Regarding investment protection

The two sides undertake to grant national treatment and most favored nation treatment to the investment of the other Party's investors, with a number of exceptions, as well as fair, adequate, safe and adequate treatment. sufficient, permitting the freedom to transfer capital and profits from investment abroad, undertaking not to expropriate, nationalizing investors' assets without adequate compensation, undertaking to compensate for damages appropriately for The other party's investor is the same as a domestic investor or a third party in case of damage caused by war, riot, etc.

Regarding the dispute settlement mechanism between investors and the State

In the event of a dispute arising between a Party and an investor of the other Party, the two parties agree to prioritize the settlement of the dispute in good faith through negotiation and conciliation.

In case the dispute cannot be resolved through consultation and mediation, the dispute settlement mechanism specified in this Agreement can be used. Accordingly, Vietnam and the EU agreed to establish a permanent dispute settlement mechanism consisting of two levels, namely first instance (with 09 members) and appeals (with 06 members). Members of this investment dispute settlement mechanism are appointed by the EVFTA Trade Commission, operating for a regular term of 4 years and can be appointed for one additional term, enjoying maintenance fees by the Parties. Payment Agreement.

The judgment of the appellate body and the preliminary arbitral tribunal's ruling if not appealed within 90 days from the date of its issuance is considered the final verdict, the disputing parties no longer have the right to appeal. The two sides will recognize the final judgment with the same validity as their own court ruling. For Vietnam, this provision will take effect 5 years after the date of entry into force of the Agreement or a longer period agreed by the Trade Commission. Execution of the award is carried out in accordance with the laws of the country where the award is enforced.

The two sides agreed that if they both join in an Agreement establishing an investment multilateral dispute settlement mechanism or an investment multilateral appellate mechanism, the implementation of the system of dispute settlement agencies may be terminated. to accept bilateral investment under this Agreement.