Hanoi (VNA) – The National Assembly (NA) Standing Committee continued its 55th session on March 19 with discussions on a draft NA resolution introducing coordination mechanisms and special policies to improve the prevention and resolution of international investment disputes.
Special, breakthrough mechanism deemed necessary
Presenting the draft, Minister of Justice Nguyen Hai Ninh said the resolution comprises six chapters and 22 articles, establishing coordination mechanisms, resource guarantees, and operational arrangements for a centre for international investment dispute prevention and settlement. The initiative aims to address growing shortcomings as disputes become more frequent, high-value, and potentially harmful to both the economy and investment environment without effective coordination.
The draft proposes preferential policies to attract high-quality personnel. Officials working at the centre can receive additional monthly allowances equal to 100% of their salary, rising to up to 300% while directly handling cases. Salaries for hired experts will align with market rates but be capped at 100 times the statutory base salary.
Presenting the preliminary appraisal, Chairman of the NA Committee for Economic and Financial Affairs Phan Van Mai said most opinions supported adopting the resolution under a fast-track procedure to institutionalise Party guidelines and strengthen early-warning capacity to safeguard national interests. However, the reviewing body recommended avoiding duplication of provisions already covered by existing laws and reassessing the proposal to assign the sued agency as the “lead body,” which could weaken objectivity. Greater coordination authority should instead be given to the Legal Representative Agency, while incentive mechanisms should be carefully reviewed to prevent imbalances in the public sector.
Prevention-focused approach emphasised
NA Standing Committee members broadly agreed on the resolution’s necessity but called for stronger preventive frameworks.
NA Vice Chairman Tran Quang Phuong urged the design of a robust legal framework to minimise conflicts of law involving foreign investment and establish clear early-warning mechanisms. Ministries and localities should be required to conduct risk assessments for FDI projects, prioritising negotiation and mediation to reduce costs and avoid escalation to international arbitration. He stressed that the proposed centre should focus on early warning and litigation support rather than adjudication functions.
Echoing this view, Chairman of the NA Committee for Legal and Judicial Affairs Hoang Thanh Tung proposed mandatory risk assessments for investment contracts and clearer procedures for handling initial complaints professionally and centrally. He also questioned whether provincial authorities would have sufficient capacity to act as lead agencies in complex international disputes, recommending closer alignment with the Legal Representative Agency and investment management authorities.
Responding to comments, Minister Ninh said the proposed incentives address severe talent shortages, noting that about half of officials with international legal expertise had moved to the private sector due to large income gaps. The drafting body will revise provisions to ensure judicial agencies are not assigned as lead bodies, preserving institutional independence.
Concluding the discussion, NA Vice Chairman Vu Hong Thanh stated that the draft resolution is ready for submission to the NA for approval under expedited procedures at the first session of the 16th legislature. The Standing Committee requested further review to strengthen early-prevention mechanisms and clarify the strategic coordination role of the Legal Representative Agency to ensure unified and efficient use of state resources in handling international investment disputes./.
Draft law seeks to expand role, authority of overseas missions
Foreign Minister Le Hoai Trung said the draft aims to address practical shortcomings, institutionalise new Party and State policies, and enhance the professionalism and effectiveness of overseas missions in line with decentralisation, delegation of power, and modern diplomacy goals.
