Decision No. 14/2020/QD-TTg on the Regulation on Coordination in Resolving International Investment Disputes

Pursuant to …;
Issuing the Regulation on Coordination in Resolving International Investment Disputes

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

On the basis of the Investment Law dated November 26, 2014;

Pursuant to Decree No. 96/2017/NĐ-CP dated August 16, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;

At the proposal of the Minister of Justice;

The Prime Minister issues this Decision on the Regulation on Coordination in Resolving International Investment Disputes.

Article 1. This Decision promulgates the Regulation on Coordination in Resolving International Investment Disputes.

Article 2. This Decision takes effect from June 1, 2020 and replaces Decision No. 04/2014/QĐ-TTg dated January 14, 2014 of the Prime Minister on the issuance of the Regulation on Coordination in Resolving International Investment Disputes.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central government shall be responsible for implementing this Decision.

REGULATIONS

Coordination in Resolving International Investment Disputes

(Annexed to Decision No. 14/2020/QĐ-TTg dated April 8, 2020 of the Prime Minister)

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Regulation stipulates principles, tasks, powers, and procedures for coordination among state agencies, organizations, and individuals related to resolving international investment disputes at international arbitration or other non-Vietnamese judicial bodies (hereinafter referred to as international arbitration). This Regulation does not apply to the resolution of investment complaints and lawsuits resolved at arbitration, courts, or Vietnamese agencies and organizations according to Vietnamese law.

Article 2. This Regulation applies to state agencies, organizations, and individuals related to resolving international investment disputes at international arbitration.

Article 2. Interpretation of Terms

Clause 1. International investment dispute means a dispute arising from foreign investors suing the Government, the State of Vietnam, or state agencies, organizations authorized by state agencies to perform state management functions (hereinafter collectively referred to as state agencies) in any of the following cases:

Point a. An investment protection agreement, trade agreement, or other international treaty to which Vietnam is a party (hereinafter collectively referred to as investment agreement), which provides for the resolution of international investment disputes at international arbitration;

Point b. Contracts or agreements between Vietnamese state agencies and foreign investors, which provide that the dispute resolution body arising from such contracts or agreements is international arbitration.

Clause 2. Foreign investor means an organization or individual meeting the criteria of a foreign investor under relevant investment agreements to which Vietnam is a party.

Clause 3. Leading agency means the agency determined in Article 5 of this Regulation.

Clause 4. Legal representative for the Government is the Ministry of Justice.

Clause 5. Challenged measure means an act, decision, or measure taken by a state agency that a foreign investor believes violates an investment agreement, contract, or agreement.

Clause 6. Related agencies, organizations, and individuals mean state agencies, organizations, and individuals involved in resolving international investment disputes and invited or required by the leading agency to participate in resolving specific international investment disputes.

Clause 7. Inter-ministerial working group means the working group established by the leading agency, comprising representatives of several ministries and agencies with the task of advising the leading agency during the process of resolving specific international investment disputes.

Clause 8. Witness means a person who knows about the circumstances related to the international investment dispute case.

Article 3. Principles of Cooperation

Article 2. The leading agency, the legal representative for the Government, and related agencies, organizations, and individuals shall be responsible for fully, effectively, and promptly coordinating in resolving international investment disputes in accordance with this Regulation and Vietnamese law to maximize the legitimate rights and interests of the Government of Vietnam and Vietnamese state agencies.

Clause 2. The leading agency, the legal representative for the Government, and related agencies, organizations, and individuals shall be responsible for maintaining state secrets and confidential information and documents obtained during the process of resolving international investment disputes in compliance with international arbitration procedures and Vietnamese law.

Clause 3. The leading agency, the legal representative for the Government, and related agencies, organizations, and individuals shall be liable under the law for the consequences resulting from failure to coordinate or improper coordination with the principles set forth in this Article.

Article 4. Content of Cooperation

1. Exchange of information and documents between relevant agencies during the process of handling complaints, denunciations, and difficulties faced by foreign investors to prevent international investment disputes.

2. Cooperation in resolving international investment disputes

a) Appointing persons with sufficient capacity from their own agency or organization to participate in the Inter-ministerial Task Force for Resolving International Investment Disputes when requested by the leading agency.

b) Participating in negotiations and mediation of international investment disputes.

c) Developing and implementing strategies, timelines, and steps for resolving international investment dispute cases.

d) Collecting and providing information, files, evidence, and documents to serve the resolution of international investment disputes.

đ) Handling matters related to arbitral awards and decisions of international tribunals.

e) Performing other tasks in resolving international investment disputes.

Article 5. Leading Agency

1. The leading agency is a ministry, ministerial-level agency, agency under the Government, or People's Committee of a province or centrally governed city (hereinafter referred to collectively as the Provincial People's Committee) that has measures being sued or threatened to be sued, except in the cases provided for in Clause 2, Clause 3, and Clause 4 of this Article.

In the case of international investment disputes involving measures being sued by two or more ministries, ministerial-level agencies, agencies under the Government, or Provincial People's Committees, these agencies must agree on the leading agency within five working days from the date of receipt of the notice of intention to initiate litigation.

If they cannot agree on the leading agency, the agency receiving the notice of intention to initiate litigation shall notify the legal representative agency for the Government to report to the Prime Minister to decide on the leading agency based on the principle that the leading agency is the one most closely related to the measure being sued and has the most appropriate capacity to resolve the international investment dispute.

2. A ministry, ministerial-level agency, agency under the Government, or Provincial People's Committee that leads negotiations, signs, or represents the State and Government of Vietnam in signing contracts, agreements, or commitments with foreign investors is the leading agency for resolving international investment disputes arising from those contracts, agreements, or commitments.

3. The Ministry of Finance is the leading agency for resolving international investment disputes arising when foreign investors sue the State and Government of Vietnam related to government loans or debts, or loans or debts guaranteed by the government according to the laws on public debt management; international investment disputes related to the application of financial and tax laws.

4. In the case of complex international investment disputes seriously affecting diplomatic relations, national security, or defense, the Ministry of Justice reports to the Prime Minister to decide on the leading agency.

Article 6. Tasks and Authorities of the Leading Agency

1. Receiving and processing information and documents related to requests for negotiation and litigation by foreign investors.

2. Leading the organization of negotiations with foreign investors according to commitments made with foreign investors or Vietnam's international commitments.

3. Serving as the point of contact and exchange with foreign investors initiating litigation and with international tribunals resolving international investment disputes.

4. Leading and coordinating with the legal representative agency for the Government and related agencies and organizations during the process of resolving international investment disputes.

5. Leading and coordinating with the legal representative agency for the Government and related agencies and organizations in developing strategies, timelines, and steps for resolving international investment dispute cases.

6. Leading and coordinating with the legal representative agency for the Government and related agencies and organizations in appointing arbitrators.

7. Leading and coordinating with the legal representative agency for the Government in deciding on the selection, negotiation, signing, and management of contracts for hiring law firms (hereinafter collectively referred to as lawyers) to resolve international investment disputes, inviting witnesses, and hiring experts based on the lawyer's proposal.

8. Leading and coordinating with related agencies and organizations in handling issues related to international investment disputes.

9. Participating in the hearings of international tribunals.

10. Leading the organization of mediation and negotiations with foreign investors in accordance with the provisions of this Regulation.

11. Leading and coordinating with state agencies to implement arbitral awards and decisions of international tribunals.

12. Creating conditions for members of the Inter-ministerial Task Force to access relevant documents and information; deciding to provide information to news agencies and the press; and bearing responsibility for information security and ensuring state secrets in accordance with the law.

13. Reporting to the Prime Minister, the legal representative agency for the Government, and competent state agencies about issues related to international investment disputes in accordance with this Regulation, legal provisions, and when requested by the Prime Minister.

14. Issuing appropriate rules and internal regulations for resolving specific international investment disputes based on this Regulation and related laws.

15. Signing documents sent to international tribunals notifying the law firm representing the Government.

Article 7. Tasks and Authorities of the Legal Representative Agency for the Government

1. Serve as the focal point to assist the Government and the Prime Minister in directing the unified handling of international investment disputes.

2. Develop and update lists of legal experts who may serve as arbitrators and organizations practicing law that may act as lawyers for state agencies in resolving international investment disputes.

3. Train and enhance the capacity of officials from ministries, sectors, and localities in preventing and resolving international investment disputes.

4. Coordinate and support the leading agency when requested with the following tasks:

a) Provide legal advice on issues related to resolving international investment disputes;

b) Hire lawyers, appoint arbitrators;

c) Develop and implement strategies, timelines, and steps for resolving specific international investment dispute cases;

d) Participate in hearings of international investment dispute cases;

d) Appoint representatives to join the Interagency Working Group;

e) Implement arbitral awards and decisions.

Article 8. Tasks and Authorities of Related Agencies, Organizations, and Individuals

Related agencies, organizations, and individuals have the following tasks and authorities:

1. Provide complete, effective, timely, and accurate information, files, evidence, documents, and opinions on relevant matters at the request of the leading agency and/or the Legal Representative Agency for the Government; in special cases where provision is not possible, the reasons must be clearly stated;

2. Appoint members to join the Interagency Working Group according to the requirements of the leading agency;

3. Maintain confidentiality of information and documents and state secrets obtained during the resolution of disputes;

4. Effectively coordinate with the leading agency and the Legal Representative Agency for the Government in resolving international investment disputes in accordance with the requirements of the leading agency and the Legal Representative Agency for the Government, consistent with their professional expertise or specialized management fields.

Chapter II
COORDINATION DURING THE RESOLUTION OF COMPLAINTS,
AND FOREIGN INVESTOR CLAIMS

Article 9. Handling Complaints, Claims, and Obstacles of Foreign Investors

1. The resolution of complaints, claims, and obstacles of foreign investors shall be carried out in accordance with the provisions of the law on complaints and claims, commitments with foreign investors, and relevant international commitments of Vietnam.

2. In cases where state agencies or organizations receive information about complaints, claims, or obstacles of foreign investors but lack jurisdiction to resolve them, such agencies or organizations must guide foreign investors to submit their complaints to the competent authority and notify this to the competent authority.

Article 10. Coordination Responsibilities of the Dispute Resolution Agency

Where it is not possible to resolve complaints, claims, and obstacles of foreign investors as stipulated in Article 9 of this Regulation, the dispute resolution agency, in coordination with the Legal Representative Agency for the Government, shall propose solutions to handle and prevent international investment disputes and report to the Prime Minister if there are sufficient indications as follows:

1. The measures taken by the investor in complaints, claims, or obstacles indicate a violation of the law, investment agreement, or other commitments with foreign investors;

2. There is a potential for the initiation of an international investment dispute lawsuit.

Chapter III
COORDINATION IN RESOLVING DISPUTES
WITH FOREIGN INVESTORS

Article 11. Obligation to Negotiate with Foreign Investors

The leading agency determined under Article 5 of this Regulation, upon receiving a request for negotiation or notice of intent to initiate proceedings from a foreign investor related to disputes or disagreements in foreign investment activities in Vietnam, must immediately coordinate with the government's legal representative agency to lead the negotiations and report the results of the negotiations to the Prime Minister.

Article 12. Receiving Information and Documents on International Investment Disputes

1. The leading agency shall be responsible for receiving notices of intent to initiate proceedings, arbitration notifications, or similar notifications from foreign investors regarding the initiation of proceedings for international investment disputes at international arbitration.

2. If a state agency, organization, or individual that is not the leading agency receives a notice of intent to initiate proceedings, an arbitration notification, or a similar notification from a foreign investor regarding the initiation of proceedings for international investment disputes at international arbitration, they must notify in writing along with a copy of all received information and documents within three working days from the date of receipt to the leading agency or their immediate superior agency, or the government's legal representative agency if the leading agency cannot be identified according to Article 5 of this Regulation.

3. Within three working days from the date of receiving a written notice or notice from another source, the government's legal representative agency must send a written notice along with a copy of all received files to the leading agency or submit to the Prime Minister for determination of the leading agency according to Article 5 of this Regulation.

Article 13. Notification of Foreign Investor Initiating Proceedings and Request for Provision of Information, Files, Evidence, and Documents to Resolve International Investment Disputes

1. Within five working days from the date of receiving a notice of intent to initiate proceedings or an arbitration notification or a similar notification from a foreign investor regarding the initiation of proceedings for international investment disputes at international arbitration, the leading agency must notify in writing along with relevant information and documents to the government's legal representative agency.

2. The contents of the notice under Clause 1 of this Article include:

a) Name and nationality of the foreign investor;

b) Grounds for initiating proceedings and measures being challenged;

c) International arbitration body resolving the international investment dispute;

d) Circumstances of the international investment dispute;

e) Requests of the foreign investor;

f) Preliminary assessment of the international investment dispute;

g) Names of state agencies, organizations, or individuals requested or required to cooperate and the information, files, evidence, and documents needed to be provided to assist in resolving the international investment dispute;

h) Other necessary contents for resolving the international investment dispute.

3. State agencies, organizations, or individuals requested to cooperate under Clause 2 of this Article must respond in writing and provide complete and accurate information, files, evidence, and documents within five working days from the date of receipt of the request from the leading agency.

4. In cases where additional information, files, evidence, and documents are required, the leading agency may request relevant agencies, organizations, or individuals to provide such information and documents and assign personnel to participate in the inter-ministerial task force to resolve international investment disputes.

Relevant agencies, organizations, or individuals have the responsibility to provide additional information, files, evidence, and documents and assign personnel to participate in the inter-ministerial task force according to the leading agency's requirements within five working days from the date of receipt of the request.

5. In cases where it is objectively impossible to meet the five-working-day deadline set out in Clauses 3 and 4 of this Article, relevant agencies, organizations, or individuals must inform the leading agency again, clearly stating the reasons and the earliest possible completion date.

Article 14. Building a strategy for resolving international investment disputes

1. Upon receiving notice of intention to sue, arbitration notice, or similar notice from foreign investors regarding the initiation of international investment dispute cases at international arbitration, the leading agency shall promptly coordinate with the legal representative agency for the Government, relevant agencies, organizations, individuals, and the Inter-ministerial Task Force (if established), and lawyers (if available) to develop an initial assessment of the case and propose a resolution plan.

Within ten days from the date of receipt of the formal lawsuit filed by foreign investors, the leading agency shall coordinate with the legal representative agency for the Government, relevant agencies, organizations, individuals, and the Inter-ministerial Task Force (if established), and lawyers (if available) to develop an overall strategy for resolving international investment disputes for approval by the Prime Minister.

2. The overall strategy for resolving international investment disputes includes the following main contents:

a) Summary of the international investment dispute case and related legal basis;

b) Analysis of strengths and weaknesses of the Vietnamese side and the foreign investor;

c) Presentation of the litigation process for the international investment dispute case and the tasks of the leading agency, relevant agencies, organizations, and individuals at each stage of the litigation process;

d) Use of lawyers, appointment of arbitrators (if applicable);

đ) Proposals for handling the international investment dispute case, including negotiation and mediation solutions;

e) Observations and recommendations related to the case.

3. Within five working days from the date of receipt of the overall strategy for resolving the international investment dispute case, the competent authority approving under Clause 1 of this Article shall be responsible for approving the strategy and sending it to the leading agency and the legal representative agency for the Government.

4. During the implementation of the approved overall strategy for resolving the international investment dispute case, if necessary, the leading agency shall coordinate with the legal representative agency for the Government, relevant agencies, organizations, individuals, and the Inter-ministerial Task Force (if established) to amend and supplement the overall strategy for resolving the international investment dispute case and submit the amendment and supplementation for approval by the competent authority according to this Article and report to the competent authority approving under Clause 1 of this Article.

5. The strategy for resolving international investment disputes shall be kept confidential.

Article 15. Establishment and Dissolution of the Inter-ministerial Task Force

1. Depending on the nature of the case, the leading agency decides on the establishment and operation of the Inter-ministerial Task Force.

2. The Inter-ministerial Task Force is established when the international investment dispute case is brought to international arbitration. In necessary cases, the Inter-ministerial Task Force may be established after the leading agency receives the notice of intention to sue from foreign investors regarding the initiation of the international investment dispute case at international arbitration.

Members of the Inter-ministerial Task Force include representatives of the leading agency, the legal representative agency for the Government, and relevant agencies, organizations, and individuals. The head of the Inter-ministerial Task Force is the leader of the leading agency.

The deputy head of the Inter-ministerial Task Force is determined as follows:

a) In the case where the Government of Vietnam is the defendant under Point a, Clause 1, Article 2 of this Regulation, the deputy head of the Inter-ministerial Task Force is the representative of the Ministry of Planning and Investment;

b) In the case where the Government of Vietnam is the defendant under Point b, Clause 1, Article 2 of this Regulation, the deputy head of the Inter-ministerial Task Force is the representative of the Ministry of Justice;

c) In the case where a specific state agency of Vietnam (not the Government of Vietnam) is the defendant, the deputy head of the Inter-ministerial Task Force is the representative of the state agency at the same level as the leading agency and is decided by the leading agency.

4. The Inter-ministerial Task Force dissolves itself and ceases operations after the international investment dispute resolution case is concluded.

Article 16. Tasks of the Inter-Ministerial Working Group

1. The Inter-Ministerial Working Group shall perform the following tasks:

a) Advising the leading agency and the Government's legal representative on issues related to resolving international investment disputes.

b) Supporting the leading agency in implementing the overall strategy for resolving international investment disputes that has been approved.

2. Members of the Inter-Ministerial Working Group shall provide opinions on issues within the functions and tasks of the agencies that appoint them.

Article 17. Working Regime of the Inter-Ministerial Working Group

1. Members of the Inter-Ministerial Working Group shall operate on a part-time basis.

2. Members of the Inter-Ministerial Working Group shall carry out their tasks according to the division of labor by the head of the Inter-Ministerial Working Group and shall be responsible for fully and effectively participating in all activities of the Inter-Ministerial Working Group. In necessary cases, the head of the Inter-Ministerial Working Group may decide on the participation of lawyers in the activities of the Inter-Ministerial Working Group.

3. The leading agency shall be responsible for arranging a support unit for the Inter-Ministerial Working Group to handle administrative tasks and prepare necessary conditions for the activities of the Inter-Ministerial Working Group.

Article 18. Coordination in Providing Documents to International Arbitration

1. The leading agency, in coordination with the Inter-Ministerial Working Group (if any), relevant agencies, organizations, individuals, and lawyers (if any) shall collect documents based on the requests for document provision from international arbitration.

2. The leading agency, in coordination with the Inter-Ministerial Working Group (if any), shall decide on the documents that Vietnam can provide and those that cannot be provided.

Article 19. Drafting and Perfecting Self-Protection Statements, Counterclaims, and Documents Submitted to the International Arbitral Tribunal

1. The leading agency, in coordination with the Government's legal representative, relevant agencies, organizations, individuals, and lawyers (if any) shall draft and perfect self-protection statements, counterclaims, and documents submitted to the international arbitral tribunal according to the procedures for resolving international investment dispute cases.

2. Relevant agencies, organizations, and individuals shall be responsible for providing written comments on draft self-protection statements, counterclaims, and documents submitted to the international arbitral tribunal within five working days from the date of receiving the written request from the leading agency, unless the leading agency requires a different response deadline to ensure compliance with the procedural deadlines.

3. When submitting self-protection statements, counterclaims, and documents to the international arbitral tribunal, the leading agency shall be responsible for sending a copy to the Government's legal representative.

Article 20. Participation in the Hearing of International Arbitration

1. The leading agency, in coordination with the Government's legal representative, the Inter-Ministerial Working Group, relevant agencies, organizations, individuals, and lawyers (if any) shall prepare the content for participation in the hearing at international arbitration.

2. Depending on the nature of the case, the leading agency, in coordination with the Government's legal representative, the Inter-Ministerial Working Group, relevant agencies, organizations, individuals, and lawyers (if any) shall decide on the composition of participants in the hearing.

Article 21. Handling Issues Related After the Hearing of International Arbitration

1. Within ten working days from the end of the hearing at international arbitration, the leading agency shall be responsible for reporting to the Prime Minister and the Government's legal representative about the developments during the hearing.

2. The leading agency, in coordination with the Government's legal representative, relevant agencies, organizations, and individuals, shall handle issues arising after the hearing; after the decision or ruling of international arbitration.

3. In the event that the Government of Vietnam (or a Vietnamese state agency) must compensate foreign investors, the leading agency, in coordination with the financial agency at the same level, shall submit to the competent authority a payment plan to ensure compliance with the decision or ruling and relevant Vietnamese laws.

Article 22. Recognition and enforcement of international arbitral awards and decisions

The leading agency shall coordinate with the Ministry of Foreign Affairs, the legal representative for the Government, competent state agencies, and lawyers (if any) to carry out recognition and enforcement in Vietnam or abroad of international arbitral awards and decisions when such recognition and enforcement is beneficial to Vietnam.

Article 23. Summary and evaluation of international investment dispute resolution

After resolving an international investment dispute, the leading agency, coordinating with the legal representative for the Government and relevant agencies, organizations, and individuals, shall organize a summary and evaluation of the resolution of the international investment dispute, draw lessons learned, and report to the Prime Minister.

Article 24. Hiring of lawyers

1. Depending on the complexity of each specific international investment dispute, the leading agency shall coordinate with the inter-ministerial working group and lawyers to negotiate and decide on the selection and hiring of lawyers.

2. The process of selecting lawyers shall be carried out in accordance with the Prime Minister's decision and other relevant legal provisions.

3. The leading agency shall sign a legal service contract with the lawyer after reporting the negotiation results according to the procedure specified in Clause 2 of this Article.

4. The leading agency shall coordinate with related state agencies to strictly manage and ensure compliance with the legal service contracts signed with lawyers.

Article 25. Witnesses

1. Depending on the requirements of the international investment dispute, based on the advice of lawyers (if any), the leading agency shall coordinate with the inter-ministerial working group, relevant agencies, organizations, and individuals to invite witnesses to serve the resolution process of the international investment dispute.

2. Payment of expenses for witnesses, including accommodation, travel costs, and compensation for lost workdays, shall be implemented in accordance with Chapter IV of these Regulations.

Article 26. Hiring of experts

1. Depending on the requirements of the international investment dispute, based on the proposal of lawyers, the leading agency shall coordinate with the inter-ministerial working group, relevant agencies, organizations, individuals, and lawyers (if any) to decide on the hiring of experts to serve the resolution process of the international investment dispute, ensuring effective selection and meeting time requirements in litigation.

2. The leading agency shall be responsible for managing the work of experts based on the agreement between the leading agency and the expert.

3. Payment for experts shall be carried out in accordance with Chapter IV of these Regulations.

Article 27. Mediation

1. During the resolution of international investment disputes, based on specific developments, the leading agency shall coordinate with the inter-ministerial working group to study, evaluate the possibility, and develop mediation plans that are appropriate, and report to the Prime Minister for decision.

2. The mediation plan must resolve the international investment dispute conclusively, protect the rights and interests of Vietnam, and be consistent with the actual development of the dispute resolution process.

3. In cases where the mediation plan is approved under Clause 1 of this Article, the leading agency shall coordinate with the inter-ministerial working group and lawyers (if any) to conduct mediation in accordance with the approved plan.

Chapter IV
FINANCIAL MECHANISM TO SERVE THE RESOLUTION OF
INVESTMENT DISPUTES

Article 28. Funding for Resolving International Investment Disputes

1. In cases where the leading agency is a ministry, an agency at the ministerial level, or an agency under the Government, the funding for resolving international investment disputes shall be guaranteed by the central budget.

2. In cases where the leading agency is a provincial People's Committee, the funding for resolving international investment disputes shall be guaranteed by the local budget according to the regulations on budget decentralization.

3. Within ten working days from the date of receipt of the funding estimate from the leading agency, the financial authority at the same level shall be responsible for reviewing the funding for resolving international investment disputes and coordinating with the leading agency to report to the competent authority for decision-making.

4. During the process of resolving international investment disputes, when necessary, the leading agency has the right to proactively use the regular funding allocated to that agency to serve the activities of resolving international investment disputes, and subsequently be reimbursed according to the approved funding estimate under Clause 3 of this Article.

5. The management, utilization, and settlement of funding throughout the entire process of resolving international investment disputes shall be carried out in accordance with the regulations of the Ministry of Finance on the preparation of budget estimates, management, utilization, and settlement of state budget funding for the resolution of international investment disputes.

Article 29. Funding Contribution of State Agencies in Resolving International Investment Disputes

1. The funding for performing the task of representing the Government in legal matters shall be provided within the annual operating budget of the Ministry of Justice.

2. The funding for performing activities in coordination to resolve international investment disputes shall be provided to the leading agency on a case-by-case basis (including costs for the activities of the inter-ministerial working group) and shall be implemented in accordance with the regulations of the Ministry of Finance on the management, utilization, and settlement of funding for resolving international investment disputes.

3. Overtime pay for staff performing specialized tasks related to dispute resolution and other expenses aimed at enhancing the effectiveness of dispute resolution activities, including costs for researching international and domestic legal data and annual capacity enhancement costs, shall be provided based on proposals from the leading agency and the agency representing the Government in legal matters.

4. In special cases, the Prime Minister shall decide to supplement funding for resolving international investment disputes upon the proposal of the leading agency and the agency representing the Government in legal matters.

Article 30. Funding for Implementing Settlement Agreements, Arbitral Awards, and Decisions of International Arbitration Tribunals

1. The Ministry of Finance shall allocate funds for compensation payments as stipulated in settlement agreements, arbitral awards, and decisions of international arbitration tribunals from the central state budget in cases where the challenged measure is that of a central-level state agency.

2. The provincial People's Committee shall allocate funds for compensation payments as stipulated in settlement agreements, arbitral awards, and decisions of international arbitration tribunals from the local budget in cases where the challenged measure is that of a local-level state agency.

Chapter V
IMPLEMENTATION

Article 31. Implementation Provisions

1. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central cities shall be responsible for directing and organizing the implementation of this Regulation and submitting reports to the Ministry of Justice when requested for consolidation and reporting to the Prime Minister.

2. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central cities shall promptly report to the Prime Minister any difficulties encountered during the implementation of this Regulation and send copies to the Ministry of Justice.

Article 32. Supervision and Inspection of Implementation of the Regulation

The Ministry of Justice shall take the lead and coordinate with ministries, ministerial-level agencies, government agencies, and provincial People's Committees under central cities to urge and inspect the implementation of this Regulation./.