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Compensation must be settled at the time of expropriation. Compensation to foreign investors is to be made in a freely convertible currency and is permitted to be taken out of the country. The Investment Law provides equal, non-discriminatory treatment for all investors, both local and international. Compensation must guarantee the legal interests of related parties. Paragraph 2, Article 6 of the Investment Law says “no discrimination among investors”. Such nondiscrimination is also reflected in Article 4.

VIET NAM’S POLICY FRAMEWORK FOR INVESTMENT size, ownership or investment incentives). Under Article 13 of the Investment Law, investors are entitled to ‘autonomy in business and investment activities’, including the right ‘to select the sector in which to make an investment, form of investment, method of adding capital, location and scale of investment, investment partners and the project length’. However, other provisions of the Law, implementing Decrees and the complex investment programme can limit such rights to some extent.

Compensation must guarantee the legal interests of related parties. Paragraph 2, Article 6 of the Investment Law says “no discrimination among investors”. Such nondiscrimination is also reflected in Article 4. Paragraph 2, Article 4 indicates that the State will give equal and lawful treatment to investors of any economic sectors, either domestic or foreign investors, promote and create a favourable environment for investment. Paragraph 3, Article 4 specifies that the government recognises and protects ownership of assets, capital, income and other legitimate interests of the investors.

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