Ordinance No. 08/2003/PL-UBTVQH11 on Commercial Arbitration

ORDINANCE

Commercial Arbitrationinternational

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To contribute to resolving disputes arising from commercial activities, ensuring freedom of business operations, protecting the legitimate rights and interests of the parties, and developing a socialist-oriented market economy;

Based on the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the Tenth National Assembly, tenth session;

Pursuant to Resolution No. 12/2002/QH11 dated December 16, 2002 of the National Assembly, Session 2, of the 11th term (2002-2007) and for the year 2003 on the legislative program of the National Assembly for the 11th term;

This Ordinance regulates commercial arbitration.

 

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

This Ordinance regulates the organization and arbitration proceedings to resolve disputes arising from commercial activities according to the agreement of the parties.

Article 2. Definitions

In this Ordinance, the following terms shall be understood as follows:

1. Arbitration is a method of resolving disputes arising from commercial activities agreed upon by the parties and conducted in accordance with the procedures and litigation procedures prescribed by this Ordinance.

2. An arbitration agreement is an agreement between the parties committing to resolve disputes that may arise or have arisen in commercial activities through arbitration.

3. Commercial activity means the performance of one or more commercial acts by individuals or business organizations including buying and selling goods, providing services; distribution; commercial agency; consignment; leasing; lease purchase; construction; consulting; technical services; licensing; investment; finance and banking; insurance; exploration and exploitation; transportation of goods and passengers by air, sea, rail, road and other commercial acts as provided by law.

4. Disputes with foreign elements are disputes arising from commercial activities where one party or all parties are foreigners or foreign legal entities participating or the basis for establishing, changing, terminating the relationship giving rise to disputes occurs abroad or the property related to such disputes is located abroad.

5. An arbitrator is a person meeting the conditions stipulated in Article 12 of this Ordinance, selected by the parties or appointed by the Arbitration Center or the competent court to resolve the dispute.

6. Close relatives are those within three degrees of succession as provided for in the Civil Code.

7. Force majeure is an event occurring objectively and unforeseeably, which cannot be overcome despite the application of all necessary measures within the scope of possibility.

Article 3. Principles for resolving disputes through arbitration

1. Disputes shall be resolved through arbitration if the parties agree to arbitration before or after the occurrence of the dispute.

2. When resolving disputes, arbitrators must be independent, impartial, and neutral, basing their decisions on the law and respecting the agreements of the parties.

Article 4. Forms of resolving disputes through arbitration

Disputes between the parties shall be resolved by an Arbitration Panel organized by the Arbitration Center or established by the parties in accordance with this Ordinance.

The Arbitration Panel consists of three arbitrators or a sole arbitrator agreed upon by the parties.

Article 5. Jurisdiction to resolve disputes in cases of arbitration agreements

In cases where there is an arbitration agreement, if one party initiates a lawsuit at the Court, the Court must refuse to accept the case, except in cases where the arbitration agreement is void.

Article 6. Effectiveness of the arbitration award

The arbitration award is final, and the parties must comply with it, except in cases where the Court annuls the arbitration award in accordance with this Ordinance.

Article 7. Principles for applying laws to resolve disputes

1. For disputes between Vietnamese parties, the Arbitration Panel shall apply Vietnamese law to resolve the dispute.

2. For disputes with foreign elements, the Arbitration Panel shall apply the law chosen by the parties. The selection and application of foreign law must not contravene the fundamental principles of Vietnamese law.

In cases where the parties cannot choose a law to resolve the dispute, the Arbitration Panel shall decide.

Article 8. Application of international treaties

Where an international treaty to which the Socialist Republic of Vietnam is a party provides differently from the provisions of this Ordinance, the provisions of the international treaty shall apply.

Chapter II

ARBITRATION AGREEMENTS

Article 9. Forms of arbitration agreements

1. An arbitration agreement must be made in writing. An arbitration agreement made through letters, telegrams, telex, fax, email, or another form of document clearly expressing the will of the parties to resolve disputes through arbitration is considered a written arbitration agreement.

2. An arbitration agreement can be a clause in a contract or a separate agreement.

Article 10. Void arbitration agreements

An arbitration agreement is void in the following cases:

1. The dispute arising does not fall under the commercial activities defined in Clause 3 of Article 2 of this Ordinance;

2. The person signing the arbitration agreement does not have the authority to sign according to the law;

3. One of the parties entering into the arbitration agreement does not have full capacity to act under civil law;

4. The arbitration agreement does not specify or specifies unclearly the subject matter of the dispute or the arbitral institution authorized to resolve the dispute, and the parties do not subsequently reach a supplementary agreement;

5. The arbitration agreement is not established in accordance with Article 9 of this Ordinance;

6. A party to the arbitration agreement was deceived, threatened, and requests the declaration of the arbitration agreement as void; the statute of limitations for requesting the declaration of the arbitration agreement as void is six months, counted from the date of signing the arbitration agreement, but must be before the first session of the Arbitration Panel opens to resolve the dispute as stipulated in Article 30 of this Ordinance.

Article 11. Relationship between arbitration clauses and contracts

The arbitration clause exists independently of the contract. Changes, extensions, cancellations of the contract, or the invalidity of the contract do not affect the validity of the arbitration clause.

 

Chapter III

ARBITRATOR

Article 12. Arbitrator

1. Vietnamese citizens who meet the following conditions may serve as arbitrators:

a) Having full capacity for civil acts;

b) Possess good moral character, honesty, impartiality, and objectivity;

c) Hold a bachelor's degree and have at least five years of practical work experience in their field of study.

2. Persons currently under administrative supervision, being pursued for criminal responsibility, or having been convicted without having their criminal record expunged shall not serve as arbitrators.

3. Judges, Prosecutors, Investigators, Enforcement Officers, and civil servants working at People's Courts, People's Procuratorates, investigative agencies, and enforcement agencies shall not serve as arbitrators.

Article 13. Rights and Obligations of Arbitrators

1. Arbitrators have the following rights:

a) Accept or refuse to resolve disputes;

b) Independence in resolving disputes;

c) Refuse to provide information related to disputes;

d) Receive remuneration.

2. Arbitrators have the following obligations:

a) Adhere to the provisions of this Ordinance;

b) Be impartial and objective in resolving disputes;

c) Refuse to resolve disputes in cases specified in Clause 1 of Article 27 of this Ordinance;

d) Maintain confidentiality regarding the content of disputes they resolve;

đ) Shall not accept bribes or engage in other actions that violate the ethics of arbitrators.

Chapter IV

ARBITRATION CENTER

Article 14. Conditions for Establishing an Arbitration Center

1. Based on the socio-economic development situation of localities, Arbitration Centers may be established in certain localities as prescribed by the Government.

2. When there are at least five founding members who meet the conditions to serve as arbitrators as stipulated in Article 12 of this Ordinance and are proposed and introduced by the Vietnam Bar Association, the Minister of Justice will consider and decide to issue a permit to establish an Arbitration Center.

3. The application dossier for establishing an Arbitration Center includes the following contents:

a) Application for permission to establish an Arbitration Center;

b) Names, addresses, occupations of the founding members;

c) Bylaws of the arbitration center;

d) A letter of introduction from the Vietnam Bar Association.

4. The application for permission to establish an Arbitration Center includes the following contents:

a) Date of writing the application;

b) Names, addresses, occupations of the founding members;

c) Field of operation of the Arbitration Center;

d) Proposed location for the headquarters of the Arbitration Center.

5. Within forty-five days from the date of receiving a complete application dossier, the Minister of Justice issues a permit to establish an Arbitration Center and approves its Charter; in case of refusal, a written response with reasons must be provided.

6. Within thirty days from the date of receiving the establishment permit, the Arbitration Center must register its operations with the Department of Justice of the province or centrally-administered city (hereinafter referred to as the Department of Justice) where the Arbitration Center's headquarters is located. If the registration period expires without registration, the permit will be revoked.

The Government shall prescribe the procedures and formalities for registering the operations of Arbitration Centers.

Article 15. Publishing Information about the Establishment of an Arbitration Center

1. Within thirty days from the date of obtaining the business registration permit, the Arbitration Center must publish in three consecutive central or local newspapers in the area of its registered operations the following main contents:

a) Name and address of the Arbitration Center's headquarters;

b) Field of operation of the Arbitration Center;

c) Business Registration Number, issuing authority, date of issuance;

d) Starting date of the Arbitration Center's operations.

2. The Arbitration Center must post at its headquarters the contents specified in Clause 1 of this Article and the list of arbitrators of the Arbitration Center.

Article 16. Legal Status and Organizational Structure of the Arbitration Center

1. The Arbitration Center is a non-governmental organization, possessing legal personality, seal, and separate bank accounts.

2. The Arbitration Center can establish branches and representative offices.

3. The Arbitration Center has a Management Board and arbitrators.

The Management Board of the Arbitration Center consists of a Chairman, one or more Vice Chairmen, and may include a General Secretary appointed by the Chairman of the Arbitration Center.

Persons invited by the Arbitration Center to serve as arbitrators must meet the conditions stipulated in Article 12 of this Ordinance.

Article 17. Tasks and Authorities of the Arbitration Center

The Arbitration Center has the following tasks and authorities:

1. Draft the Charter and Rules of Procedure of the Arbitration Center, but such drafting must not contravene the provisions of this Ordinance;

2. Invite persons who meet the conditions stipulated in Article 12 of this Ordinance to serve as arbitrators of the Arbitration Center;

3. Appoint arbitrators to form an Arbitration Tribunal as prescribed by this Ordinance;

4. Provide administrative and office services to Arbitration Tribunals resolving disputes;

5. Collect arbitration fees and pay remuneration to arbitrators according to the Charter of the Arbitration Center;

6. Organize experience sharing and training to enhance the dispute resolution skills of arbitrators;

7. Report periodically on the activities of the Arbitration Center to the Ministry of Justice, the Vietnam Bar Association, and the Department of Justice where the Arbitration Center registers its operations;

8. Remove the name of an arbitrator from the list of arbitrators of the Arbitration Center if the arbitrator seriously violates the provisions of this Ordinance and the Charter of the Arbitration Center;

9. Store files and provide copies of arbitration decisions upon request of the parties or competent state agencies;

10. Other tasks and authorities as prescribed by law.

Article 18. Termination of Operations of the Arbitration Center

1. The operations of the Arbitration Center terminate in the following cases:

a) Cases specified in the Charter of the Arbitration Center;

b) Revocation of the permit to establish the Arbitration Center.

2. Upon termination of operations, the Arbitration Center must return the permit to establish the Arbitration Center to the issuing authority.

3. The Government shall prescribe the procedures and formalities for terminating the operations of the Arbitration Center.

Chapter V

ARBITRATION PROCEEDINGS

Article 19. Right to Choose the Form of Resolving Disputes through Arbitration

The parties have the right to choose the Arbitration Center or the Arbitration Tribunal established by the parties to resolve disputes in accordance with the arbitration proceedings provisions of this Ordinance.

Article 20. Complaint

1. To resolve disputes at the Arbitration Center, the plaintiff must file a complaint with the Arbitration Center.

The complaint sent to the Arbitration Center shall include the following main contents:

a) Date of writing the application;

b) Names and addresses of the parties;

c) Summary of the dispute content;

d) The plaintiff's requests;

đ) Value of the property that the plaintiff requests;

e) Arbitrator of the Arbitration Center chosen by the plaintiff.

2. To resolve disputes at the Arbitration Tribunal established by the parties, the plaintiff must file a complaint with the defendant; the content of the complaint shall be as stipulated in Clause 1 of this Article.

3. Along with the complaint, the plaintiff must submit the original or copy of the arbitration agreement, the original or copy of relevant documents and evidence. Copies must be certified.

4. Arbitration proceedings commence when the Arbitration Center receives the plaintiff's complaint or from the date the defendant receives the plaintiff's complaint, if the dispute is resolved by the Arbitration Tribunal established by the parties.

5. Within five working days from the date of receipt of the complaint, the Arbitration Center must send to the defendant a copy of the plaintiff's complaint and the documents as stipulated in Clause 3 of this Article.

Article 21. Statute of limitations for initiating arbitration proceedings

1. For disputes where the law provides a statute of limitations, such provisions shall be followed.

2. For disputes where the law does not provide a statute of limitations, the statute of limitations for initiating arbitration proceedings is two years from the date of occurrence of the dispute, except in cases of force majeure. The period during which force majeure occurs is not counted towards the statute of limitations.

Article 22. Arbitration fees

1. The plaintiff must pay the provisional arbitration fee, unless the parties have agreed otherwise.

2. In the case of resolving disputes at the Arbitration Center, the Arbitration Center Management Board shall determine the arbitration fee according to the Charter of the Arbitration Center.

3. In the case of resolving disputes at the Arbitration Tribunal established by the parties, the Arbitration Tribunal shall determine the arbitration fee.

4. The losing party must bear the arbitration fee, except in cases where the parties have agreed otherwise.

Article 23. Venue for arbitration

The parties have the right to agree on the venue for resolving disputes; if there is no agreement, the Arbitration Tribunal shall decide, but it must ensure convenience for the parties in resolving the dispute.

Article 24. Statement of Defense

1. For disputes where the parties have chosen the Arbitration Center to resolve, if the parties have no other agreement, within thirty days from the date of receipt of the complaint and accompanying documents sent by the Arbitration Center, the defendant must submit a statement of defense to the Arbitration Center.

For disputes resolved by the Arbitration Tribunal established by the parties, if there is no other agreement, within thirty days from the date of receipt of the plaintiff's complaint and the accompanying documents as stipulated in Clause 2 and Clause 3 of Article 20 of this Ordinance, the defendant must submit a statement of defense to the plaintiff and the name of the arbitrator chosen by themselves.

2. The statement of defense must include the following main contents:

a) Date of writing the statement of defense;

b) Name and address of the defendant;

c) Reasoning and evidence for self-defense, including rebutting part or all of the content of the plaintiff's complaint. In addition to the content specified in this point, if the defendant believes that the dispute does not fall within the jurisdiction of arbitration, there is no arbitration agreement or the arbitration agreement is void, they may raise these issues in the statement of defense.

3. At the request of the defendant, the deadline for submitting the statement of defense along with evidence may be longer than thirty days, but must be before the date the Arbitration Tribunal convenes as stipulated in Article 30 of this Ordinance.

Article 25. Establishment of the Arbitration Tribunal at the Arbitration Center

1. In the absence of any other agreement between the parties, within five working days from the date of receipt of the complaint, the Arbitration Center must send to the defendant a copy of the complaint, the name of the arbitrator chosen by the plaintiff, and the accompanying documents together with a list of arbitrators of the Arbitration Center. If the parties have no other agreement, within thirty days from the date of receipt of the complaint and accompanying documents sent by the Arbitration Center, the defendant must select an arbitrator from the list of arbitrators of the Arbitration Center and notify the Arbitration Center or request the Chairman of the Arbitration Center to appoint an arbitrator for themselves. After this deadline, if the defendant does not select an arbitrator or does not request the Chairman of the Arbitration Center to appoint an arbitrator, within seven working days from the expiration date specified in this clause, the Chairman of the Arbitration Center will appoint an arbitrator from the list of arbitrators of the Arbitration Center for the defendant.

2. In the case of multiple defendants, they must unanimously select one arbitrator within thirty days from the date of receipt of the request to select an arbitrator from the Arbitration Center. After this deadline, if the defendants cannot select an arbitrator, within seven working days from the date of receipt of the request, the Chairman of the Arbitration Center will appoint an arbitrator from the list of arbitrators of the Arbitration Center for the defendants.

3. Within fifteen days from the date on which two arbitrators are chosen by the parties or appointed by the Chairman of the Arbitration Center, these arbitrators must select the third arbitrator listed in the Arbitration Center's list of arbitrators to be the President of the Arbitration Tribunal. If, at the end of this period, the two arbitrators chosen or appointed fail to select the third arbitrator, within seven working days from the expiration of the period, upon request of one party or the parties, the Chairman of the Arbitration Center shall appoint the third arbitrator listed in the Arbitration Center's list of arbitrators to be the President of the Arbitration Tribunal.

4. In the case where the parties agree that the dispute shall be resolved by a sole arbitrator of the Arbitration Center but fail to choose such arbitrator, upon request of one party, the Chairman of the Arbitration Center shall appoint a sole arbitrator for the parties within fifteen days from the date of receipt of the request and notify the parties thereof.

The sole arbitrator shall perform the duties as an Arbitration Tribunal. The decision of the sole arbitrator shall have the same effect as the decision of the Arbitration Tribunal.

Article 26. The Arbitration Tribunal is established by the parties.

1. Unless otherwise agreed by the parties, within thirty days from the date on which the plaintiff sends the complaint to the defendant, the defendant must choose an arbitrator and notify the plaintiff of the arbitrator chosen by him/her. At the end of this period, if the defendant does not notify the plaintiff of the name of the arbitrator chosen by him/her, the plaintiff has the right to request the Provincial Court where the defendant has its principal office or residence to appoint an arbitrator for the defendant. Within seven working days from the date of receipt of the request, the Chief Judge of the Court shall assign a Judge to appoint an arbitrator for the defendant and notify the parties thereof.

2. In the case where there are multiple defendants, the defendants must unanimously choose one arbitrator within thirty days from the date of receipt of the plaintiff's complaint and accompanying documents. At the end of this period, if the defendants fail to choose an arbitrator, the plaintiff has the right to request the Provincial Court where one of the defendants has its principal office or residence to appoint an arbitrator for the defendants. Within seven working days from the date of receipt of the request, the Chief Judge of the Court shall assign a Judge to appoint an arbitrator according to the plaintiff's request and notify the parties thereof.

3. Within fifteen days from the date on which two arbitrators are chosen or appointed by the Court, these arbitrators must unanimously choose the third arbitrator to be the President of the Arbitration Tribunal. At the end of this period, if the two arbitrators chosen or appointed fail to choose the third arbitrator, the parties have the right to request the Provincial Court where the defendant has its principal office or residence to appoint the third arbitrator. Within seven working days from the date of receipt of the request, the Chief Judge of the Court shall assign a Judge to appoint the third arbitrator to be the President of the Arbitration Tribunal and notify the parties thereof.

4. The arbitrator chosen by the parties or appointed by the Court may be an arbitrator in the list or outside the list of arbitrators of the Arbitration Centers of Vietnam.

5. In the case where the parties agree that the dispute shall be resolved by a sole arbitrator but fail to choose such arbitrator, upon request of one party, the Chief Judge of the Provincial Court where the defendant has its principal office or residence shall assign a Judge to appoint a sole arbitrator for the parties within fifteen days from the date of receipt of the request and notify the parties thereof.

The sole arbitrator shall perform the duties as an Arbitration Tribunal. The decision of the sole arbitrator shall have the same effect as the decision of the Arbitration Tribunal.

Article 27. Replacement of Arbitrator

1. An arbitrator must refuse to resolve the dispute, and the parties have the right to request the replacement of the arbitrator resolving the dispute in the following cases:

a) The arbitrator is a relative of one party or the representative of that party;

b) The arbitrator has an interest in the dispute;

c) There is clear evidence indicating that the arbitrator lacks impartiality and objectivity while performing his/her duties.

2. From the moment of being chosen or appointed and during the arbitration proceedings, the arbitrator must publicly and promptly disclose matters that may raise doubts about his/her impartiality and objectivity.

3. After selecting the arbitrator, if the parties discover that the arbitrator chosen by them falls under any of the circumstances stipulated in Clause 1 of this Article, they have the right to request such arbitrator to refuse to resolve the dispute.

4. The replacement of the arbitrator is decided by other arbitrators in the Arbitration Tribunal. In the event that no decision can be made or if two arbitrators or the sole arbitrator refuse to resolve the dispute, the replacement of the arbitrator shall be regulated as follows:

a) For disputes organized for resolution by the Arbitration Center, the Chairman of the Arbitration Center shall decide;

b) For disputes resolved by the Arbitration Tribunal established by the parties, upon request of the plaintiff, the Chief Judge of the Provincial Court where the defendant has its principal office or residence shall assign a Judge to examine and decide. The Court's decision is final.

5. During the arbitration proceedings, if an arbitrator cannot continue to participate, the replacement of the arbitrator shall be carried out according to the provisions of Clause 4 of this Article, depending on whether the Arbitration Tribunal was established by the Arbitration Center or by the parties.

6. In necessary cases, after consulting the parties, the newly established Arbitration Tribunal may review issues previously examined in the dispute resolution sessions.

Article 28. Amendment, Supplement, Withdrawal of Complaint

The plaintiff may amend, supplement, or withdraw the complaint before the Arbitration Tribunal issues the arbitral award.

Article 29. Counterclaim

1. The defendant has the right to counterclaim the plaintiff regarding issues related to the plaintiff's claims.

2. The counterclaim must be submitted to the Arbitration Tribunal and simultaneously sent to the plaintiff before the opening of the session of the Arbitration Tribunal to resolve the plaintiff's complaint.

The plaintiff must submit a reply to the counterclaim within thirty days from the date of receipt of the counterclaim. The reply shall be sent to the defendant and the Arbitration Tribunal.

3. The procedure for the counterclaim shall be conducted like the procedure for resolving the plaintiff's claim and shall be resolved simultaneously by the Arbitration Tribunal.

Article 30. Consideration of the arbitration agreement, jurisdiction of the Arbitration Tribunal to resolve the dispute

1. Before examining the substance of the dispute, if there is a complaint from one party regarding the Arbitration Tribunal's lack of jurisdiction to resolve the dispute; if the dispute does not have an arbitration agreement or the arbitration agreement is void, the Arbitration Tribunal must examine and decide in the presence of both parties, except in cases where the parties request otherwise. If the complaining party has been properly summoned but fails to appear without a valid reason, it shall be deemed to have withdrawn the complaint. The Arbitration Tribunal will continue to examine and resolve the dispute.

2. In case of disagreement with the decision of the Arbitration Tribunal on the matter set forth in Clause 1 of this Article, within five working days from the date of receipt of the Arbitration Tribunal's decision, the parties have the right to request the Provincial Court where the Arbitration Tribunal issued the decision to review the Arbitration Tribunal's decision. The party making the request must also notify the Arbitration Tribunal of this matter.

The application must contain the following main contents:

a) Date of writing the application;

b) Name and address of the applicant;

c) Content of the request.

The application must be accompanied by copies of the claim, the arbitration agreement, and the Arbitration Tribunal's decision. The copies must be certified true copies.

Within five working days from the date of receipt of the application, the Chief Judge of the Court assigns a Judge to examine and resolve the application. Within ten days from the date of assignment, the Judge must examine and decide. The Court's decision is final.

In case the Court decides that the dispute is not within the jurisdiction of the Arbitration Tribunal, the dispute does not have an arbitration agreement or the arbitration agreement is void, the Arbitration Tribunal issues a decision to suspend the resolution of the dispute. If there is no other agreement, the parties have the right to initiate the dispute before the Court. The statute of limitations for initiating the dispute before the Court is provided for in Article 21 of this Ordinance, but does not include the time from when the plaintiff initiated the arbitration until the Court makes the decision provided for in this Article.

Article 31. Examination of the file, verification of facts

1. After being selected or appointed, the arbitrators must study the file; verify the facts if necessary.

2. The Arbitration Tribunal has the right to meet with the parties to hear their statements. At the request of one party or the parties or on its own initiative, the Arbitration Tribunal may investigate the facts from third parties, in the presence of the parties or after notifying the parties.

Article 32. Collection of evidence

1. The parties are obligated to provide evidence to prove the facts they raise. The Arbitration Tribunal has the right to require the parties to provide evidence related to the dispute.

2. In case of necessity, the Arbitration Tribunal may collect evidence itself; invite an expert appraisal at the request of one party or the parties and must notify the parties. The party requesting the appraisal must pay a provisional fee for the appraisal, and if the parties invite the appraisal, they must jointly pay the provisional fee for the appraisal.

Article 33. Right to request the application of interim emergency measures

During the process of the Arbitration Tribunal resolving the dispute, if their legitimate rights and interests are infringed upon or there is a direct risk of infringement, the parties have the right to submit an application to the Provincial Court where the Arbitration Tribunal is handling the dispute to request the application of one or more of the following interim emergency measures:

1. Preservation of evidence in cases where the evidence is being destroyed or there is a risk of destruction;

2. Seizure of disputed property;

3. Prohibition of transferring disputed property;

4. Prohibition of changing the status of disputed property;

5. Seizure and sealing of property at a place of custody;

6. Freezing of bank accounts.

Article 34. Procedure for applying interim emergency measures

1. The party requesting the application of interim emergency measures as stipulated in Article 33 of this Ordinance must submit an application to the Provincial Court where the Arbitration Tribunal has accepted the dispute.

2. The application for the application of interim emergency measures must be accompanied by a copy of the claim containing all the contents as prescribed in Article 20 and a copy of the arbitration agreement as prescribed in Article 9 of this Ordinance. The copies must be certified true copies.

Depending on the type of interim emergency measure requested, the requesting party must provide the Court with specific evidence regarding the evidence to be preserved, evidence about the defendant's disposal or concealment of property which may make the enforcement of the arbitral award impossible.

3. The party requesting the application of interim emergency measures must deposit a security amount determined by the Court, but not exceeding the financial obligation that the obligor must fulfill to protect the interests of the defendant and prevent abuse of interim emergency measures by the requesting party. These amounts are deposited at a bank where the Court deciding on the application of interim emergency measures has its headquarters.

4. After receiving the application and the documents as prescribed in Clauses 1, 2, and 3 of this Article, the Chief Judge of the Provincial Court as prescribed in Clause 1 of this Article assigns a Judge to examine and resolve the application. Within five working days from the date of assignment, the Judge must verify the accuracy of the documents as prescribed in Clause 2 of this Article within the scope of the plaintiff's request, and may issue a decision to apply one or more of the interim emergency measures prescribed in Article 33 of this Ordinance. In cases where one or more of the measures prescribed in Clauses 2, 3, 4, 5, and 6 of Article 33 of this Ordinance are applied, the value of the property subject to interim emergency measures shall not exceed the financial obligation that the obligor must fulfill.

5. The decision to apply interim emergency measures must be immediately sent to the Arbitration Tribunal, the disputing parties, and the same-level Public Prosecutor's Office.

The decision to apply provisional emergency measures shall be implemented immediately. The enforcement of the decision to apply provisional emergency measures shall be carried out in accordance with the laws on civil enforcement proceedings.

6. Within three working days from the date of receipt of the decision to apply provisional emergency measures, the Prosecutor-in-Charge of the same-level Prosecution Office has the right to make recommendations, and the defendant has the right to request the President of the Court that issued the decision to apply provisional emergency measures to review and resolve matters concerning changing, revoking, or maintaining such measures. Within three working days from the date of receipt of the recommendation of the Prosecution Office or the request of the defendant, the President of the Court must issue a decision and respond to the Prosecution Office or the defendant.

Article 35. Changing or Revoking Provisional Emergency Measures

The party requesting the application of provisional emergency measures may submit a petition to change or revoke such measures when they are no longer appropriate or necessary.

Within three working days from the date of receipt of the petition to change or revoke provisional emergency measures, the President of the provincial Court that issued the decision to apply provisional emergency measures shall assign a Judge to examine and decide on changing or revoking the application of provisional emergency measures. This decision must be immediately sent to the Arbitration Council, the disputing parties, and the same-level Prosecution Office.

In the case of revoking provisional emergency measures, the Judge must consider the decision to allow the party requesting the application of provisional emergency measures to reclaim the security deposit specified in Clause 3, Article 34 of this Ordinance, except in cases provided for in Article 36 of this Ordinance.

Article 36. Liability of the Party Requesting the Application of Provisional Emergency Measures

The party requesting the application of provisional emergency measures shall bear responsibility for their request.

If the party requesting the application of provisional emergency measures makes an incorrect request and causes damage to the other party or a third party, they must compensate for it.

Article 37. Mediation

1. During the arbitration proceedings, the parties may mediate on their own. In the event of successful mediation, upon the request of the parties, the Arbitration Council will suspend the proceedings.

2. The parties may request the Arbitration Council to conduct mediation. In the event of successful mediation, the parties may request the Arbitration Council to record the successful mediation and issue a decision recognizing the successful mediation. The record of successful mediation must be signed by the parties and the arbitrators. The decision recognizing successful mediation by the Arbitration Council is final and enforceable according to the provisions of Article 57 of this Ordinance.

Article 38. Hearing to Resolve Disputes

1. The time for convening a hearing to resolve disputes shall be decided by the Chairman of the Arbitration Council, if the parties have no other agreement.

2. Summonses for the parties to attend the hearing to resolve disputes must be sent to the parties at least thirty days before the date of the hearing, if the parties have no other agreement.

3. The hearing to resolve disputes shall not be public. With the consent of the parties, the Arbitration Council may permit others to attend the hearing.

Article 39. Attendance at the Hearing to Resolve Disputes

The parties may attend the hearing to resolve disputes directly or through authorized representatives. The parties have the right to invite witnesses and lawyers to protect their legitimate rights and interests.

Article 40. Absence of Parties

1. If the plaintiff, who has been summoned to attend the hearing to resolve disputes, does not attend without a valid reason or leaves the hearing without the consent of the Arbitration Council, it shall be deemed as withdrawing the lawsuit. In this case, the Arbitration Council will continue to resolve the dispute if the defendant requests or files a new lawsuit according to the provisions of Article 29 of this Ordinance.

If the defendant, who has been summoned to attend the hearing to resolve disputes, does not attend without a valid reason or leaves the hearing without the consent of the Arbitration Council, the Arbitration Council will still proceed to resolve the dispute based on existing documents and evidence.

2. Upon the request of the parties, the Arbitration Council may resolve the dispute based on the file without requiring the presence of the parties.

Article 41. Postponement of the Hearing to Resolve Disputes

1. For valid reasons, the parties may request the Arbitration Council to postpone the hearing to resolve disputes.

2. The Arbitration Council must postpone the hearing to resolve disputes if it finds insufficient grounds to resolve the dispute.

Article 42. Principles for Issuing Arbitral Awards

The arbitral award of the Arbitration Council shall be made according to the majority principle, except in cases where the dispute is resolved by a single arbitrator. The minority opinion shall be recorded in the minutes of the hearing.

Article 43. Minutes of the Hearing to Resolve Disputes

1. The minutes of the hearing to resolve disputes shall be prepared by the Arbitration Council and signed by the Chairman of the Arbitration Council.

2. The parties have the right to review the contents of the minutes, request corrections or additions to the minutes. In the event that the request for correction or addition by the parties is not accepted, the Arbitration Council must record this in the minutes.

Article 44. Arbitral Award

1. The arbitral award must include the following main contents:

a) Date, month, year, and place of issuance of the arbitral award; in cases where the resolution of the dispute is organized by the Arbitration Center, the arbitral award must include the name of the Arbitration Center;

b) Name and address of the plaintiff and defendant;

c) Names of the arbitrators or the sole arbitrator;

d) Summary of the complaint and issues in dispute;

đ) Basis for issuing the arbitral award;

e) Decision on the dispute; decision on arbitration fees and other costs;

g) Time limit for enforcing the arbitral award;

h) Signature of the arbitrators or the sole arbitrator.

2. In the case where an arbitrator does not sign the arbitral award, the Chairman of the Arbitration Council must record this in the arbitral award and specify the reason.

3. The parties have the right to request the Arbitration Council not to include issues in dispute or the basis for decisions on the dispute in the arbitral award.

4. The arbitral award becomes effective from the date of publication.

Article 45. Publication of the Arbitral Award

1. The arbitral award may be made public at the final hearing session or thereafter, but not later than sixty days from the date of the final hearing session. The full text of the arbitral award must be sent to the parties immediately after its publication.

2. At the request of the parties, the Arbitration Center or the Arbitration Tribunal established by the parties shall provide a copy of the arbitral award to the requesting party.

Article 46. Amendment of the arbitral award

1. Within fifteen days from the date of receipt of the arbitral award, a party may request the Arbitration Tribunal to amend errors in calculation, typographical errors, printing errors, or other technical errors. Within thirty days from the date of receipt of the request, the Arbitration Tribunal shall make the amendment and notify the other party.

2. The amendment decision is part of the arbitral award and must be signed by the Arbitration Tribunal.

Article 47. Suspension of dispute resolution

The Arbitration Tribunal suspends the resolution of disputes in the following cases:

1. The plaintiff withdraws the lawsuit or is deemed to have withdrawn the lawsuit according to Clause 1 of Article 40 of this Ordinance, except where the defendant requests the continuation of the dispute resolution;

2. The parties agree to terminate the resolution of the dispute.

Article 48. Archiving of arbitration files

1. For disputes resolved by the Arbitration Center, the file, arbitral award, and mediation record shall be stored at the Arbitration Center.

2. For disputes resolved by the Arbitration Tribunal established by the parties, within fifteen days from the date of publication of the arbitral award or mediation record, the Arbitration Tribunal must send the arbitral award, mediation record, and the dispute resolution file to the Provincial Court where the Arbitration Tribunal issued the arbitral award or recorded the mediation for archiving.

Article 49. Resolution of foreign-related disputes through arbitration

1. Foreign-related disputes agreed upon by the parties may be resolved by the Arbitration Tribunal organized by the Arbitration Center or by the Arbitration Tribunal established by the parties as provided for in this Ordinance.

2. The Arbitration Tribunal organized by the Arbitration Center or the Arbitration Tribunal established by the parties may apply different procedural rules if the parties have agreed.

3. The arbitrators chosen by the parties or appointed by the Court may be arbitrators listed in the arbitrator lists of Vietnamese Arbitration Centers or foreign arbitrators as provided for by the laws of their respective countries.

4. In the case where one party or the parties request a foreign court to appoint an arbitrator, the court with jurisdiction to appoint the arbitrator is determined according to the laws of that country.

5. The parties have the right to agree on the choice of law as provided for in Clause 2 of Article 7 of this Ordinance, international trade customs to resolve the dispute.

6. The parties have the right to agree on the place of dispute resolution in Vietnam or abroad; if they cannot agree, the Arbitration Tribunal shall decide, but it must ensure convenience for the parties in resolving the dispute.

7. The parties have the right to agree on the language to be used in the arbitration proceedings; if there is no agreement, the language used in the arbitration proceedings is Vietnamese.

Chapter VI

ANNULMENT OF THE ARBITRAL AWARD, ENFORCEMENT OF THE ARBITRAL AWARD

ARBITRATION

Article 50. Right to request annulment of the arbitral award

Within thirty days from the date of receipt of the arbitral award, if a party disagrees with the arbitral award, it has the right to submit a petition to the Provincial Court where the Arbitration Tribunal issued the arbitral award, requesting the annulment of the arbitral award.

If the petition is submitted beyond the deadline due to force majeure events, the period during which such events occurred will not be counted towards the deadline for requesting the annulment of the arbitral award.

Article 51. Petition to annul the arbitral award

1. The petition to annul the arbitral award must include the following main contents:

a) Date of writing the application;

b) Name and address of the party requesting the annulment of the arbitral award;

c) Reasons for requesting the annulment of the arbitral award.

2. Accompanying the petition must be the following documents:

a) Original or certified true copy of the arbitral award;

b) Original or certified true copy of the arbitration agreement.

3. Documents accompanying the petition in a foreign language must be translated into Vietnamese and the translation must be certified as true.

Article 52. Acceptance of the case

1. After receiving all the documents prescribed in Article 51 of this Ordinance, the Court shall immediately notify the petitioner to pay the filing fee.

The Court accepts the case from the date the petitioner pays the filing fee.

2. The Court has the right to request the petitioner to explain unclear matters in the petition to annul the arbitral award.

Article 53. The Court examines the petition to annul the arbitral award

1. After accepting the petition to annul the arbitral award, the Court must notify the Arbitration Center or the Arbitration Tribunal established by the parties, the disputing parties, and the same-level Public Prosecutor's Office. In the case where the dispute is resolved by the Arbitration Center, within seven working days from the date of receipt of the Court's notification, the Arbitration Center must transfer the file to the Court.

2. Within thirty days from the date of acceptance, the Chief Judge of the Court shall designate a Bench consisting of three Judges, including one Judge as the presiding Judge, and must convene a hearing to examine the petition to annul the arbitral award.

The Court must transfer the file to the same-level Public Prosecutor's Office within seven working days before the hearing.

3. The hearing shall be conducted with the presence of the disputing parties, their lawyers (if any), and the Prosecutor of the same-level Public Prosecutor's Office. In the event that one of the parties requests the Court to examine the petition in absentia or has been properly summoned but is absent without a valid reason or leaves the hearing without the consent of the Bench, the Bench shall still proceed to examine the petition to annul the arbitral award.

4. When examining the petition, the Bench does not re-examine the substance of the dispute but only checks the documents as prescribed in Article 51 of this Ordinance, compares the arbitral award with the provisions of Article 54 of this Ordinance, and makes a decision.

5. After reviewing the application, attached documents, evidence (if any), hearing the opinions of those summoned, the opinion of the Prosecutor, the Bench discusses and decides by majority vote.

The Bench has the authority to issue a decision to annul or not annul the arbitral award; suspend the examination of the application if the applicant withdraws the request for annulment of the arbitral award or was duly summoned but absent without a legitimate reason or leaves the session without the consent of the Bench.

Within fifteen days from the date of issuance of the decision, the Court must send a copy of the decision to the parties, the Arbitration Center or the Arbitration Tribunal established by the parties, and the same-level Prosecution Office.

6. In the event that the Bench annuls the arbitral award, unless otherwise agreed, the parties have the right to bring the dispute to court for resolution.

7. In the case where the Bench does not annul the arbitral award, the arbitral award shall be enforced according to the provisions of Article 57 of this Ordinance.

Article 54. Grounds for Annulment of the Arbitral Award

The Court issues a decision to annul the arbitral award if the party requesting it proves that the Arbitration Tribunal issued the arbitral award in one of the following cases:

1. There is no arbitration agreement.

2. The arbitration agreement is void under the provisions of Article 10 of this Ordinance.

3. The composition of the Arbitration Tribunal or the arbitration proceedings does not comply with the agreement of the parties as provided for in this Ordinance.

4. The dispute does not fall within the jurisdiction of the Arbitration Tribunal; in the case where part of the arbitral award does not fall within the jurisdiction of the Arbitration Tribunal, that part of the decision will be annulled.

5. The party requesting it proves that during the resolution of the dispute, an arbitrator violated the duties of an arbitrator as stipulated in Clause 2 of Article 13 of this Ordinance.

6. The arbitral award contravenes the public interest of the Socialist Republic of Vietnam.

Article 55. Appeal and Protest against the Court's Decision

1. Within fifteen days from the date the Court issues the decision as provided for in Article 53 of this Ordinance, the parties have the right to appeal, and the same-level Prosecution Office or the Supreme People's Prosecution Office has the right to protest the Court's decision. The time limit for the protest by the same-level Prosecution Office is fifteen days, and by the Supreme People's Prosecution Office is thirty days, from the date the Court issues the decision.

The appeal petition and the protest decision must clearly state the reasons and demands of the appeal and protest. The appeal petition and protest decision must be sent to the Court that issued the decision. Upon receiving the appeal petition, the Court immediately notifies the appealing party to pay the appeal fee.

2. In the case where one of the parties is absent at the first-instance trial, the time limit for appeal as stipulated in paragraph 1 of this Article is calculated from the date the copy of the decision is handed over to the absent party; if the appeal is overdue due to force majeure, the time limit is calculated from the date when the force majeure no longer exists.

Within fifteen days from the date of receipt of the protest decision or receipt of the appeal petition and the appealing party has paid the appeal fee, the Court that issued the decision must transfer the file to the Supreme People's Court.

Article 56. Examination of Appeals and Protests

1. Within thirty days from the date of receipt of the appeal file or protest decision, the Supreme People's Court must convene a session to examine and decide. If it is necessary to request the appellant or protester to explain the contents of the appeal or protest, the time limit for convening the session may be extended but not more than sixty days from the date of receipt of the appeal or protest file.

The Court must transfer the file to the same-level Prosecution Office seven working days before the date of the session.

2. The composition of the Bench examining appeals and protests consists of three Judges, including one Judge designated as the presiding Judge by the Supreme People's Court.

The session is conducted with the presence of the disputing parties, their lawyers (if any), and the Prosecutor of the same-level Prosecution Office.

In the case where a party that did not appeal requests the Court to render judgment in absentia or was duly summoned but absent without a legitimate reason or leaves the session without the consent of the Bench, the Bench still proceeds with the trial.

After reviewing the appeal petition, protest decision, attached documents, evidence (if any), hearing the opinions of the parties summoned, the opinion of the Prosecutor, the Bench discusses and decides by majority vote.

The Bench has the authority to uphold, amend partially or entirely the decision of the first-instance Court; suspend the examination of the appeal in the case where the Prosecution Office withdraws the protest decision, the appellant withdraws the appeal or was duly summoned but absent without a legitimate reason or leaves the session without the consent of the Bench.

The decision of the Supreme People's Court is final and enforceable.

Article 57. Enforcement of the Arbitral Award

1. After thirty days from the expiration of the enforcement period of the arbitral award, if one party does not voluntarily enforce it and does not request its annulment as provided for in Article 50 of this Ordinance, the party entitled to enforce the arbitral award has the right to submit an application to the enforcement agency of the province where the headquarters, residence, or property of the party obligated to enforce the award is located, to enforce the arbitral award.

2. In the case where one of the parties requests the Court to annul the arbitral award, the arbitral award shall be enforced from the date the Court's decision not to annul the arbitral award becomes effective.

3. The procedure, formalities, and time limit for enforcing the arbitral award are governed by the laws on civil enforcement.

Article 58. Court fees related to arbitration

Fees for requesting the Court to appoint an arbitrator, apply interim measures, request annulment of the arbitral award, appeal the Court's decision, and other fees are prescribed by the Government.

Chapter VII

STATE MANAGEMENT OF ARBITRATION

Article 59. Content of State Management of Arbitration

1. Issuing legal regulations on arbitration.

2. Guiding the implementation of legal regulations on arbitration.

3. Granting, revoking licenses for establishment and registration of operation of Arbitration Centers.

4. Organizing, guiding training, capacity building, and establishing a team of arbitrators; international cooperation in the field of arbitration.

5. Inspection, handling complaints, accusations, and dealing with violations of arbitration law.

Article 60. State management agencies for arbitration

1. The Government uniformly manages state affairs concerning arbitration.

2. The Ministry of Justice is responsible before the Government for performing state management functions regarding arbitration.

3. The Ministry of Justice collaborates with the Vietnam Bar Association in managing state affairs concerning arbitration.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 61. The Ordinance shall apply to organizations of arbitration established prior to the effective date of this Ordinance.

1. Arbitration Centers established prior to the effective date of this Ordinance need not go through re-establishment procedures. These Centers must amend and supplement their Bylaws and Arbitration Rules to comply with the provisions of this Ordinance within twelve months from the date of its effectiveness. If they fail to make such amendments and supplements beyond this period, they must cease operations.

2. Arbitration agreements concluded prior to the effective date of this Ordinance shall be implemented according to the applicable laws at the time of agreement signing.

3. Arbitral awards made by Arbitration Centers established and operating under Decree No. 116/CP dated September 5, 1994 of the Government, and those made by the Vietnam International Arbitration Center established and operating under Decision No. 204/TTg dated April 28, 1993 and Decision No. 114/TTg dated February 16, 1996 of the Prime Minister, if not yet enforced, shall be enforced according to Article 6 and Article 57 of this Ordinance.

Article 62. Effectiveness

1. This Ordinance shall take effect from July 1, 2003.

2. The following legal regulatory documents shall become invalid from July 1, 2003:

a) Decree No. 116/CP dated September 5, 1994 of the Government on the organization and operation of economic arbitration;

b) Decision No. 204/TTg dated April 28, 1993 of the Prime Minister on the establishment of the Vietnam International Arbitration Center;

c) Decision No. 114/TTg dated February 16, 1996 of the Prime Minister on expanding the jurisdiction of the Vietnam International Arbitration Center to resolve disputes.

Article 63. Responsibilities of the Ministry of Science and Technology Implementation Provisions

The Government, the Supreme People's Court, and the Supreme People's Procuracy shall, within the scope of their respective duties and powers, provide detailed regulations and guidance on implementing this Ordinance.