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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
54/2010/QH12
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Hanoi,
June 17, 2010
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LAW
ON COMMERCIAL ARBITRATION
Pursuant to 1992 Constitution
of the Socialist Republic of Vietnam, which was amended and supplemented under
Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Commercial Arbitration.
Chapter 1
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law
provides for the jurisdiction of commercial arbitration, forms of arbitration,
arbitration institutions and arbitrators; arbitration order and procedures;
rights, obligations and responsibilities of parties in arbitral proceedings;
courts’ jurisdiction over arbitral activities; organization and operation of
foreign arbitrations in Vietnam, and enforcement of arbitral awards.
Article 2. Arbitration's jurisdiction to settle disputes
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2. Disputes
among parties at least one of whom conducts commercial activities.
3. Other
disputes among parties which are stipulated by law to be settled by
arbitration.
Article 3. Interpretation of terms
In this Law,
the terms below are construed as follows:
1. Commercial
arbitration means a mode of dispute settlement agreed by the parties and to
be conducted under this Law.
2. Arbitration
agreement means an agreement between the parties to settle by arbitration a
dispute which may arise or has arisen.
3. Disputing
parties means Vietnamese and foreign individuals, agencies or organizations
that participate in arbitral proceedings in the capacity as plaintiffs and
defendants.
4. Dispute
involving foreign elements means a dispute arising in commercial
relationships or other legal relationships involving foreign elements as
defined in the Civil Code.
5. Arbitrator
means a person selected by the parties or designated by an arbitration
center or a court to settle a dispute under this Law.
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7. Ad hoc
arbitration means a form of dispute settlement under this Law and the order
and procedures agreed by the parties.
8. Venue
for dispute settlement means a place in which an arbitration council
settles disputes which is selected as agreed by the parties or as decided by
the arbitration council if the parties have no such agreement. If a venue for
dispute settlement is within the Vietnamese territory, the award must be
regarded as having been pronounced in Vietnam regardless of the place in which
the arbitration council holds a meeting to issue such award.
9. Arbitral
decision means a decision of the arbitration council issued during the process
of dispute settlement.
10. Arbitral
award means a decision of the arbitration council settling the entire
dispute and terminating the arbitral proceedings.
11. Foreign
arbitration means an arbitration formed under a foreign law on arbitration
and selected as agreed by the parties to settle a dispute outside or within the
Vietnamese territory.
12. Foreign
arbitral award means an award pronounced by a foreign arbitration outside
or within the Vietnamese territory which is selected as agreed by the parties
to settle their disputes.
Article 4. Principles of dispute settlement by arbitration
1.
Arbitrators must respect the parties agreement if such agreement neither
breaches prohibitions nor contravenes social ethics.
2.
Arbitrators must be independent, objective and impartial and shall observe law.
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4. Dispute settlement
by arbitration shall be conducted in private, unless otherwise agreed by the
parties.
5. Arbitral
awards are final.
Article 5. Conditions for dispute settlement by arbitration
1. A dispute
shall be settled by arbitration if the parties have an arbitration agreement.
An arbitration agreement may be made either before or after a dispute arises.
2. When one
of the parties being an individual to an arbitration agreement dies or loses
his/her act capacity, such arbitration agreement remains valid for his/her heir
or representative at law. unless otherwise agreed by the parties.
3. When one
of the parties being an institution to an arbitration agreement has to
terminate its operation, goes bankrupt, or is dissolved, consolidated, merged,
divided, split up or reorganized, such arbitration agreement remains valid for
an institution that takes over the rights and obligations of the institution to
such arbitration agreement, unless otherwise agreed by the parties.
Article 6. Courts' refusal to accept cases in which there is
an arbitration agreement
In case the
disputing parties have reached an arbitration agreement but one party initiates
a lawsuit at a court, the court shall refuse to accept the case, unless the
arbitration agreement is invalid or unrealizable.
Article 7. Identification of courts which have competence over
arbitral activities
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2. In case
the parties have no agreement to select a court, the court's competence shall
be determined as follows:
a/ For the
designation of arbitrators to form an ad hoc arbitration council, the competent
court is the court in the place in which the defendant resides if the defendant
is an individual or the place in which the defendant has its head office if the
defendant is an institution. If there arc many defendants, the competent court
is the court in the place in which one of these defendants resides or has its
head office.
If the
defendant resides or has its head office in a foreign country, the competent
court is the court in the place in which the plaintiff resides or has its head
office;
b/ For the
change of an arbitrator of an ad hoc arbitration council, the competent court
is the court in the place in which the arbitration council settles the dispute:
c/ For a
request to settle a complaint about the arbitration council's decision that the
arbitration agreement was invalid or unrealizable or about the arbitration
council's jurisdiction, the competent court is the court in the place in which
the arbitration council issued such decision;
d/ For a
request for the court to collect evidence, the competent court is the court in
the place in which exists evidence to be collected;
e/ For a
request for the court to apply interim urgent measures, the competent court is
the court in the place in which such measures need to be applied;
f/ For
summoning a witness, the competent court is the court in the place in which the
witness resides;
g/ For a
request to cancel an arbitral award or register an ad hoc arbitral award, the
competent court is the court in the place in which the arbitration council
pronounced such arbitral award.
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Article 8. Identification of judgment enforcement agencies
competent to enforce arbitral awards or decisions of arbitration councils on
the application of interim urgent measures
1. Civil
judgment enforcement agencies competent to enforce arbitral awards are civil
judgment enforcement agencies of provinces or centrally run cities in which
arbitration councils issue the awards.
2. Civil
judgment enforcement agencies competent to enforce decisions of arbitration
councils on the application of interim urgent measures are civil judgment
enforcement agencies of provinces or centrally run cities in which the interim
urgent measures need to be applied.
Article 9. Negotiation and conciliation during arbitral proceedings
During
arbitral proceedings, the parties may freely negotiate and agree with each
other on the settlement of their dispute or request an arbitration council to
conduct conciliation for the parties to reach agreement on the settlement of
their dispute.
Article 10. Language
1. For
disputes involving no foreign element, the language to be used in arbitral
proceedings is Vietnamese, except disputes to which at least one party is a
foreign-invested enterprise. When a disputing party cannot use Vietnamese, it
may use an interpreter.
2. For
disputes involving foreign elements or disputes to which at least one party is
a foreign-invested enterprise, the parties shall reach agreement on the
language to be used in arbitral proceedings. If they have no such agreement,
the arbitration council shall decide on the language to be used in arbitral
proceedings.
Article 11. Venues for dispute settlement by arbitration
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2. Unless
otherwise agreed by the parties, the arbitration council may hold a meeting at
a venue regarded as appropriate for its members to exchange opinions, for
taking witnesses' statements, consulting experts or for assessing goods, assets
or other documents.
Article 12. Sending of notices and order of sending
Unless
otherwise agreed by the parties or provided by the arbitration center's rules
of proceedings, the mode and order of sending notices in arbitral proceedings
arc specified as follows:
1. Each
party's written explanations, correspondence papers and other documents shall
be sent to the arbitration center or arbitration council in sufficient copies
so that every member of the arbitration council and the other party has one
copy, and one copy is preserved at the arbitration center;
2. Notices
and documents to be sent by the arbitration center or arbitration council to
the parties shall be sent to the addresses or to their representatives at the
correct addresses notified by the parties;
3. Notices
and documents may be sent by the arbitration center or arbitration council
directly, in registered or ordinary mails, by fax. telex, telegram, email, or
other modes which acknowledge such sending;
4. Notices
and documents sent by the arbitration center or arbitration council will be
regarded as having been received on the date the parties or their
representatives receive them or if such notices and documents have been sent
under Clause 2 of this Article:
5. The time
limit for receiving notices and documents shall be counted from the date
following the date such notices and documents are regarded as having been
received. If the following date falls on a holiday or day off under regulations
of the country or territory in which the notices and documents have been
received. this time limit shall be counted from the subsequent first working
day. If the last day of this time limit falls on a holiday or day off under
regulations of such country or territory, the time of expiration is the end of
the subsequent first working day.
Article 13. Loss of the right to protest
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Article 14. Applicable laws for dispute settlement
1. For a
dispute involving no foreign element, the arbitration council shall apply
Vietnamese law for settling the dispute.
2. For a
dispute involving foreign elements. the arbitration council shall apply the law
selected by the parties. If the parties have no agreement on the applicable
law, the arbitration council shall decide to apply a law it sees the most
appropriate.
3. When the
Vietnamese law or law selected by the parties contains no specific provisions
concerning the dispute, the arbitration council may apply international
practices for settling the dispute, provided such application or consequence of
such application does not contravene the fundamental principles of Vietnamese
law.
Article 15. State management of arbitration
1. State
management of arbitration covers:
a/
Promulgating, and guiding the implementation of, legal documents on
arbitration;
b/ Granting
and revoking establishment licenses and operation registration papers of
arbitration centers; or branches and representative offices of foreign arbitration
institutions in Vietnam;
c/ Announcing
lists of arbitrators of arbitration institutions operating in Vietnam;
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c/ Examining,
inspecting, and handling violations of the arbitration law;
f/ Settling
complaints and denunciations related to the activities specified at Points b,
c. d and e of this Clause.
2. The
Government shall perform the unified state management of arbitration.
3. The
Ministry of Justice shall take responsibility before the Government for
performing the state management of arbitration.
4.
Provincial-level Justice Departments shall assist the Ministry of Justice in
performing several tasks under the Government's regulations and this Law.
Chapter II
ARBITRATION AGREEMENTS
Article 16. Forms of arbitration agreement
1. An
arbitration agreement may be made in the form of an arbitral clause in a contract
or in the form of a separate agreement.
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a/ Agreement
made through communication between the parties by telegram, fax, telex, email
or other forms provided for by law;
b/ Agreement
made through exchange of written information between the parties;
c/ Agreement
recorded in writing by a lawyer, notary public or competent institution at the
request of the parties:
d/ In their
transactions, the parties make reference to a document such as a contract,
document, company charter or other similar documents which contains an
arbitration agreement;
e/ Agreement
made through exchange of petitions and self-defense statements which reflect
the existence of an agreement proposed by a party and not denied by the other
party.
Article 17. Consumer right to select dispute settlement modes
For disputes
between goods or service providers and customers, though an arbitral clause has
been included in general conditions on goods and service provision drafted by
goods or service providers, consumers may select arbitration or a court to
settle these disputes. Goods or service providers may initiate lawsuits at
arbitration only if so consented by consumers.
Article 18. Invalid arbitration agreements
1. Disputes
arise in the domains falling beyond the arbitration's jurisdiction defined in
Article 2 of this Law.
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3. The
arbitration agreement maker has no civil act capacity under the Civil Code.
4. The form
of the arbitration agreement is incompliant with Article 16 of this Law.
5. A party is
deceived, intimidated or compelled in the course of making the arbitration
agreement and requests a declaration that such arbitration agreement is
invalid.
6. The
arbitration agreement breaches prohibitions specified by law.
Article 19. Independence of arbitration agreement
An
arbitration agreement is entirely independent from the contract. Any
modification, extension, cancellation, invalidation or nonperformance of the
contract will not invalidate the arbitration agreement.
Chapter III
ARBITRATORS
Article 20. Criteria of arbitrators
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a/ Having the
full civil act capacity under the Civil Code;
b/ Possessing
a university degree and having at least 5 years* work experience in the trained
discipline:
c/ In special
cases, an expert who has high professional qualifications and much practical
experience, though not satisfying the requirement specified at Point b of this
Clause, may also be selected as arbitrator.
2. Persons
who satisfy all the conditions specified in Clause 1 of this Article but fall
into either of the following cases may not act as arbitrators:
a/ Incumbent
judges, procurators, investigators, enforcement officers or civil servants of
peoples courts, peoples procuracies, investigative agencies or judgment
enforcement agencies:
b/ The accused,
defendants, persons serving criminal sentences or having served the sentences
but having their criminal records not yet remitted.
3.
Arbitration centers may set criteria for their arbitrators which are higher
than those specified in Clause 1 of this Article.
Article 21. Rights and obligations of arbitrators
1. To accept
or refuse to settle disputes.
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3. To refuse
to provide dispute-related information.
4. To enjoy
remuneration.
5. To keep
secret the circumstances of disputes they settle, unless they have to provide
information to competent state agencies under law.
6. To ensure
impartial, fast and prompt settlement of disputes.
7. To adhere
to the rules of professional ethics.
Article 22. The arbitration association
The
arbitration association is a socio-professional organization of arbitrators and
arbitration centers nationwide. The establishment and operation of the
arbitration association comply with the law on professional associations.
Chapter IV
ARBITRATION CENTERS
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Article 24. Conditions and procedures for the establishment
of arbitration centers
1. An
arbitration center may be established when at least 5 founding members being
Vietnamese citizens who satisfy all the criteria of arbitrators specified in
Article 20 of this Law request such establishment and this center is granted an
establishment license by the Minister of Justice.
2. A dossier
of request for establishment of an arbitration center comprises:
a/ A written
request;
b/ Draft
charter of the arbitration center, made according to a form issued by the
Ministry of Justice:
c/ List of
founding members and enclosed papers evidencing their eligibility under Article
20 of this Law.
3. Within 30
days after receiving a complete and valid dossier, the Minister of Justice
shall grant an arbitration center establishment license and approve the
arbitration center's charter. In case of refusal, he/she shall issue a written
reply clearly stating the reason.
Article 25. Registration of the operation of arbitration
centers
Within 30
days after receiving its establishment license, an arbitration center shall
register its operation at the provincial-level Justice Department of the
locality in which it has its head office. Past this time limit, if the arbitration
center fails to register its operation, its license will no longer be valid.
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Article 26. Announcement of the establishment of arbitration
centers
1. Within 30
days after obtaining its operation registration paper, an arbitration center
shall publish in 3 consecutive issues of a central daily or a local daily of
the locality in which it registers its operation the following principal
details:
a/ Name and
address of its head office;
b/ Its
operations;
c/ Serial
number of the operation registration paper, issuer and date of issuance;
d/ Time of
commencing its operation.
2. An arbitration
center shall post up at its head office the details specified in Clause 1 of
this Article and the list of its arbitrators.
Article 27. Legal entity status and structure of arbitration
centers
1.
Arbitration centers have the legal entity status and their own seals and bank
accounts.
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3.
Arbitration centers may set up their branches and representative offices at
home and abroad.
4. An
arbitration center has the Executive Board and Secretariat. The structure and
apparatus of an arbitration center shall be prescribed in its charter.
The Executive
Board of an arbitration center is composed of the chairman, vice chairman
(chairmen) and may also include a secretary general appointed by the chairman.
The chairman is an arbitrator.
5. An
arbitration center has a list of arbitrators.
Article 28. Rights and obligations of arbitration centers
1. To draft
their charter and rules of proceedings which must be in accordance with this
Law.
2. To set out
criteria for arbitrators and processes of selection and listing arbitrators and
deleting names of arbitrators from their lists of arbitrators.
3. To send
their lists of arbitrators and modifications to these lists to the Ministry of
Justice for announcement.
4. To
designate arbitrators for forming arbitration councils in the cases specified
in this Law.
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6. To provide
administrative, office and other services for dispute settlement.
7. To collect
arbitration charges and other lawful amounts related to arbitral operations.
8. To pay
remuneration and other expenses to arbitrators.
9. To train
arbitrators for raising their dispute settlement qualifications and skills.
10. To
annually report on their operation to provincial-level Justice Departments of
localities in which they register their operation.
11. To
preserve dossiers and provide copies of arbitral decisions at the request of
disputing parties or competent state agencies.
Article 29. Termination of the operation of arbitration
centers
1. An
arbitration center shall terminate its operation:
a/ In the
cases specified in its charter;
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2. The
Government shall detail cases subject to revocation of establishment licenses
or operation registration papers and the order and procedures for terminating
the operation of arbitration centers.
Chapter V
INITIATION OF LAWSUITS
Article 30. Petitions and enclosed documents
1. When a
dispute is settled at an arbitration center, the plaintiff shall file a
petition with the arbitration center. When a dispute is settled by ad hoc
arbitration, the plaintiff shall make a petition and send it to the defendant.
2. A petition
contains:
a/ Date of
its making;
b/ Names and
addresses of the parties; names and addresses of witnesses, if any;
c/ Summary of
the circumstances of the dispute:
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e/ Specific
requirements of the plaintiff and the value of the dispute:
f/ Name and
address of the person whom the plaintiff selects as arbitrator or requests to
be designated as arbitrator.
3. Enclosed
with the petition shall be the arbitration agreement and the originals or
copies of relevant documents.
Article 31. Time of commencing arbitral proceedings
1. When a
dispute is settled by an arbitration center, unless otherwise agreed by the
parties, the time of commencing arbitral proceedings is the time the
arbitration center receives the plaintiff's petition.
2. When a
dispute is settled by ad hoc arbitration, unless otherwise agreed by the
parties, the time of commencing arbitral proceedings is the time the defendant
receives the plaintiff's petition.
Article 32. Notification of petitions
Unless
otherwise agreed by the parties or provided by the rules of proceedings of an
arbitration center, within 10 days after receiving the plaintiff's petition,
enclosed documents and arbitration charge receipt, the arbitration center shall
send to the defendant copies of the petition and documents specified in Clause
3. Article 30 of this Law.
Article 33. Statute of limitations for initiating a lawsuit
for dispute settlement by arbitration
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Article 34. Arbitration charge
1.
Arbitration charge is a revenue from the provision of services for dispute
settlement by arbitration. The arbitration charge covers:
a/
Remuneration and travel and other expenses for arbitrators:
b/ Charge for
expert consultation and other assistance at the request of the arbitration
council: c/Administrative charge;
d/ Charge for
designation of the arbitration centers ad hoc arbitrators at the request of the
disputing parties:
e/ Charge for
use of other services provided by the arbitration center.
2. The
arbitration charge shall be set by the arbitration center. When a dispute is
settled by ad hoc arbitration, the arbitration charge shall be set by the
arbitration council.
3. The losing
party shall bear the arbitration charge, unless otherwise agreed by the parties
or provided by the rules of arbitral proceedings or allocated by the
arbitration council.
Article 35. Self-defense statements and the sending thereof
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a/ Date of
making;
b/ Name and
address of the defendant;
c/ Grounds and
evidence, if any. for self-defense;
d/ Name and
address of the person whom the defendant selects as arbitrator or requests for
designation as arbitrator.
2. For a
dispute to be settled at an arbitration center, unless otherwise agreed by the
parties or provided by the arbitration center's rules of proceedings, within 30
days after receiving a petition and enclosed documents, the defendant shall
send to the arbitration center a self-defense statement. At the request of one
party or all parties, this time limit may be extended by the arbitration center
based on the particular circumstances of the case.
3. For a
dispute to be settled by ad hoc arbitration, unless otherwise agreed by the
parties, within 30 days after receiving the plaintiff's petition and enclosed
documents, the defendant shall send to the plaintiff and arbitrator the
self-defense statement and name and address of the person whom the defendant
selects as arbitrator.
4. When the
defendant assumes that the dispute falls beyond the jurisdiction of
arbitration, or there is no arbitration agreement, or the arbitration agreement
is invalid or unrealizable, the defendant shall clearly indicate such in the
self-defense statement.
5. If the
defendant fails to submit the self-defense statement under Clauses 2 and 3 of
this Article, the dispute settlement will still proceed.
Article 36. Defendants' counter-claims
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2. The
defendant's counter-claim shall be sent to the arbitration center. When a
dispute is settled by ad hoc arbitration, such counter-claim shall be sent to
the arbitration council and plaintiff. The counter-claim shall be submitted
simultaneously with a self-defense statement.
3. Within 30
days after receiving a counter claim, the plaintiff shall send the self-defense
statement to the arbitration center. When a dispute is settled by ad hoc
arbitration, the plaintiff shall send the self-defense statement to the
arbitration council and defendant.
4. The
arbitration council that settles the plaintiff's petition shall settle a
counter-claim according to the order and procedures for settling plaintiffs'
petitions under this Law.
Article 37. Withdrawal of petitions or counter-claims;
modification and supplementation of petitions, counter-claims or self-defense
statements
1. Before the
arbitration council makes an arbitral award, the parties may withdraw their
petition or counter-claim.
2. In the
course of arbitral proceedings, the parties may modify and supplement their
petition, counter-claim or self-defense statement. The arbitration council has
the right to reject such modification and supplementation if seeing that it may
be abused to obstruct or delay the making of an arbitral award or falls beyond
the scope of the arbitration agreement applicable to the dispute.
Article 38. Negotiation in arbitral proceedings
From the lime
of commencing arbitral proceedings, the parties may themselves negotiate and
agree to terminate the dispute settlement.
When the
parties agree to terminate the dispute settlement, they may request chairman of
the arbitration center to issue a decision suspending the dispute settlement.
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ARBITRATION COUNCIL
Article 39. Composition of an arbitration council
1. An
arbitration council may be composed of one or more arbitrators as agreed by the
parties.
2. When the
parties fail to reach agreement on the number of arbitrators, an arbitration
council shall be composed of three arbitrators.
Article 40. Formation of an arbitration council at an arbitration
center
Unless
otherwise agreed by the parties or provided by the arbitration center's rules
of proceedings, the formation of an arbitration council is specified as
follows:
1. Within 30
days after receiving a petition and request for selecting an arbitrator sent by
the arbitration center, the defendant shall select an arbitrator and notify
such to the arbitration center or request the arbitration center's chairman to
designate an arbitrator; otherwise, within 7 days after the expiration of the
time limit specified in this Clause, the arbitration center's chairman shall
designate an arbitrator for the defendant;
2. For a
dispute involving many defendants, within 30 days after receiving a petition
sent by the arbitration center, the defendants shall agree to select an
arbitrator or to request designation of an arbitrator. If the defendants cannot
select an arbitrator, within 7 days after the expiration of the time limit
specified in this Clause, the arbitration center's chairman shall designate an
arbitrator for the defendants;
3. Within 15
days after being selected by the parties or designated by the arbitration
center's chairman, the arbitrators shall elect another arbitrator as the
chairman of the arbitration council. Past this time limit, if this election
cannot take place, within 7 days the arbitration center's chairman shall
designate the chairman of the arbitration council:
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Article 41. Formation of ad hoc arbitration councils
Unless
otherwise agreed by the parties, the formation of an ad hoc arbitration council
is specified as follows:
1. Within 30
days after receiving the plaintiff's petition, the defendant shall select an
arbitrator and notify the selection to the plaintiff. Past this lime limit, if
the defendant fails to notify the plaintiff of the name of the selected
arbitrator and the parties do not otherwise agree on designation of an
arbitrator, the plaintiff may request a competent court to designate an
arbitrator for the defendant;
2. For a
dispute involving many defendants, these defendants shall agree to select an
arbitrator within 30 days after receiving the plaintiff's petition and enclosed
documents. Past this time limit, if the defendants cannot select an arbitrator
and the parties do not otherwise agree on designation of an arbitrator, one
party or all parties may request a competent court to designate an arbitrator
for the defendants;
3. Within 15
days after being selected by the parties or designated by the court, the
arbitrators shall elect another arbitrator as the chairman of the arbitration
council. When the arbitration council's chairman cannot be elected and the
parties do not otherwise agree, they may request a competent court to designate
the chairman of the arbitration council;
4. When the
parties agree that their dispute shall be settled by a sole arbitrator but fail
to select such arbitrator within 30 days after the defendant receives a
petition, if the parties do not agree to request an arbitration center to
designate an arbitrator, the competent court shall, at the request of one party
or all parties, designate a sole arbitrator.
5. Within 7
days after receiving the parties' request under Clause 1, 2, 3 or 4 of this Article,
the president of the competent court shall assign a judge to designate an
arbitrator and notify such to the parties.
Article 42. Change of arbitrators
1, An
arbitrator shall refuse to settle a dispute and the parties may request change
of an arbitrator to settle the dispute in the following cases:
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b/ The
arbitrator has an interest related to the dispute;
c/ There is a
clear ground to conclude that the arbitrator is neither impartial nor
objective;
d/ The
arbitrator was a conciliator, representative or lawyer of one party before the
dispute is brought to arbitration for settlement. unless such is consented in
writing by the parties.
2. After
being selected or designated, the arbitrator shall notify in writing the
arbitration center or arbitration council and parties of the circumstances
which may affect his/her objectivity or impartiality.
3. For a
dispute to be settled at an arbitration center, pending the formation of an
arbitration council, the arbitration center's chairman shall decide on the
change of an arbitrator. If the arbitration council has been formed, such
change shall be decided by other members of the arbitration council. When these
members cannot make decision or if the arbitrators or the sole arbitrator
refuse(s) to settle the dispute, the arbitration center's chairman shall decide
on change of the arbitrator.
4. For a
dispute to be settled by an ad hoc arbitration council, change of an arbitrator
shall be decided by other members of the arbitration council. When these
members cannot make decision or if the arbitrators or the sole arbitrator
refuse(s) to settle the dispute, within 15 days after receiving a request from
the arbitrator(s) and one disputing party or all disputing parties, the
president of the competent court shall assign a judge to decide on change of
the arbitrator.
5. The
decision of the arbitration center's chairman or court in the cases specified
in Clauses 3 and 4 of this Article is final.
6. When the
arbitrator cannot continue participating in the settlement of a dispute due to
force majeure circumstances or objective obstacles or is changed, the selection
or designation of a new arbitrator comply with the order and procedures
specified in this Law.
7. After
consulting the parties, the newly formed arbitration council may re-consider
the matters presented at the former arbitration council's previous dispute
settlement meetings.
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1. Before
considering the circumstances of a dispute, the arbitration council shall
consider the validity of the arbitration agreement and whether such agreement
can be realized, and consider its jurisdiction. If the dispute falls within its
jurisdiction, the arbitration council shall settle it under this Law. If the
dispute falls beyond its jurisdiction or the arbitration agreement is invalid
or unrealizable, the arbitration council shall decide to terminate the dispute
settlement and immediately notify the parties thereof.
2. In the
course of dispute settlement, if detecting that the arbitration council acts
ultra vires, the parties may lodge a complaint with the arbitration council.
The arbitration council shall consider and decide on this issue.
3. When the
parties agree to have their dispute settled by a specific arbitration center,
but such center has terminated its operation without any other arbitration
institution succeeding it. the parties may agree to select another arbitration
center: otherwise, they may bring their dispute to court for settlement.
4. When the
parties agree to select an ad hoc arbitrator but at the time their dispute
arises, the arbitrator cannot conduct the settlement of the dispute due to
force majeure circumstances or objectives obstacles, the parties may agree to
select another arbitrator in replacement; otherwise, they may bring their
dispute to court for settlement.
5. When the parties
have an arbitration agreement but fail to indicate the form of arbitration or
cannot identify a specific arbitration institution, if a dispute arises, the
parties shall agree again on the form of arbitration or a specific arbitration
institution to settle the dispute. If no agreement can be reached, the form of
arbitration or an arbitration institution to settle the dispute shall be
selected at the plaintiff's request.
Article 44. Complaints and settlement of complaints about an
arbitration council's decision on the non-existence, invalidation or
unrealizableness of an arbitration agreement, and jurisdiction of the
arbitration council
1. If
disagreeing with any decision of the arbitration council specified in Article
43 of this Law. within 5 working days after receiving this decision, the
parties may file a request with a competent court to re-consider such decision.
The complainant shall concurrently notify such complaint to the arbitration
council.
2. A
complaint must contain:
a/ Date of
making;
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c/ Details of
the request.
3. A
complaint shall be enclosed with copies of the petition, arbitration agreement
and arbitration council's decision. Enclosed papers in a foreign language shall
be translated into Vietnamese and their translations be legally certified.
4. Within 5
working days after receiving a complaint, the president of the competent court
shall assign a judge to consider and settle the complaint. Within 10 working
days after being assigned, such judge shall consider the complaint and make a
decision. The court's decision is final.
5. While the
court is processing the complaint, the arbitration council may continue the
dispute settlement.
6. When the
court decides that the dispute falls beyond the arbitration council's
jurisdiction, or there is no arbitration agreement or the arbitration agreement
is invalid or unrealizable, the arbitration council shall decide to terminate
the dispute settlement. Unless otherwise agreed by the parties, they may bring
the dispute to a court within the statute of limitations specified by law. The
period from the date the plaintiff initiates a lawsuit at arbitration to the
date the court decides to accept the dispute is not included in the statute of
limitations for initiating a lawsuit.
Article 45. The arbitration council's jurisdiction to verify
matters
In the course
of dispute settlement, an arbitration council may meet or exchange with one
party in the presence of the other party in appropriate forms to clarify
matters related to the dispute. The arbitration council may itself or at the
request of one party or all parties study a matter from a third person in the
presence of the parties or after notifying such to the parties.
Article 46. The arbitration council's jurisdiction to collect
evidence
1. The
parties have the right and obligation to provide evidence to the arbitration
council to prove matters related to their dispute.
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3. The
arbitration council may itself or at the request of one party or all parties
request an appraisal and valuation of assets in the dispute as a basis for
settling the dispute. Appraisal and valuation expenses shall be advanced by the
appraisal and valuation requester or allocated by the arbitration council.
4. The
arbitration council may itself or at the request of one party or all parties
consult experts. Expert expenses shall be advanced by the consultation
requester or allocated by the arbitration council.
5. If the
arbitration council, one party or all parties have applied necessary measures
to collect evidence but cannot itself/themselves collect evidence, they may
propose in writing the competent court to request agencies, organizations and
individuals to provide legible, audible or visible documents or other objects
related to the dispute. Such a proposal must clearly indicate the circumstances
of the dispute, evidence to be collected, reasons for the failure to collect
evidence, names and addresses of agencies, organizations and individuals that
manage and preserve such evidence.
6. Within 7
working days after receiving a proposal for evidence collection, the president
of the competent court shall assign a judge to consider and deal with this
proposal. Within 5 working days after being assigned, such judge shall request
in writing agencies, organizations and individuals that are managing and
preserving evidence to provide it for the court and send such proposal to the
same-level procuracy for the latter to perform its functions and tasks under
law.
Agencies,
organizations and individuals that are managing and preserving the evidence
shall fully and promptly provide such evidence at the court's request within 15
days after receiving the request.
Within 5
working days after receiving the evidence provided by agencies, organizations
and individuals, the court shall notify such to the arbitration council and
requester for delivery and receipt of evidence.
Past this
time limit, if agencies, organizations and individuals fail to provide the
evidence as requested, the court shall immediately notify such to the
arbitration council and requester and. at the same time, request in writing
competent agencies or organizations to handle the failure under law.
Article 47. The arbitration council's jurisdiction to summon
witnesses
1. At the
request of one party or all parties and when necessary, the arbitration council
may request witnesses to appear at meetings to settle the dispute. Witness
expenses shall be borne by the requester for such summon or allocated by the
arbitration council.
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3. Within 7
working days after receiving the arbitration council's written request to
summon the witness, the president of the competent court shall assign a judge
to consider and deal with such request. Within 5 working days after being
assigned, such judge shall issue a decision to summon the witness.
A
witness-summoning decision must clearly indicate the name of the arbitration
council requesting such summoning; circumstances of the dispute; name and
address of the witness; and time and place for the witness lo attend the
meeting.
The court shall
immediately send this decision to the arbitration council, the witness, and
concurrently lo the same-level procuracy for the latter to perform its
functions and tasks under law.
The witness
shall strictly observe the court's decision.
Witness
expenses comply with Clause 1 of this Article.
Chapter VII
INTERIM URGENT MEASURES
Article 48. Right to request application of interim urgent
measures
1. The
disputing parties may request the arbitration council or a court to apply
interim urgent measures under this Law and relevant laws, unless otherwise
agreed by the parties.
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Article 49. The arbitration council's competence to apply
interim urgent measures
1. At the
request of one of the parties, the arbitration council may apply one or more
interim urgent measures to the disputing parties.
2. Interim
urgent measures include:
a/ Prohibiting
any change in the status of assets under dispute;
b/
Prohibiting or forcing any disputing party to commit one or more certain acts
to prevent acts which adversely affect the process of arbitral proceedings;
c/
Distraining assets under dispute;
d/ Requesting
preservation, storage, sale or disposal of any asset of one disputing party or
all disputing parties;
e/ Requesting
temporary money payment between the parties;
f/
Prohibiting transfer of the rights to assets under dispute.
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4. Before
applying interim urgent measures, the arbitration council may force the party
that requests such application to perform the financial security obligation.
5. The
arbitration council which applies other interim urgent measures or those in
excess of the requester's request for application of interim urgent measures,
thus causing damage to the requester, the party to which these measures are
applied or a third person, the damage sufferer may sue for compensation under
the civil procedure law.
Article 50. Procedures for the arbitration council to apply
interim urgent measures
1. The
requester for application of interim urgent measures shall send a written
request to the arbitration council.
2. A written
request for application of interim urgent measures must contain:
a/ Date of
making:
b/ Name and
address of the requester;
c/ Name and
address of the party to whom/ which interim urgent measures are to be applied:
d/ Summary of
the circumstances of the dispute;
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f/ Interim
urgent measures to be applied and specific requirements.
In addition
to the request, the requester shall provide the arbitration council with
evidence to prove the necessity to apply such interim urgent measures.
3. As decided
by the arbitration council, the requester shall deposit a sum of money,
precious metal, gemstone or valuable papers of a value set by the arbitration
council equivalent to the amount of the loss which could be caused by improper
application of interim urgent measures in order to protect the requester's
interests. Such a sum of money, precious metal, gemstone or valuable papers
shall be deposited in a blocked account at a bank decided by the arbitration
council.
4. Within 3
working days after receiving a request, immediately after the requester has
provided the security specified in Clause 3 of this Article, the arbitration
council shall consider and decide to apply interim urgent measures. In case of
refusal, the arbitration council shall issue a written notice clearly stating
the reason to the requester.
5. The
enforcement of the arbitration council's decision to apply interim urgent
measures complies with the law on enforcement of civil judgments.
Article 51. The arbitration council's jurisdiction and procedures
for changing. supplementing or canceling interim urgent measures
1. At the
request of one party, the arbitration council may change, supplement or cancel
interim urgent measures at any lime during the dispute settlement.
2. Procedures
for changing or supplementing interim urgent measures comply with Article 50 of
this Law.
3. The
arbitration council may cancel the applied interim urgent measures in the
following cases:
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b/ The party
subject to the enforcement of the decision to apply interim urgent measures has
handed over its assets or another person has implemented the obligation
security measure towards the requester;
c/ The
obligation of the obliged party terminates under law.
4. Procedures
for canceling interim urgent measures are specified as follows:
a/ The
requester files a request for such cancellation with the arbitration council;
b/ The
arbitration council considers and decides to cancel interim urgent measures and
considers and decides to allow the requester to receive back the security
assets specified in Clause 3, Article 50 of this Law. unless the requester has
to compensate for a wrongful request causing damage to the party to which
interim urgent measures are applied, or to a third person.
A decision to
cancel interim urgent measures shall immediately be sent to the disputing
parties and the civil judgment enforcement agency.
Article 52. Responsibilities of requesters for application of
interim urgent measures
A requester
for application of interim urgent measures shall take responsibility for
his/her request. He/she shall compensate for his/her wrongful request causing
damage to the other party or a third person.
Article 53. The court's jurisdiction, order and procedures
for applying, changing or canceling interim urgent measures
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2. Within 3
working days after receiving such request, the president of the competent court
shall assign a judge to consider and deal with the request. Within 3 working
days after being assigned, such judge shall consider and decide to apply or not
to apply interim urgent measures. The judge shall decide to apply interim
urgent measures immediately after the requester takes the security measure. In
case of refusal, the judge shall issue a written notice clearly stating the
reason to the requester.
3. A party
may request a court to change, supplement or cancel interim urgent measures.
The assignment of a judge to consider and deal with such request complies with
Clause 2 of this Article.
4. The order
and procedures for applying, changing, adding or canceling a court's interim
urgent measures and inspecting law observance during the application of these
measures comply with the Civil Procedure Code.
5. During the
dispute settlement, if one party has requested the arbitration council to apply
one or several interim urgent measures but later requests in writing a court to
apply these measures, the court shall refuse such request and return the
request. unless such request falls beyond the arbitration council's
jurisdiction.
Chapter VIII
DISPUTE SETTLEMENT
MEETINGS
Article 54. Preparation for dispute settlement meetings
1. Unless
otherwise agreed by the parties or provided by the arbitration center's rules of
proceedings, the arbitration council shall decide on the time and venue for
holding dispute settlement meetings.
2. Unless
otherwise agreed by the parties or provided by the arbitration center's rules of
proceedings, summons to a meeting shall be sent to the parties at least 30 days
before the meeting starts.
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1. A dispute
settlement meeting shall be held in private, unless otherwise agreed by the
parties.
2. The
parties may personally, or authorize their representatives to. attend dispute
settlement meetings and may invite witnesses and persons to protect their
lawful rights and interests.
3. When
agreed by the parties, the arbitration council may allow others to attend
dispute settlement meetings.
4. The order
and procedures for holding dispute settlement meetings shall be specified in
the arbitration center's rules of arbitral proceedings or agreed by the parties
in case of ad hoc arbitration.
Article 56. Absence of the parties
1. The
plaintiff who has properly been summoned to attend a dispute settlement meeting
but is absent without a plausible reason or leaves the meeting without the
arbitration council's approval will be regarded as having withdrawn his/her
petition. In this case, the arbitration council shall proceed with the dispute
settlement if the plaintiff so requests or files a counter-claim.
2. In case
the defendant who has properly been summoned to attend a dispute settlement
meeting but is absent without a plausible reason or leaves the meeting without
the arbitration councils approval, the arbitration council shall still proceed
with the dispute settlement based on available documents and evidence.
3. At the
request of the parties, the arbitration council may base itself on the dossiers
to hold a dispute settlement meeting without the parties' presence.
Article 57. Postponement of a dispute settlement meeting
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The
arbitration council shall decide on the postponement duration.
Article 58. Conciliation and recognition of successful
conciliation
At the
request of the parties, the arbitration council shall conduct conciliation for
the parties to reach agreement on the settlement of their dispute. If such an
agreement can be reached, the arbitration council shall make a record of
successful conciliation and have it signed by the parties and certified by the
arbitrators. The arbitration council shall issue a decision recognizing the
parties" agreement. This decision is final and as valid as an arbitral
award.
Article 59. Termination of dispute settlement
1. Settlement
of a dispute shall be terminated in the following cases:
a/ The
individual plaintiff or defendant is dead without any heir of his/her rights
and obligations:
b/ The
institutional plaintiff or defendant has terminated its operation, gone
bankrupt, or has been dissolved, consolidated, merged, divided, split up or
reorganized without any agency or institution taking over its rights and
obligations;
c/ The
plaintiff withdraws his/her petition or is regarded as having withdrawn his/her
petition under Clause 1. Article 56 of this Law. unless the defendant requests
the settlement of the dispute to be continued;
d/ The
parties agree to terminate the dispute settlement:
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2. The
arbitration council shall issue a decision terminating the dispute settlement.
If the arbitration council has not yet been formed, the arbitration center's
chairman shall issue such decision.
3. When
receiving a decision terminating the dispute settlement, the parties may not
sue to request the arbitration to re-settle the dispute if there is no change
in the plaintiff, defendant and legal relationships related to the dispute,
except the cases specified at Point c and e. Clause 1 of this Article.
Chapter IX
ARBITRAL AWARDS
Article 60. Principles of issuance of awards
1. The
arbitration council shall issue an arbitral award on the basis of majority
vote.
2. In case a majority
vote cannot be obtained, an arbitral award shall be issued based on the opinion
of the arbitration council's chairman.
Article 61. Contents, form and validity of an arbitral award
1. An
arbitral award must be in writing and contain the following principal details:
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b/ Names and
addresses of the plaintiff and defendant;
c/ Name and
address of the arbitrator;
d/ Summary of
the circumstances of the petition and matters under dispute;
e/ Grounds
for issuing the award, unless the parties agree that it is unnecessary to
indicate these grounds;
f/ Results of
the dispute settlement;
g/ Time limit
for enforcement of the award;
h/ Allocation
of arbitration and other relevant expenses;
i/ The
arbitrator's signature.
2. When the
arbitrator fails to sign the arbitral award, the arbitration council's chairman
shall indicate such failure in the arbitral award and clearly state the reason.
In this case, the arbitral award remains effective.
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4. An
arbitral award shall be sent to the parties immediately after the date of its
issuance. The parties may request the arbitration center or ad hoc arbitration
council to issue copies of the arbitral award.
5. An
arbitral award is final and takes effect on the date of its signing.
Article 62. Registration of ad hoc arbitration's awards
1. At the
request of one disputing party or all disputing parties, an award of ad hoc
arbitration shall be registered at the court in the place in which the
arbitration council issued the award before requesting a competent civil
judgment enforcement agency to organize enforcement of such award. Registration
or non-registration of an arbitral award does not affect the contents and legal
validity of the award.
2. Within 1
year after an arbitral award is issued, the party requesting registration of an
award of ad hoc arbitration shall file an application for such registration to
the competent court defined in Clause 1 of this Article, enclosed with
originals or true copies of the following documents:
a/ Arbitral
award issued by the ad hoc arbitration council:
b/ Minutes of
the ad hoc arbitration council's dispute settlement meeting, if any;
c/ Original
or certified copy of the arbitration agreement.
The requester
shall take responsibility for the truthfulness of the documents sent to the
court.
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4. Contents
of registration of an arbitral award:
a/ Time and
place of registration;
b/ Name of
the court making registration;
c/ Name and
address of the requester for registration;
d/ The
registered award; e/ Signature of the competent person and seal of the court.
Article 63. Correction and explanation of awards; additional
awards
1. Within 30
days after receiving an award, unless otherwise agreed by the parties, a party
may request the arbitration council to correct obvious spelling errors or
erroneous or incorrectly calculated data in the award but shall immediately
notify the other party thereof. If the arbitration council considers this
request reasonable, it shall correct the errors within 30 days after receiving
the request.
2. Within 30
days after receiving an award, unless otherwise agreed by the parties, a party
may request the arbitration council to explain details of the award but shall
immediately notify the other party thereof. If the arbitration council
considers this request reasonable, it shall give an explanation within 30 days
after receiving the request. Such explanation constitutes part of the award.
3. Within 30
days after issuing an award, the arbitration council may on its own initiative
correct errors specified in Clause 1 of this Article and shall immediately
notify such to the parties.
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5. When
necessary, the arbitration council may extend the time limits for correction or
explanation of awards or issuance of additional awards specified in Clauses I.
2 and 4 of this Article.
Article 64. Preservation of dossiers
1. An
arbitration center shall preserve dossiers of disputes it has accepted.
Dossiers of disputes settled by ad hoc arbitration shall be preserved by the
parties or arbitrators.
2.
Arbitration dossiers shall be preserved for 5 years after the issuance of the
arbitral award or decision terminating the dispute settlement by arbitration.
Chapter X
ENFORCEMENT OF ARBITRAL
AWARDS
Article 65. Voluntary compliance with arbitral awards
The State
encourages the parties to voluntarily comply with arbitral awards.
Article 66. Right to request compliance with arbitral awards
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2. For ad hoc
arbitration's awards, the creditor may request in writing the competent civil
judgment enforcement agency to enforce the award after it is registered under
Article 62 of this Law.
Article 67. Enforcement of arbitral awards
Arbitral
awards shall be enforced under the law on enforcement of civil judgments.
Chapter XI
CANCELLATION OF
ARBITRAL AWARDS
Article 68. Grounds for cancellation of arbitral awards
1. The court
shall consider the cancellation of an arbitral award at the request of one of
the parties.
2. An
arbitral award shall be cancelled in any of the following cases:
a/ There is
no arbitration agreement or the arbitration agreement is invalid;
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c/ The
dispute falls beyond the arbitration council's jurisdiction: when an arbitral
award contains the details falling beyond the arbitration council's
jurisdiction, such details shall be cancelled:
d/ The
evidence provided by the parties on which the arbitration council bases to
issue the award is counterfeit: an arbitrator receives money, assets or other
material benefits from one disputing party, thus affecting the objectivity and
impartiality of the award;
e/ The award
contravenes the fundamental principles of Vietnamese law.
3. When the court
considers request for cancellation of an arbitral award, the burden of proof
shall be determined as follows:
a/ The
requester for cancellation of an arbitral award in any of the cases specified
at Points a, b. c and d. Clause 2 of this Article has the burden lo prove that
the arbitration council has issued the award falling into any of these cases;
b/ For a
request to cancel an arbitral award on the ground specified at Point e. Clause
2 of this Article, the court shall itself collect and verify evidence in order
to decide to cancel or not to cancel the arbitral award.
Article 69. Right to request cancellation of arbitral awards
1. Within 30
days after receiving an arbitral award, if a party has sufficient grounds for
evidencing that the arbitration council has issued the award falling into any
of the cases specified in Clause 2, Article 68 of this Law. it may file a
request with the competent court for cancellation of such award. Such request
must be enclosed with documents and evidence proving that such request is
grounded and lawful.
2. When a
request is lodged beyond the set time limit due to force majeure circumstances,
the period in which such circumstances exist will not be included in the time
limit for requesting cancellation of an arbitral award.
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1. A written
request for cancellation of an arbitral award must contain:
a/ Dale of
making;
b/ Name and
address of the requester:
c/ Request
and grounds for cancellation of the award.
2. A written
request must be enclosed with the following papers:
a/ Original
or certified copy of the arbitral award;
b/ Original
or certified copy of the arbitration agreement.
Enclosed
papers in a foreign language shall be translated into Vietnamese and such translations
shall be legally certified.
Article 71. Examination by courts of written requests for
cancellation of arbitral awards
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2. Within 7
working days after accepting a written request, the court president shall
designate an examination council which is composed of three judges, including
one to act as the chair as assigned by the court president.
Within 30
days after being designated, the examination council shall hold a meeting to
examine the written request for cancellation of an arbitral award. The court
shall, within 7 working days before opening the meeting, transfer the dossier
to the procuracy of the same level for study before attending this meeting.
Upon the expiration of this lime limit, the procuracy shall return the dossier
to the court for opening a meeting to examine the written request.
3. A meeting
shall be conducted in the presence of the disputing parties and their lawyers,
if any. and a procurator of the procuracy of the same level. If one of the
parties is absent or has been properly summoned but is absent without a
plausible reason or leaves the meeting without the council's consent, the
council shall still examine the written request.
4. When
examining the written request, the council shall base itself on Article 68 of
this Law and enclosed documents to consider and make decision: it will not
review the dispute already settled by the arbitration council. After examining
the written request and enclosed documents and hearing opinions of the summoned
persons, if any. and after the procurator presents the procuracy's opinions,
the council shall discuss and make decision by majority vote.
5. The
examination council may decide to cancel or not to cancel an arbitral award.
When the requester withdraws the request or has been properly summoned but is
absent without a plausible reason or leaves the meeting without the council's
consent, the council shall decide to terminate the examination of such request.
6. Within 5
working days after issuing a decision, the court shall send it to the parties,
the arbitration center or ad hoc arbitrator and the procuracy of the same
level.
7. At the
request of one of the parties and when appropriate, the examination council may
suspend the examination and processing of a request for not more than 60 days
in order to facilitate the arbitration council in correcting errors of the
arbitral proceedings in its viewpoint in order to remove the grounds for
canceling the arbitral award. The arbitration council shall notify the court of
such correction. If the arbitration council fails to correct errors in the
proceedings, the examination council shall continue examining the written
request.
8. If the
examination council issues a decision canceling the arbitral award, the parties
may reach new agreement to bring their dispute to arbitration or any of them
may initiate a lawsuit at court. If the examination council does not cancel the
arbitral award, such award shall be enforced.
9. In all
cases, the time for dispute settlement at arbitration and for carrying out procedures
to cancel an arbitral award at court will not be included in the statute of
limitations for initiating a lawsuit.
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Article 72. Court fees related to arbitration
Fees for requesting
a court to designate an arbitrator or apply interim urgent measures, requesting
cancellation of arbitral awards or registering arbitral awards, and other fees
comply with the law on legal costs and court fees.
Chapter XII
ORGANIZATION AND OPERATION
OF FOREIGN ARBITRATIONS IN VIETNAM
Article 73. Conditions for foreign arbitration institutions
to operate in Vietnam
Foreign
arbitration institutions which are lawfully established and operating overseas
and respect the Constitution and laws of the Socialist Republic of Vietnam may
operate in Vietnam under this Law.
Article 74. Forms of operation of foreign arbitration
institutions in Vietnam
Foreign
arbitration institutions may operate in Vietnam as:
1. Branch of
the foreign arbitration institution (below referred to as branch): or.
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Article 75. Branches
1. Branch is
a dependent unit of a foreign arbitration institution and may be established
and carry out arbitration activities in Vietnam under this Law.
2. Foreign
arbitration institutions and their branches shall take responsibility before
Vietnamese law for the operation of these branches.
3. A foreign
arbitration institution shall appoint an arbitrator to act as head of its
branch. This head is an authorized representative of the foreign arbitration
institution in Vietnam.
Article 76. Rights and obligations of branches
1. To rent
working offices, hire and purchase facilities and tools necessary for the
operation of the branches.
2. To recruit
Vietnamese and foreign employees under Vietnamese law.
3. To open
Vietnam-dong and foreign-currency accounts at banks licensed to operate in
Vietnam for their operation.
4. To remit
their incomes abroad under Vietnamese law.
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6. To
designate arbitrators for forming arbitration councils as authorized by the
foreign arbitration institution.
7. To provide
arbitration services, conduct conciliation and apply other modes of settling
commercial disputes under law.
8. To provide
administrative, clerical and other services for dispute settlement of foreign
arbitration councils.
9. To collect
arbitration charges and other lawful amounts.
10. To pay remuneration
to arbitrators.
11. To
organize retraining courses for arbitrators to raise their dispute settlement
qualifications and skills.
12. To
preserve dossiers and provide copies of arbitral decisions at the request of
the disputing parties or competent Vietnamese state agencies.
13. To
operate in the domains stated in their establishment licenses or operation
registration papers.
14. To
observe Vietnamese law concerning their operation.
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Article 77. Representative offices
1.
Representative office is a dependent unit of a foreign arbitration institution
and may be established and seek and promote arbitration operation opportunities
in Vietnam under this Law.
2. Foreign
arbitration institutions shall take responsibility before Vietnamese law for
the operation of their representative offices.
Article 78. Rights and obligations of representative offices
1. To seek
and promote arbitration operation opportunities of their arbitration
institutions in Vietnam.
2. To rent
working offices and hire and purchase facilities and tools necessary for their
operation.
3. To recruit
Vietnamese and foreign employees under Vietnamese law.
4. To open
foreign-currency and Vietnam-dong accounts at banks licensed to operate in
Vietnam and use these accounts only for their operation.
5. To have a
seal bearing the name of the representative office under Vietnamese law.
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7. To refrain
from carrying out arbitration operations in Vietnam.
8. To conduct
only arbitration operation promotion and advertising activities under
Vietnamese law.
9. To observe
Vietnamese laws concerning their operation.
10. To
annually report on their operation to provincial-level Justice Departments of
localities in which they are registered for operation.
Article 79. Operation of branches and representative offices
The
establishment, registration, operation, and termination of the operation of
branches and representative offices comply with Vietnamese law and treaties to
which the Socialist Republic of Vietnam is a contracting party. The Government
shall detail procedures for the establishment, registration, and termination of
operation of branches and representative offices.
Chapter XIII
IMPLEMENTATION
PROVISIONS
Article 80. Application of the Law to arbitration centers
established before the effective date of this Law
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Article 81. Effect
1. This Law
takes effect on January 1, 2011.
2. Ordinance
No. 03/2003/PL-UBTVQH11 on Commercial Arbitration ceases to be effective on the
effective date of this Law.
3.
Arbitration agreements concluded before the effective date of this Law shall be
implemented under regulations effective at the time of their conclusion.
Article 82. Implementation detailing and guidance
The
Government, the Supreme People's Court and the Supreme People's Procuracy
shall, within the ambit of their tasks and powers, detail and guide the Law's
articles and clauses assigned to them; and guide other necessary contents of
this Law to meet state management requirements.
This Law
was passed on June 17, 2010, by the XIIth National Assembly of the
Socialist Republic of Vietnam at its 7th session
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