The EU-Viet Nam Investment Protection Treaty and the Perspectives for Polish Investment in Viet Nam

The article deals with the key changes in the treaty basis of the regime for Polish investment in Viet Nam, expected after the anticipated entry into force of the Investment Protection Agreement Between the European Union and Its Member States, of the One Part, and the Socialist Republic of Viet Nam, of the Other Part (hereafter “EU-Viet Nam Investment Protection Treaty” or “New Investment Treaty”). The article also includes a brief overview of the historical background of the investment relations in Poland and Viet Nam. Some of the key obligations of the parties to the New Investment Treaty are compared with the rules of the 1994 Agreement Between the Socialist Republic of Vietnam and the Republic of Poland for the Promotion and Reciprocal Protection of Investments. For example, the article focuses on the differences in the treaty provisions on the fair and equitable treatment, as well as on the inclusion in the New Investment Treaty of the procedures for the resolution of disputes between states and of the procedures for the investor-state dispute settlement. The article contains references to works of Vietnamese and Polish researchers, legislative acts of Viet Nam, international agreements and documents of international intergovernmental organizations.