;

b) Expenditure on consultation with and engagement of domestic and international experts, paid in accordance with agreements concluded between the Lead Agency or legal counsel and the experts;

c) Expenditure on engagement of legal counsel, paid in accordance with agreements concluded between the Lead Agency and legal counsel;

d) Expenditure for witnesses who are foreigners: travel, accommodation and meal costs paid in accordance with agreements concluded between legal counsel and the witnesses;

dd) Compensation for loss of income for witnesses who do not receive salaries from the state budget during the period of service in the resolution of the international investment dispute case: the head of the Lead Agency shall consider and decide on the basis of confirmation by the organization where the witness works of the amount of income lost;

e) Expenditure on enforcement of settlement agreements in accordance with the terms of the settlement agreement; expenditure on enforcement of judgments, awards or decisions of the adjudicative body in accordance with the terms of the judgment, award or decision;

g) Expenditure on access to software, databases and direct procurement of domestic and international databases for the prevention and resolution of international investment disputes, in accordance with notifications from service providers;

h) Expenditure on organizing international conferences and seminars in accordance with international standards and practices for the prevention and resolution of international investment disputes, in accordance with decisions of the competent authority permitting the organization of conferences and seminars, as for international conferences organized on a rotating basis.

1. State budget funds for the prevention and resolution of international investment disputes shall be managed in accordance with points a and b of clause 1 and clause 2 of Article 17 of the Resolution.

2. The budgeting, management, use and finalization of state budget funds for the prevention and resolution of international investment disputes shall be carried out in accordance with the law on the state budget, accounting, public investment, science, technology and innovation, digital technology industry, relevant laws and the following provisions:

a) Funds for carrying out legal representation tasks for the Government shall be allocated within the annual operating budget of the Ministry of Justice.

b) Funds for carrying out tasks for the prevention and resolution of international investment disputes shall be allocated within the annual budget estimates of agencies and organizations assigned to take charge of the prevention and resolution of international investment disputes.

c) State budget funds for the prevention and resolution of international investment disputes shall be consolidated into annual budget finalization in accordance with the law on the state budget.

3. For the direct procurement of domestic and international databases for the prevention and resolution of international investment disputes, the head of the procuring agency or unit shall be responsible for deciding on the procurement, ensuring economy and efficiency, and shall be personally liable for their decisions without being required to prepare, appraise or approve a contractor selection plan or package cost estimate, or conclude a contract with the supplier, but shall ensure compliance with invoice and supporting document requirements in accordance with the law.

4. The Lead Agency shall pay directly the costs provided for in clause 2 of Article 24 of this Decree to the relevant parties or through legal counsel on the basis of appropriate invoices and supporting documents and the agreement with legal counsel.

1. The monthly allowance as provided for in clauses 2, 3 and 4 of Article 18 of the Resolution shall be covered by the state budget and paid by the managing agency of the recipient together with the salary payment. This allowance shall not be used as a basis for calculating contributions to and entitlements under compulsory social insurance, health insurance or unemployment insurance.

2. Personnel in positions responsible for the prevention and resolution of international investment disputes at ministries, sectors and local governments shall be entitled to a monthly allowance equivalent to 100% of their current salary coefficient-based salary (excluding allowances) as provided for in clause 2 of Article 18 of the Resolution. The head of the agency with positions responsible for the prevention and resolution of international investment disputes shall decide on the list of personnel entitled to the allowance under this clause.

3. Personnel directly participating in the resolution of international investment dispute cases at the Lead Agency and the Legal Representation Authority shall be entitled to a monthly allowance equivalent to 300% of their current salary coefficient-based salary (excluding allowances) for the period of direct participation in the resolution of the international investment dispute case.

4. Personnel participating in the Inter-agency Working Group shall be entitled to an additional monthly allowance equivalent to 100% of their current salary coefficient-based salary (excluding allowances) as provided for in clause 4 of Article 18 of the Resolution. The head of the agency assigning personnel to participate in the Inter-agency Working Group shall decide on the list of personnel entitled to the allowance, commensurate with the level of participation and the duration of entitlement (the actual period of direct participation in the resolution of the case), within the timeframe set out in clause 5 of this Article.

5. The period for calculation of the allowance under clauses 3 and 4 of this Article shall be determined by month, specifically as follows:

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

b) End date: the date on which the adjudicative body renders the final judgment, award or decision on the resolution of the international investment dispute case.

6. The heads of the Lead Agency and the Legal Representation Authority shall decide on the list of personnel entitled to the allowance under clause 3 of this Article and the specific duration of entitlement, commensurate with the level of participation of the recipient, including:

a) Personnel directly participating in the resolution of the international investment dispute case are those carrying out the tasks provided for in Article 10 (excluding clause 3) or clause 3 of Article 11 of this Decree;

b) The duration of entitlement is the actual period of direct participation in the resolution of the case, within the timeframe set out in clause 5 of this Article.

7. The heads of the Lead Agency, the Legal Representation Authority and the agencies assigning personnel to participate in the Inter-agency Working Group shall be responsible for the accuracy and reasonableness of the identification of personnel and the duration of entitlement to the allowance provided for in this Article.

8. Agencies with personnel entitled to the policies provided for in this Article shall be responsible for preparing budget estimates and submitting them to competent authorities for budget allocation in accordance with the law on the state budget.

1. International investment dispute cases arising before May 1, 2026 for which no final judgment, award or decision of the adjudicative body has been rendered shall continue to be resolved in accordance with this Decree.

2. Reports, representations and complaints, notices of intent to submit a claim and notices of arbitration submitted before the effective date of this Decree that are in the process of being handled shall continue to be handled in accordance with this Decree.

3. Legal services agreements concluded before the effective date of this Decree shall continue to be performed in accordance with the terms of the concluded legal services agreements. Where the parties need to amend or supplement or conclude new agreements from the effective date of this Decree, the provisions of this Decree shall apply.

4. Funds for carrying out tasks for the prevention and resolution of international investment disputes (including monthly allowances as provided for in clauses 2, 3 and 4 of Article 18 of the Resolution) from May 1, 2026 shall be managed in accordance with this Decree. Funds for carrying out tasks for the prevention and resolution of international investment disputes in 2026 shall be allocated within the approved state budget estimates; where additional expenditure arises outside the estimates, ministries, ministerial agencies, other central agencies and local governments shall proactively follow the procedures for preparing supplementary budget estimates in accordance with the law on the state budget.

1. This Decree comes into force as of August 17, 2026.

2. State agencies, organizations authorized by state agencies to perform state management functions, state-owned enterprises and subsidiaries of state-owned enterprises may apply the provisions of Chapter III, Articles 23, 24 and 27 of this Decree in the course of resolving international disputes to protect the rights and interests of the Vietnamese State as provided for in clause 2 of Article 20 of the Resolution.

1. The Ministry of Justice shall monitor and urge the organization of implementation of this Decree; take charge of addressing or proposing to competent authorities for addressing difficulties and obstacles arising in the course of implementation of Chapter III and Chapter IV of this Decree.

2. The Ministry of Finance shall take charge of addressing or proposing to competent authorities for addressing difficulties and obstacles arising in the course of implementation of Chapter II of this Decree.

3. Ministers, heads of ministerial agencies, Chairpersons of province-level People's Committees and other relevant organizations and individuals shall be responsible for the implementation of this Decree.