On the morning of March 19, continuing the 55th Session, the National Assembly Standing Committee gave opinions on the draft Resolution on coordination mechanisms and specific policies to improve the effectiveness of preventing and resolving international investment disputes.
Presenting a summary report on the draft Resolution, Minister of Justice Nguyen Hai Ninh said that the Resolution stipulates coordination mechanisms and specific policies to ensure resources for preventing and resolving international investment disputes; organization and operation of the Center for Prevention and Settlement of International Investment Disputes.
Regarding the content of coordination in preventing international investment disputes, the Resolution stipulates coordination in advising and proposing the promulgation of policies and laws, signing and approving international commitments, promoting foreign investment attraction; resolving reflections, petitions, and complaints of foreign investors promptly, uniformly, within their authority, in accordance with international law and treaties...
Regarding the content of coordination in resolving international investment disputes, the Resolution identifies the presiding agency and clearly defines the tasks, powers, and responsibilities of coordination in resolving international investment disputes.
In which, the presiding agency is the focal point for management, coordination and comprehensive responsibility. The legal representative agency will provide professional support, build a list of experts, train to improve capacity, advise and coordinate the implementation of strategies...
Minister of Justice Nguyen Hai Ninh said that the funding for organizing the implementation of the Resolution is guaranteed from the state budget and other legally mobilized funds according to legal regulations.
Presenting the Summary Report on the appraisal of the draft Resolution, Chairman of the National Assembly's Economic and Finance Committee Phan Van Mai said that the dossier of the Resolution is eligible to be submitted to the National Assembly Standing Committee for consideration and comments.
It is proposed to review and revise, not to re-regulate the contents already stipulated in current laws and resolutions, but only to maintain truly specific and necessary mechanisms and policies under the authority of the National Assembly" - Chairman of the Economic and Finance Committee Phan Van Mai proposed.
The Chairman of the Economic and Financial Committee proposed to study and report to competent authorities on the contents of establishing an International Investment Dispute Prevention and Settlement Center.
At the same time, there are regimes and policies for people working in preventing and resolving international investment disputes and mechanisms and policies in the draft Resolution that have contents that are not consistent with the Law on Protection of State Secrets.
Mr. Phan Van Mai said that according to current regulations, the Ministry of Justice is the legal representative agency of the Government in resolving international investment disputes.
The Center for Prevention and Settlement of International Investment Disputes is a non-business unit under the Ministry of Justice. Therefore, many opinions suggested considering specifying the tasks, powers and operating mechanism of the Center right in the Resolution.
In necessary cases, only general principles should be stipulated and detailed regulations should be assigned to the Government, ensuring compliance with functions, tasks and flexibility in implementation organization.
Regarding specific policies for personnel working in prevention and resolution of international investment disputes, the draft Resolution is currently designing a financial and personnel mechanism at a high specific level.
The Economic and Financial Committee proposed to review to ensure correspondence between functions and tasks and special mechanisms.
