Decree No. 328/2025/NĐ-CP On International Arbitration Centers within the International Financial Center in Vietnam

Article 1. Scope of Regulation

This Decree provides detailed regulations and guidance for implementing Point c2 Clause 1 Article 9, Clause 3 Article 30 of Resolution No. 222/2025/QH15 dated June 27, 2025 of the National Assembly on the International Financial Center in Vietnam (hereinafter referred to as Resolution No. 222/2025/QH15) regarding the establishment and operation of the International Arbitration Center under the International Financial Center in Vietnam (hereinafter referred to as the International Arbitration Center); criteria for founders and arbitrators of the International Arbitration Center.

Article 2. Applicability

1. The International Arbitration Center, founders, arbitrators of the International Arbitration Center.

2. Members of the International Financial Center, investors, organizations, individuals related to investment, business activities and dispute resolution at the International Arbitration Center.

3. Management agencies, supervisory agencies of the International Financial Center.

4. Other agencies, organizations, individuals related.

Chapter II 

ESTABLISHMENT AND OPERATION OF THE INTERNATIONAL ARBITRATION CENTER

Article 3. Establishment of the International Arbitration Center

1. The International Arbitration Center shall be established upon permission granted by the Minister of Justice when there are at least five founders meeting the criteria stipulated in Clause 1 Article 7 of this Decree requesting its establishment.

2. The International Arbitration Center shall be located within the International Financial Center in Ho Chi Minh City and shall have legal personality, seal, separate account, operate independently in terms of organization and finance.

3. The establishment, registration of operations, and announcement of establishment of the International Arbitration Center shall be carried out in accordance with the provisions of the Commercial Arbitration Law and this Decree.

Article 4. Operation of the International Arbitration Center

1. The operation of the International Arbitration Center shall be conducted in accordance with the provisions of the Commercial Arbitration Law, Resolution No. 222/2025/QH15, and this Decree.

2. The rights and obligations of the International Arbitration Center shall be implemented in accordance with the provisions of the Commercial Arbitration Law.

3. The International Arbitration Center has the responsibility to ensure effective, fair, and transparent operations.

4. The application of foreign laws by the International Arbitration Center shall be carried out in accordance with the provisions of Clause 2 Article 6 of Resolution No. 222/2025/QH15 and Clause 2 Article 14 of the Commercial Arbitration Law.

5. In cases where the parties agree to resolve disputes at the International Arbitration Center, the disputing parties have the right to agree to waive their right to request the Court to annul the recognition agreement of the parties or the arbitral award having legal effect of the Arbitration Tribunal under the International Arbitration Center. The Court will not adjudicate requests to annul awards, decisions of the Arbitration Tribunal when the parties have waived this right in writing.

6. The agreement to waive the right to request the Court to annul the recognition agreement of the parties or the arbitral award having legal effect of the Arbitration Tribunal under the International Arbitration Center is part of the arbitration agreement as provided for by the Commercial Arbitration Law.

The Court shall not refuse to adjudicate requests to annul awards, decisions of the Arbitration Tribunal in the following cases:

a) The waiver agreement falls within the cases of void agreements stipulated in Article 18 of the Commercial Arbitration Law;

b) The agreement was made after the time one party submitted a request to annul the award, decision of the Arbitration Tribunal to the Court.

Article 5. Competence to resolve disputes of the International Arbitration Center

1. The International Arbitration Center has the competence to resolve disputes pursuant to agreements between parties related to investment and business activities at the International Financial Center according to the rules and regulations issued by the International Arbitration Center, except for disputes specified in Clause 2 of this Article.

2. The International Arbitration Center does not resolve the following disputes:

a) Disputes with the subject matter being administrative decisions or administrative acts of state management agencies or persons with authority;

b) Disputes related to labor;

c) Disputes related to personal rights of individuals;

d) Other issues related to state management that have been resolved by judgments or decisions of competent state management agencies or courts in Vietnam.

Article 6. Termination of operations of the International Arbitration Center

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

a) Being revoked of the establishment license or registration certificate for operation in accordance with the laws on commercial arbitration;

b) Cases stipulated in the Charter of the International Arbitration Center.

2. The procedures, formalities, and competence to terminate the operations of the International Arbitration Center shall be carried out in accordance with the provisions of the laws on commercial arbitration.

Article 7. Standards for founders and arbitrators of the International Arbitration Center

1. Persons meeting all of the following criteria may serve as founders of the International Arbitration Center:

a) Be a Vietnamese citizen;

b) Have full civil capacity and full capacity for civil conduct in accordance with the Civil Code;

c) Hold a bachelor's degree or higher;

d) Possess an English proficiency level of at least Level 5 in the six-level foreign language proficiency framework for Vietnam issued by the Ministry of Education and Training or equivalent;

đ) Have at least 10 years of practical experience in resolving disputes through arbitration related to the fields of investment and business; preference given to those with specialized knowledge in finance and banking;

e) Have participated in issuing at least 10 arbitration awards;

g) Be an arbitrator of an arbitration center established in accordance with Vietnamese law.

2. Arbitrators of the International Arbitration Center include Vietnamese citizens and foreign citizens. The International Arbitration Center sets its own standards for arbitrators.

3. The following cases are not eligible to serve as arbitrators:

a) Persons currently serving as judges, prosecutors, investigators, enforcement officers, or civil servants of the People's Court, People's Procuracy, or enforcement agency;

b) Persons currently being criminal defendants, those currently serving criminal sentences, or those who have completed their sentences but have not yet had their criminal records expunged.

Chapter III 

IMPLEMENTING PROVISIONS

Article 8. Implementation clause

1. This Decree takes effect from December 18, 2025.

2. In case the referenced documents in this Decree are amended, supplemented, or replaced, they shall be implemented in accordance with the corresponding provisions of the amended, supplemented, or replacement documents.

Article 9. Responsibility for implementation

The Minister, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairman of the People's Committee of Ho Chi Minh City, Chairman of the People's Committee of Da Nang City, relevant organizations, and individuals are responsible for implementing this Decree.