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THE GOVERNMENT OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 328/2025/ND-CP
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Hanoi, December 18, 2025
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DECREE
ON THE INTERNATIONAL ARBITRATION
CENTER AFFILIATED TO THE INTERNATIONAL FINANCIAL CENTER IN VIETNAM
Pursuant
to Law on Government Organization No. 63/2025/QH15;
Pursuant
to Law on Commercial Arbitration No. 54/2010/QH12, amended and supplemented by
Law No. 81/2025/QH15 amending and supplementing some articles of the Law on the
Organization of People's Courts;
Pursuant
to Resolution No. 222/2025/QH15 on International Financial Centers in Vietnam;
At the
request of the Minister of Justice;
The
Government issues a Decree on the International Arbitration Center affiliated
to the International Financial Center in Vietnam
Chapter I
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Article 1. Scope
This
Decree elaborates and provides guidance on the implementation of point c2
Clause 1 Article 9, Clause 3 Article 30 of Resolution No. 222/2025/QH15 dated
June 27, 2025 of the National Assembly on the International Financial Center in
Vietnam (referred to as Resolution No. 222/2025/QH15) regarding the
establishment and operation of the International Arbitration Center affiliated
to the International Financial Center in Vietnam (referred to as the
International Arbitration Center); criteria for founders and arbitrators of the
International Arbitration Center.
Article 2. Regulated entities
1. The International
Arbitration Center, founders, and arbitrators of the International Arbitration
Center
2.
Members of the International Financial Center, investors, organizations,
individuals engaged in investment activities, business, and dispute resolution
at the International Arbitration Center.
3.
Executive body, supervisory body of the International Financial Center.
4. Other
relevant agencies, organizations, and individuals.
Chapter II
ESTABLISHMENT
AND OPERATION OF THE INTERNATIONAL ARBITRATION CENTER
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1. The
Minister of Justice shall decide approving the establishment of the
International Arbitration Center where there are at least 05 eligible founders
as stipulated in Clause 1 Article 7 of this Decree proposing the establishment.
2. The
International Arbitration Center shall be located at the International
Financial Center in Ho Chi Minh City, has its legal personality, seal, and
account; operate independently in terms of organization and finance.
3. The
establishment, registration, and public announcement about establishment of
International Arbitration Center shall comply with laws on commercial
arbitration and this Decree.
Article 4. Operation of the International Arbitration
Center
1. The
International Arbitration Center shall operate in accordance with laws on
commercial arbitration, Resolution No. 222/2025/QH15, and this Decree.
2. The
International Arbitration Center shall have the rights and obligations
stipulated in laws on commercial arbitration.
3. The
International Arbitration Center shall ensure the efficient, fair, and
transparent operations.
4. The
application of foreign laws by the International Arbitration Center shall
comply with Clause 2 Article 6 of Resolution No. 222/2025/QH15 and Clause 2
Article 14 of Law on Commercial Arbitration.
5. In
cases where parties agree to resolve disputes at the International Arbitration
Center, they may reach an agreement on waiver of the right to request the Court
to annul the decision on recognition of the successful mediation result or
valid arbitral award of the arbitration council of International Arbitration
Center. The Court shall not accept requests to annul the awards or decisions of
the arbitration council when the parties have a written agreement to waive this
right.
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The court
shall not refuse to annul the awards or decisions of the arbitration council in
the following cases:
a) The
waiver agreement falls under cases where the agreement is invalid as stipulated in Article 18 of Law
on Commercial Arbitration.
b) The
agreement is made after one party has submitted a request to annul the award or
decision of the arbitration council to the Court.
Article 5. Jurisdiction to resolve disputes of the
International Arbitration Center
1. The
International Arbitration Center has the jurisdiction to resolve disputes based
on agreements between parties in investment and business activities at the
International Financial Center according to rules and regulations issued by the
International Arbitration Center, except for disputes specified in clause 2 of
this Article.
2. The
International Arbitration Center does not have the jurisdiction to resolve the
following disputes:
a)
Disputes concerning administrative decisions, administrative actions of
regulatory bodies or competent persons;
b) Labor
disputes;
c)
Personal rights disputes;
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Article 6. Termination of operation of the International
Arbitration Center
1. The
operations of the International Arbitration Center shall be terminated in the
following cases:
a) It has
its establishment license or operation registration certificate revoked in
accordance with laws on commercial arbitration;
b) It
falls under any cases specified in the Charter of the International Arbitration
Center.
2.
Procedures and authority to terminate the operations of the International
Arbitration Center shall comply with laws on commercial arbitration/
Article 7. Eligibility for founders and arbitrators of the
International Arbitration Center
1. A
person may act as founder of the International Arbitration Center if:
a) He/she
is a Vietnamese citizen;
b) He/she
has the full civil act capacity under the Civil Code;
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d) He/she
is proficient in English at level 5 or higher in the foreign language
proficiency framework used in Vietnam or its equivalent.
dd)
He/she has at least 10 years of experience in dispute resolution through
arbitration in investment and business, especially in finance and banking.
e) He/she
has participated in issuance of at least 10 arbitral awards.
g) He/she
is an arbitrator of an arbitration center established according to Vietnamese
laws.
2. Both
Vietnamese and foreign citizens may act as arbitrators of the International
Arbitration Center. The International Arbitration Center sets the criteria for
its arbitrators.
3. A
person is not eligible to act as arbitrator if:
a) He/she
is serving as judges, prosecutors, investigators, enforcement officers, or
civil servants of the People's Court, People's Procuracy, or judgment
enforcement agency;
b) He/she
is the accused, defendant, person serving criminal sentences or has served the
sentences but his/her criminal record has not yet remitted.
Chapter III
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Article 8. Implementation clauses
1. This
Circular comes into force from December 18, 2025.
2. Where
legislative documents referenced in this Decree are replaced, amended, or
supplemented, the replaced, amended, or supplemented documents shall apply.
Article 9. Responsibility for implementation
Ministers,
heads of ministerial-level authorities, heads of Governmental authorities, the
Chairperson of the People's Committee of Ho Chi Minh City, the Chairperson of
the People's Committee of Da Nang City, relevant agencies and individuals shall
comply with this Decree.
PP. MINISTER
DEPUTY MINISTER
Pham Minh Chinh
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