tnqnt_tnqnt
New Member
Link tải luận văn miễn phí cho ae Kết Nối
STATEMENT OF AUTHORSHIP
This work contains no material which has been accepted for the award of any other degree in any university or other tertiary institution and, to the best of my knowledge and belief, contains no material previously published or written by other persons, except where due to references has been made in the text.
ACKNOWLEDGEMENT
First of all, I would like to send my deepest gratitude to my supervisor, Asso. Ph.D. Lê Hùng Tiến, who guided me throughout the accomplishment of this research. If it had not been for his kind guidance, insightful comments and valuable support, my thesis would not have been completed.
I also owe my gratitude to my family, who have always been very supportive with my study. My parents always encourage me in difficult times. And my mother, especially, often helps me to do housework so that I can have more time to work on my papers.
Personally, I highly appreciate all the assistance. I am greatly interested in this study as it is of great Giúp for myself. However, I am responsible for any remaining mistakes and short comings that are found in this work.
ABSTRACT
In today’s world where no nation can ignore the economic integration trend, the demand for easy access to the body of legal documents of a country is greater than ever before. More and more legal documents are being translated into English, the international language of communication, for reference purposes. This calls for studies into the field of legal translation to come up with methods and strategies of translation, as well as assessment and evaluation of translations.
This study aims at revealing the most basic features of Vietnamese and English legal language, and basic concepts of translation theory in general, legal translation in particular. Then it will test the appropriateness of House’s model for translation quality assessment in assessing English translations of Vietnamese legal documents. This is done through the application of the model in assessing the English phiên bản of the Law on Investment 2005 of Vietnam and conclusions based on the findings. Finally, implications for translating Vietnamese legal documents into English will be proposed.
TABLE OF CONTENTS
Page
Statement of authorship i
Acknowledgement ii
Abstract iii
Table of contents iv
List of abbreviations vi
List of diagrams vii
INTRODUCTION 1
1. Rational for the study 1
2. Significance of the study 2
3. Scope and objectives of the study 2
3.1. Scope of the study 2
3.2. Research questions 2
4. Research methods 2
5. Overview of the study 3
CHAPTER 1. REVIEW OF LITERATURE 4
1.1.CHARACTERISTICS OF LEGAL LANGUAGE 4
1.1.1. An overview of legal traditions in the world 4
1.1.2. Vietnamese legal system 6
1.1.3. Vietnamese legal language 7
1.1.3.1. History of Vietnamese legal language 7
1.1.3.2. Linguistic features of Vietnamese legal language 7
1.1.4. English legal language 10
1.1.4.1. History of English legal language 10
1.1.4.2. Linguistic features of English legal language 11
1.2. TRANSLATION THEORY 16
1.2.1. Definition of translation 16
1.2.2. Translation methods and strategies 17
1.2.2.1. Translation methods 18
1.2.2.2. Translation strategies 20
1.2.3. Translation equivalence and assessment 21
1.2.4. Translation of legal documents 24
CHAPTER 2. APPLICATION OF HOUSE’S MODEL
FOR TRANSLATION QUALITY ASSESSMENT 27
2.1. Presentation of the model 27
2.1.1. An overview of the model 27
2.1.2. Operation of the model 28
2.2. Application of the model 31
2.2.1. Analysis of Source Text 32
2.2.2. Statement of function 47
CHAPTER 3. DISCUSSION 49
3.1. Comparison of Target Text and Source Text 49
3.2. Quality of the translation 57
3.3. Implications for translating Vietnamese legal documents into English 59
CONCLUSION 62
REFERENCES 64
Appendix A. Vietnamese phiên bản of the selected text I
Appendix B. English phiên bản of the selected text V
LIST OF ABBREVIATIONS
SL: Source Language
TL: Target Language
ST: Source Text
TT: Translation Text
LIST OF DIAGRAMS
Global Distribution of Legal Systems Page 5
The schema for analyzing and comparing original and translation texts Page 30
INTRODUCTION
1. Rationale for the study
Globalization and integration is an inevitable trend in today’s world. Any country that rejects this trend will soon be lagged behind in all major fields of social life. But communication is successful only when the participants can understand each other. This cannot be achieved if nations with different languages never try to understand the language of another. Therefore, the need for translation between languages is greater than ever before. And because English is an accepted contemporary international language, more and more documents in other languages are being translated into it. These are documents of all fields: politics, economics, culture, etc. But when can a translation be considered ‘good’ still draws much discussion. Translation theorists have their own founded criteria for translation quality assessment. Among distinguished scholars of this field is Julian House, a German linguist, with her model for translation quality assessment.
On its route to international economic integration, Vietnam has to make many new laws as objectively required. Laws in Vietnamese obviously have legal validity. But reliable English versions of these laws are desirable to foreign investors before and on coming to do business in Vietnam. Though these English versions do not have legal value, they should facilitate the process of understanding and obeying Vietnam’s laws of foreign enterprises. A good translation of a legal document will mitigate misinterpretations and misapplications.
Of the most recently enacted laws in Vietnam, the Law on Investment of 2005, number 59/2005/QH11 is one that has received much attention and discussion. The Law has been translated into English by several translators. An assessment of the English phiên bản of this law is thus desirable.
2. Significance of the study
The results of this study will Giúp test the quality of the English translation of the Law on Investment 2005 of Vietnam under the model developed by the German linguist House, and suggest any timely changes should there be to limit avoidable misunderstandings by foreign investors in interpreting the law.
Besides, the study will also propose some suggestions concerning the translation of Vietnamese authoritative legal documents into English.
3. Scope and objectives of the study
3.1. Scope of the study
The Law on Investment 2005 consists of eighty-nine articles, divided into ten chapters. A study of the whole document is therefore an overload for this paper. So the paper will analyze chapter II only, the title of which is “Bảo đảm đầu tư”. There are seven articles in this chapter, from Article 6 to Article 12.
3.2. Research questions
The study aims at finding answers to two questions:
1. How good is the translation according to House’s model and what are the remaining problems of the translation?
2. What are some implications for the translation of Vietnamese legal documents into English?
4. Research methods
This study aims at assessing the quality of the English translation of the Law on Investment of Vietnam. Therefore, a set of parameters for assessment is necessary. Among the various criteria and models for translation quality assessment, House’s model is chosen in this study because it is deemed to have a comprehensive set of parameters for assessing functional and pragmatic equivalence of the translation text. Furthermore, as House argues, the model can be applied with a wide range of texts.
In applying House’s model, a source text is first selected, then analyzed to draw its textual profile along the eight situational dimensions and a statement of function of the ST will be made. Similarly, a profile of the translation text will be come up with and compared with the ST’s to find out mismatches before a statement of quality can be drawn about the TT.
5. Overview of the study
The study contains three chapters:
Chapter 1 – Review of Literature
The first part of this chapter will first introduce the main legal traditions in the world and then give a brief introduction to the legal system of Vietnam. After that, it will elaborate linguistic features of Vietnamese and English legal languages.
The second part discusses different aspects of translation: definition, methods and strategies, and equivalence and assessment. Basic characteristics of legal translation will also be presented.
Chapter 2 – Application of House’s model for translation quality assessment
In this chapter, House’s model for translation quality assessment will first be presented and then applied in assessing the English translation of the Law on Investment 2005 of Vietnam.
Chapter 3 – Discussion of results and implications
Findings about the quality of the translation text which is based on the application of the model will be discussed and implications for translating Vietnamese legal documents into English will also be come up with.
CHAPTER 1.
REVIEW OF LITERATURE
1.1. CHARACTERISTICS OF LEGAL LANGUAGE
Statutes are generally promulgated by the state to govern people’s behaviors in all aspects of social life. They create, modify, or terminate the rights and obligations of individuals and institutions.
Once enacted, a legal document becomes authoritative and no law-maker will be there to explain the wording and to guide the application of the rules in the law. Therefore, the rules set out in legal documents have to be clear, precise and unambiguous, on the one hand, to avoid misinterpretations and misapplications of them, and inclusive, on the other, to cover all the possible cases that can emerge within the governing scope of the law. To ensure these dual characteristics of legal rules, law-makers have to make full use of the written language, may it be English, French, Vietnamese or any other one. Therefore, the language of this type of documents is highly specialized.
In this study, the term “legal texts” refers to any document within the field of law, and “legal documents” to statutes, documents issued by the law-making body of the country. And “legal language” is restricted to the language of these legal documents.
1.1.1. An overview of legal traditions in the world
Before the serial collapse of some socialist countries in the world in the early 1990’s, there existed a strong belief among scholars in socialist countries that there were only two traditions of law, i.e. the socialist and the capitalist ones, with the latter including Anglo-American as well as Continental (Civil) law systems. Western scholars, on the contrary, distinguish between two main traditions, i.e. the Anglo-American and the Continental traditions, with socialist legal systems belonging to the latter one (Bogdan, 1994:63).
Today, it is commonly agreed that there are five groups of legal systems worldwide distributed as follow:
Global Distribution of Legal Systems
Source:
Of these five traditions, Civil Law and Common Law are predominant and will be discussed further in details.
Civil Law, also known as Continental Law or Roman Law, originated from Roman law, more specifically, from the sixth century “Corpus Juris Civilis”, a code consolidating all of the laws in continental Europe during the reign of Roman emperor Justinian. In countries that follow the civil law tradition, statutes are the basis of the legal system. Solutions for each individual case are prescribed in the provisions of the legal codes, on which sentences have to be based. National legal systems developed through the process of codification.
Common Law shares roots in Roman law with Civil Law but has a much different evolution from that of Civil Law. The general principles of Common Law grow out of the judicial decisions in court cases by individual judges over a long
schedule;
2. Not to compel an investor to undertake the following requirements:
(a) To give priority to the purchase or use of domestic goods or services; or to purchase compulsorily goods from a specific domestic manufacturer or services from a specific domestic service provider;
(b) To export goods or services at a fixed percentage; to restrict the quantity, value or type of goods or services which may be exported of or goods which may be manufactured domestically or services which may be provided domestically;
(c) To import goods at the same quantity and value as goods exported, or to selfbalance compulsorily foreign currency from sources obtained from exported goods in order to satisfy their import requirements;
(d) To achieve certain localization ratios during manufacture of goods;
(dd) To achieve a stipulated level or value in their research and development activities in Vietnam;
(e) To supply goods or provide services in a particular location whether in Vietnam or abroad;
(g) To establish its head office in a particular location.
Article 9 Remittance of capital and assets abroad
1. After a foreign investor has discharged fully its financial obligations to the State of Vietnam, it shall be permitted to remit abroad the following:
(a) Its profits derived from business activities;
(b) Payments received from the provision of technology and services and from intellectual property;
(c) The principal of and any interest on foreign loans;
(d) Invested capital and proceeds from the liquidation of investments;
(dd) Other sums of money and assets lawfully owned by the investor.
2. A foreigner working in Vietnam for an investment project shall be permitted to remit abroad his or her lawful income after having discharged fully his or her financial obligations to the State of Vietnam.
3. The remittance of the above sums of money shall be made in a freely convertible currency in accordance with the trading exchange rate published by a commercial bank selected by the investor.
4. Procedures for remitting abroad the sums of money relating to an investment activity shall be subject to the laws on foreign exchange control.
Article 10 Application of uniform prices, fees and charges
During the process of an investment activity, the investor shall be entitled to uniform application of price rates for goods and fees and charges for services which are controlled by the State.
Article 11 Investment guarantees in the event of changes in law or policies
1. If a newly promulgated law or policy contains higher benefits and incentives than those to which the investor was previously entitled, then the investor shall be entitled to the benefits and incentives pursuant to the new law as from the date the new law or policy takes effect.
2. If a newly promulgated law or policy adversely affects the lawful benefits enjoyed by an investor prior to the date of effectiveness of such law or policy, the investor shall be guaranteed to enjoy incentives the same as the investment certificate or there shall be resolution by one, a number or all of the following methods:
(a) Continuation of enjoyment of benefits and incentives;
(b) There shall be a deduction of the loss from taxable income;
(c) There shall be a change of the operational objective of the project;
(d) Consideration shall be given to paying compensation in necessary circumstances.
3. Based on the provisions of the laws and commitments in international treaties of which the Socialist Republic of Vietnam is a member, the Government shall make specific provisions on guarantee for interests of investors in the case where a change in laws or policies affects adversely the interests of the investors.
Article 12 Dispute resolution
1. Any dispute relating to investment activities in Vietnam shall be resolved through negotiation and conciliation, or shall be referred to arbitration or to a court in accordance with law.
2. Any dispute as between domestic investors or as between a domestic investor and a State administrative body of Vietnam relating to investment activities in the territory of Vietnam shall be resolved at a Vietnamese arbitration body or court.
3. Any dispute to which one disputing party is a foreign investor or an enterprise with foreign owned capital, or nay dispute as between foreign investors shall be resolved by one of the following tribunals and organizations:
(a) A Vietnamese court;
(b) A Vietnamese arbitration body;
(c) A foreign arbitration body;
(d) An international arbitration body;
(dd) An arbitration tribunal established pursuant to the agreement of the disputing parties.
4. Any dispute between a foreign investor and State administrative body of Vietnam relating to investment activities in the territory of Vietnam shall be resolved by a Vietnamese arbitration body or court, unless otherwise provided in a contract signed between a representative of a competent State body of Vietnam with the foreign investor or in an international treaty of which the Socialist Republic of Vietnam is a member.
Do Drive thay đổi chính sách, nên một số link cũ yêu cầu duyệt download. các bạn chỉ cần làm theo hướng dẫn.
Password giải nén nếu cần: ket-noi.com | Bấm trực tiếp vào Link để tải:
STATEMENT OF AUTHORSHIP
This work contains no material which has been accepted for the award of any other degree in any university or other tertiary institution and, to the best of my knowledge and belief, contains no material previously published or written by other persons, except where due to references has been made in the text.
ACKNOWLEDGEMENT
First of all, I would like to send my deepest gratitude to my supervisor, Asso. Ph.D. Lê Hùng Tiến, who guided me throughout the accomplishment of this research. If it had not been for his kind guidance, insightful comments and valuable support, my thesis would not have been completed.
I also owe my gratitude to my family, who have always been very supportive with my study. My parents always encourage me in difficult times. And my mother, especially, often helps me to do housework so that I can have more time to work on my papers.
Personally, I highly appreciate all the assistance. I am greatly interested in this study as it is of great Giúp for myself. However, I am responsible for any remaining mistakes and short comings that are found in this work.
ABSTRACT
In today’s world where no nation can ignore the economic integration trend, the demand for easy access to the body of legal documents of a country is greater than ever before. More and more legal documents are being translated into English, the international language of communication, for reference purposes. This calls for studies into the field of legal translation to come up with methods and strategies of translation, as well as assessment and evaluation of translations.
This study aims at revealing the most basic features of Vietnamese and English legal language, and basic concepts of translation theory in general, legal translation in particular. Then it will test the appropriateness of House’s model for translation quality assessment in assessing English translations of Vietnamese legal documents. This is done through the application of the model in assessing the English phiên bản of the Law on Investment 2005 of Vietnam and conclusions based on the findings. Finally, implications for translating Vietnamese legal documents into English will be proposed.
TABLE OF CONTENTS
Page
Statement of authorship i
Acknowledgement ii
Abstract iii
Table of contents iv
List of abbreviations vi
List of diagrams vii
INTRODUCTION 1
1. Rational for the study 1
2. Significance of the study 2
3. Scope and objectives of the study 2
3.1. Scope of the study 2
3.2. Research questions 2
4. Research methods 2
5. Overview of the study 3
CHAPTER 1. REVIEW OF LITERATURE 4
1.1.CHARACTERISTICS OF LEGAL LANGUAGE 4
1.1.1. An overview of legal traditions in the world 4
1.1.2. Vietnamese legal system 6
1.1.3. Vietnamese legal language 7
1.1.3.1. History of Vietnamese legal language 7
1.1.3.2. Linguistic features of Vietnamese legal language 7
1.1.4. English legal language 10
1.1.4.1. History of English legal language 10
1.1.4.2. Linguistic features of English legal language 11
1.2. TRANSLATION THEORY 16
1.2.1. Definition of translation 16
1.2.2. Translation methods and strategies 17
1.2.2.1. Translation methods 18
1.2.2.2. Translation strategies 20
1.2.3. Translation equivalence and assessment 21
1.2.4. Translation of legal documents 24
CHAPTER 2. APPLICATION OF HOUSE’S MODEL
FOR TRANSLATION QUALITY ASSESSMENT 27
2.1. Presentation of the model 27
2.1.1. An overview of the model 27
2.1.2. Operation of the model 28
2.2. Application of the model 31
2.2.1. Analysis of Source Text 32
2.2.2. Statement of function 47
CHAPTER 3. DISCUSSION 49
3.1. Comparison of Target Text and Source Text 49
3.2. Quality of the translation 57
3.3. Implications for translating Vietnamese legal documents into English 59
CONCLUSION 62
REFERENCES 64
Appendix A. Vietnamese phiên bản of the selected text I
Appendix B. English phiên bản of the selected text V
LIST OF ABBREVIATIONS
SL: Source Language
TL: Target Language
ST: Source Text
TT: Translation Text
LIST OF DIAGRAMS
Global Distribution of Legal Systems Page 5
The schema for analyzing and comparing original and translation texts Page 30
INTRODUCTION
1. Rationale for the study
Globalization and integration is an inevitable trend in today’s world. Any country that rejects this trend will soon be lagged behind in all major fields of social life. But communication is successful only when the participants can understand each other. This cannot be achieved if nations with different languages never try to understand the language of another. Therefore, the need for translation between languages is greater than ever before. And because English is an accepted contemporary international language, more and more documents in other languages are being translated into it. These are documents of all fields: politics, economics, culture, etc. But when can a translation be considered ‘good’ still draws much discussion. Translation theorists have their own founded criteria for translation quality assessment. Among distinguished scholars of this field is Julian House, a German linguist, with her model for translation quality assessment.
On its route to international economic integration, Vietnam has to make many new laws as objectively required. Laws in Vietnamese obviously have legal validity. But reliable English versions of these laws are desirable to foreign investors before and on coming to do business in Vietnam. Though these English versions do not have legal value, they should facilitate the process of understanding and obeying Vietnam’s laws of foreign enterprises. A good translation of a legal document will mitigate misinterpretations and misapplications.
Of the most recently enacted laws in Vietnam, the Law on Investment of 2005, number 59/2005/QH11 is one that has received much attention and discussion. The Law has been translated into English by several translators. An assessment of the English phiên bản of this law is thus desirable.
2. Significance of the study
The results of this study will Giúp test the quality of the English translation of the Law on Investment 2005 of Vietnam under the model developed by the German linguist House, and suggest any timely changes should there be to limit avoidable misunderstandings by foreign investors in interpreting the law.
Besides, the study will also propose some suggestions concerning the translation of Vietnamese authoritative legal documents into English.
3. Scope and objectives of the study
3.1. Scope of the study
The Law on Investment 2005 consists of eighty-nine articles, divided into ten chapters. A study of the whole document is therefore an overload for this paper. So the paper will analyze chapter II only, the title of which is “Bảo đảm đầu tư”. There are seven articles in this chapter, from Article 6 to Article 12.
3.2. Research questions
The study aims at finding answers to two questions:
1. How good is the translation according to House’s model and what are the remaining problems of the translation?
2. What are some implications for the translation of Vietnamese legal documents into English?
4. Research methods
This study aims at assessing the quality of the English translation of the Law on Investment of Vietnam. Therefore, a set of parameters for assessment is necessary. Among the various criteria and models for translation quality assessment, House’s model is chosen in this study because it is deemed to have a comprehensive set of parameters for assessing functional and pragmatic equivalence of the translation text. Furthermore, as House argues, the model can be applied with a wide range of texts.
In applying House’s model, a source text is first selected, then analyzed to draw its textual profile along the eight situational dimensions and a statement of function of the ST will be made. Similarly, a profile of the translation text will be come up with and compared with the ST’s to find out mismatches before a statement of quality can be drawn about the TT.
5. Overview of the study
The study contains three chapters:
Chapter 1 – Review of Literature
The first part of this chapter will first introduce the main legal traditions in the world and then give a brief introduction to the legal system of Vietnam. After that, it will elaborate linguistic features of Vietnamese and English legal languages.
The second part discusses different aspects of translation: definition, methods and strategies, and equivalence and assessment. Basic characteristics of legal translation will also be presented.
Chapter 2 – Application of House’s model for translation quality assessment
In this chapter, House’s model for translation quality assessment will first be presented and then applied in assessing the English translation of the Law on Investment 2005 of Vietnam.
Chapter 3 – Discussion of results and implications
Findings about the quality of the translation text which is based on the application of the model will be discussed and implications for translating Vietnamese legal documents into English will also be come up with.
CHAPTER 1.
REVIEW OF LITERATURE
1.1. CHARACTERISTICS OF LEGAL LANGUAGE
Statutes are generally promulgated by the state to govern people’s behaviors in all aspects of social life. They create, modify, or terminate the rights and obligations of individuals and institutions.
Once enacted, a legal document becomes authoritative and no law-maker will be there to explain the wording and to guide the application of the rules in the law. Therefore, the rules set out in legal documents have to be clear, precise and unambiguous, on the one hand, to avoid misinterpretations and misapplications of them, and inclusive, on the other, to cover all the possible cases that can emerge within the governing scope of the law. To ensure these dual characteristics of legal rules, law-makers have to make full use of the written language, may it be English, French, Vietnamese or any other one. Therefore, the language of this type of documents is highly specialized.
In this study, the term “legal texts” refers to any document within the field of law, and “legal documents” to statutes, documents issued by the law-making body of the country. And “legal language” is restricted to the language of these legal documents.
1.1.1. An overview of legal traditions in the world
Before the serial collapse of some socialist countries in the world in the early 1990’s, there existed a strong belief among scholars in socialist countries that there were only two traditions of law, i.e. the socialist and the capitalist ones, with the latter including Anglo-American as well as Continental (Civil) law systems. Western scholars, on the contrary, distinguish between two main traditions, i.e. the Anglo-American and the Continental traditions, with socialist legal systems belonging to the latter one (Bogdan, 1994:63).
Today, it is commonly agreed that there are five groups of legal systems worldwide distributed as follow:
Global Distribution of Legal Systems
Source:
You must be registered for see links
Of these five traditions, Civil Law and Common Law are predominant and will be discussed further in details.
Civil Law, also known as Continental Law or Roman Law, originated from Roman law, more specifically, from the sixth century “Corpus Juris Civilis”, a code consolidating all of the laws in continental Europe during the reign of Roman emperor Justinian. In countries that follow the civil law tradition, statutes are the basis of the legal system. Solutions for each individual case are prescribed in the provisions of the legal codes, on which sentences have to be based. National legal systems developed through the process of codification.
Common Law shares roots in Roman law with Civil Law but has a much different evolution from that of Civil Law. The general principles of Common Law grow out of the judicial decisions in court cases by individual judges over a long
schedule;
2. Not to compel an investor to undertake the following requirements:
(a) To give priority to the purchase or use of domestic goods or services; or to purchase compulsorily goods from a specific domestic manufacturer or services from a specific domestic service provider;
(b) To export goods or services at a fixed percentage; to restrict the quantity, value or type of goods or services which may be exported of or goods which may be manufactured domestically or services which may be provided domestically;
(c) To import goods at the same quantity and value as goods exported, or to selfbalance compulsorily foreign currency from sources obtained from exported goods in order to satisfy their import requirements;
(d) To achieve certain localization ratios during manufacture of goods;
(dd) To achieve a stipulated level or value in their research and development activities in Vietnam;
(e) To supply goods or provide services in a particular location whether in Vietnam or abroad;
(g) To establish its head office in a particular location.
Article 9 Remittance of capital and assets abroad
1. After a foreign investor has discharged fully its financial obligations to the State of Vietnam, it shall be permitted to remit abroad the following:
(a) Its profits derived from business activities;
(b) Payments received from the provision of technology and services and from intellectual property;
(c) The principal of and any interest on foreign loans;
(d) Invested capital and proceeds from the liquidation of investments;
(dd) Other sums of money and assets lawfully owned by the investor.
2. A foreigner working in Vietnam for an investment project shall be permitted to remit abroad his or her lawful income after having discharged fully his or her financial obligations to the State of Vietnam.
3. The remittance of the above sums of money shall be made in a freely convertible currency in accordance with the trading exchange rate published by a commercial bank selected by the investor.
4. Procedures for remitting abroad the sums of money relating to an investment activity shall be subject to the laws on foreign exchange control.
Article 10 Application of uniform prices, fees and charges
During the process of an investment activity, the investor shall be entitled to uniform application of price rates for goods and fees and charges for services which are controlled by the State.
Article 11 Investment guarantees in the event of changes in law or policies
1. If a newly promulgated law or policy contains higher benefits and incentives than those to which the investor was previously entitled, then the investor shall be entitled to the benefits and incentives pursuant to the new law as from the date the new law or policy takes effect.
2. If a newly promulgated law or policy adversely affects the lawful benefits enjoyed by an investor prior to the date of effectiveness of such law or policy, the investor shall be guaranteed to enjoy incentives the same as the investment certificate or there shall be resolution by one, a number or all of the following methods:
(a) Continuation of enjoyment of benefits and incentives;
(b) There shall be a deduction of the loss from taxable income;
(c) There shall be a change of the operational objective of the project;
(d) Consideration shall be given to paying compensation in necessary circumstances.
3. Based on the provisions of the laws and commitments in international treaties of which the Socialist Republic of Vietnam is a member, the Government shall make specific provisions on guarantee for interests of investors in the case where a change in laws or policies affects adversely the interests of the investors.
Article 12 Dispute resolution
1. Any dispute relating to investment activities in Vietnam shall be resolved through negotiation and conciliation, or shall be referred to arbitration or to a court in accordance with law.
2. Any dispute as between domestic investors or as between a domestic investor and a State administrative body of Vietnam relating to investment activities in the territory of Vietnam shall be resolved at a Vietnamese arbitration body or court.
3. Any dispute to which one disputing party is a foreign investor or an enterprise with foreign owned capital, or nay dispute as between foreign investors shall be resolved by one of the following tribunals and organizations:
(a) A Vietnamese court;
(b) A Vietnamese arbitration body;
(c) A foreign arbitration body;
(d) An international arbitration body;
(dd) An arbitration tribunal established pursuant to the agreement of the disputing parties.
4. Any dispute between a foreign investor and State administrative body of Vietnam relating to investment activities in the territory of Vietnam shall be resolved by a Vietnamese arbitration body or court, unless otherwise provided in a contract signed between a representative of a competent State body of Vietnam with the foreign investor or in an international treaty of which the Socialist Republic of Vietnam is a member.
Do Drive thay đổi chính sách, nên một số link cũ yêu cầu duyệt download. các bạn chỉ cần làm theo hướng dẫn.
Password giải nén nếu cần: ket-noi.com | Bấm trực tiếp vào Link để tải:
You must be registered for see links
Last edited by a moderator: