PROTECTION OF THE RIGHT TO TRANSFER CAPITAL AND PROFITS OF ASEAN INVESTORS UNDER ASEAN REGULATIONS AND THE PRACTICE OF VIETNAM

Abstract

The right to transfer capital and profits is one of the typical requirements for protection of foreign investors recognised in bilateral investment treaties, municipal law and investment treaties of international organisations, including ASEAN Comprehensive Investment Agreement (ACIA). The protection of the right to transfercapital and profits offoreigninvestors in Vietnam is directly regulated in the 2014 Law on investemnt and other related legal documents of Vietnam. The paper specifically analyses Article13 of ACIA on transfers of ASEAN investors and the process of transforming the related ASEAN regulationsinto the investment law of Vietnam as well as assessesthecompatibilityof  the law of Vietnam with ACIA.