When may the state requisition foreign investors’ assets? Only in truly necessary cases for national defence, security or national interest during emergencies or disaster prevention (Article 32, Constitution 2013). Conditions: a decision by the competent person following statutory procedure; requisition (trưng mua) means compensated purchase, commandeering (trưng dụng) means time-limited use with return (or compensation for damage or loss). This extraordinary power may not serve ordinary purposes.
In-depth analysis
How is requisition compensation computed? At market price at the time of requisition, set by a valuation council; dissenting investors may complain or sue. For commandeering: compensation covers use costs, damage from deterioration, and residual value if assets are lost or destroyed. Disagreeing with the amount? Complain within 90 days, sue administratively within 1 year — while commissioning independent valuation as negotiation leverage. A little-known point: foreign investors’ assets are also BIT-protected — requisition or commandeering without proper conditions or adequate compensation may constitute treaty-breaching “expropriation”, opening ISDS. So every requisition decision needs careful review of competence, procedure and compensation.
Direct legal basis: Article 32 of the Constitution 2013
Conditions and Compensation is directly governed by Article 32 of the Constitution 2013. When it comes to conditions and Compensation, a correct understanding of the content and scope of these provisions helps investors accurately assess their legal position from the moment a dispute begins to emerge.
One important caveat: Article 32 of the Constitution 2013 must be read within the current legal system as a whole, including amending and supplementing instruments. For conditions and Compensation, citing a superseded provision is a mistake foreign investors often make when researching on their own.
The system of related governing instruments — conditions and Compensation
The framework governing conditions and Compensation consists not only of Article 32 of the Constitution 2013 but also of Land Law 2024 (31/2024/QH15). The combination of these instruments determines how complete the legal basis is when an investor builds arguments or makes decisions — in the context of conditions and Compensation.
All instruments cited in this article on conditions and Compensation remain in force as of October 2026. In the investment field specifically, the Law on Investment 143/2025/QH15 (effective 1 March 2026) has replaced Law 61/2020/QH14.
Conditions and Compensation in FDI dispute practice
First, investors should systematise the entire dossier relating to conditions and Compensation: contracts, appendices, meeting minutes, correspondence and evidence of damage (if any). In handling conditions and Compensation, a complete file, organised chronologically, is the foundation for counsel to correctly assess the nature of the case from the very first consultation.
In every exchange concerning conditions and Compensation, investors should record in writing what has been agreed and what remains disputed. For conditions and Compensation, signed meeting minutes are important evidence if the case later goes to arbitration or court.
Costs cannot be ignored in handling conditions and Compensation: court fees, arbitration fees, counsel fees and the opportunity cost of a prolonged process. For conditions and Compensation, investors should ask counsel for a total cost estimate per option to weigh the economics before deciding to escalate a dispute.
When it comes to conditions and Compensation, investors should preserve electronic evidence with care: keep original files with metadata intact, avoid editing shared documents in ways that overwrite history, and back everything up. In handling conditions and Compensation, forensic credibility can decide whether key evidence is admitted or discarded.
Risk warnings — conditions and Compensation
With conditions and Compensation, risk also comes from counterparties acting in bad faith or deliberately dragging out time. In handling conditions and Compensation, investors should set clear timelines for each phase and be ready to switch to a more assertive method when negotiation stalls.
To guard against these risks, investors should build a written roadmap for conditions and Compensation as soon as the dispute emerges: identify the legal basis, collect evidence, set timelines and prepare fallback plans. In handling conditions and Compensation, a documented roadmap keeps the whole team coordinated.
Conditions and Compensation: strategic points to weigh
Investors dealing with conditions and Compensation should also consider where the counterparty’s assets are located before choosing a forum. An award or judgment is only as good as its enforceability: Article 32 of the Constitution 2013 provides the legal pathway, but practical recovery depends on identifying attachable assets early and, where needed, seeking interim measures to preserve them.
In handling conditions and Compensation, preserving the business relationship is sometimes worth more than winning the legal point. When it comes to conditions and Compensation, where the counterparty is also a supplier, customer, or joint-venture partner, an aggressive posture can destroy value beyond the dispute itself. For conditions and Compensation, investors should calibrate firmness with pragmatism, keeping settlement channels open even while preparing for arbitration or litigation.
In handling conditions and Compensation, investors should insist on a clear case plan from counsel: the legal theory, the evidence map, the procedural timeline, and the cost estimate — all in writing. In handling conditions and Compensation, vague assurances are a red flag. In handling conditions and Compensation, a disciplined plan also makes it easier to hold the team accountable as the dispute evolves.
Essential takeaways — conditions and Compensation
- Review the validity of all cited instruments as of October 2026, noting that the Law on Investment 143/2025/QH15 replaced Law 61/2020/QH14 on 1 March 2026.
- Involve experienced FDI dispute counsel early for conditions and Compensation; preventive advice costs far less than corrective action.
- The direct legal basis for conditions and Compensation is Article 32 of the Constitution 2013 — start every analysis there.
- Map conditions and Compensation against both the direct provisions and the supporting framework; isolated citations lead to incomplete advice.
Tasks that cannot be skipped — conditions and Compensation
- Cross-check the validity of cited legal instruments for conditions and Compensation at the time of application (as of October 2026).
- Ensure confidentiality of internal information throughout the handling of conditions and Compensation.
- Review Article 32 of the Constitution 2013 and determine the conditions for applying it to conditions and Compensation in your specific case.
- Systematise the dossier and evidence relating to conditions and Compensation in chronological order.
- Set up a tracking table for limitation periods and procedural milestones related to conditions and Compensation.
Questions investors often ask
- What can I do if a state agency treats my project unfairly?
- How do I complain about an administrative decision in Vietnam?
- Can a foreign investor sue a Vietnamese state authority?
- What is the deadline for challenging a tax assessment?
Contact us
FLAT Law Firm advises foreign investors in Vietnam on dispute resolution: negotiation, mediation, domestic and international arbitration, court litigation, award enforcement and disputes with state authorities. Contact us for advice tailored to your case.
This article has been quality-reviewed by the FLAW AI Legal Council
