越南在欧盟-越南投资保护协定(EVIPA)下的承诺:一些值得注意的问题

Hà Thị Thanh Bình
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摘要

2019年6月30日,越南与欧盟在河内签署《越南与欧盟及欧盟各成员国投资保护协定》(EVIPA)。越南与欧盟自由贸易协定(EVFTA)促进了越南与欧盟国家之间的贸易自由化,而EVIPA则为欧盟国家投资者对越南的对外投资活动提供了法律保障,反之亦然。EVIPA尚未生效,因为它不仅需要得到欧盟理事会和越南国民议会的批准,还需要得到所有欧盟成员国议会的批准。尽管如此,随着EVFTA的实施,越南希望吸引更多来自欧盟的投资,因为越南承诺为来自欧盟的投资者提供一定的保护,其中一些保护在越南加入的任何其他投资保护协议中都没有。拥有欧盟国籍的投资者无疑对越南如何履行其在EVIPA下的承诺感兴趣。本文根据越南法律的相关规定讨论了越南在EVIPA下的主要承诺,并对计划在越南投资的欧盟投资者提出了一些值得注意的问题。它认为,了解国内法律法规如何促进国际承诺将有助于欧盟投资者为他们在越南的投资做好准备。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Vietnam’s Commitments Under the European Union – Vietnam Investment Protection Agreement (EVIPA): Some Noteworthy Points
Abstract The Investment Protection Agreement among Vietnam, the European Union (EU) and each of the EU’s member states (EVIPA) was signed by Vietnam and the EU on June 30, 2019, in Ha Noi. While the Free Trade Agreement between Vietnam and the EU (EVFTA) promotes trade liberalization between Vietnam and EU countries, EVIPA establishes legal safeguards for outward investment activities of investors from EU countries into Vietnam and vice versa. The EVIPA has not yet come into effect as it needs to be approved not only by the EU Council and the National Assembly of Vietnam, but also by the Parliaments of all EU’s member states. Even so, with the EVFTA in place, Vietnam hopes to attract more investment from the EU as Vietnam has committed to provide investors from the EU with certain protection some of which have not been available in any other investment protection agreements to which Vietnam is a party. Investors with EU nationalities undoubtedly are interested in how Vietnam could implement its commitments under the EVIPA. The paper discusses key commitments of Vietnam under the EVIPA along the lines of relevant provisions of Vietnam law and addresses some noteworthy points for investors from the EU planning to invest in Vietnam. It argues that understanding how domestic law and regulations facilitate international commitments would help investors from the EU prepare for their investments in Vietnam.
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