PROTECTION OF THE RIGHT TO TRANSFER CAPITAL AND PROFITS OF ASEAN INVESTORS UNDER ASEAN REGULATIONS AND THE PRACTICE OF VIETNAM
Nguyễn Quỳnh Anh
Abstract
The rightto transfer capital and profits is one of the typical requirements for protection of foreigninvestors recognised in bilateral investment treaties, municipallawand investment treaties of internationalorganisations, including ASEAN Comprehensive Investment Agreement (ACIA). The protection of the right to transfercapital and profits offoreigninvestors in Vietnam is directlyregulated in the 2014 Law on investemnt and other relatedlegaldocuments of Vietnam. The paper specifically analyses Article13 of ACIA on transfers of ASEAN investors and theprocess of transforming the related ASEAN regulationsinto the investment law of Vietnam as well as assessesthecompatibilityof the law of Vietnam with ACIA.