Law on Commercial Arbitration No. 54/2010/QH12

LAW

Commercial Arbitration

__________

BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

The National Assembly enacts the Commercial Arbitration Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the jurisdiction of commercial arbitration, forms of arbitration, arbitration organizations, arbitrators; procedures and arbitration proceedings; rights, obligations, and responsibilities of parties in arbitration litigation; the jurisdiction of courts over arbitration activities; organization and operation of foreign arbitration in Vietnam, enforcement of arbitration awards.

Article 2. Jurisdiction to resolve disputes of arbitration

1. Disputes arising from commercial activities between the parties.

2. Disputes arising between the parties where at least one party engages in commercial activity.

3. Other disputes between the parties that are prescribed by law to be resolved through arbitration.

Article 3. Explanation of Terms

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

1. Commercial Arbitration is a method of dispute resolution agreed upon by the parties and conducted in accordance with this Law.

2. Arbitration agreement is an agreement between the parties regarding the resolution of disputes that may arise or have arisen through arbitration.

3. Disputing parties are individuals, agencies, organizations of Vietnam or foreign countries participating in arbitration litigation as plaintiffs or defendants.

4. Dispute with foreign elements is a dispute arising from commercial relations or other legal relations with foreign elements as defined in the Civil Code.

5. Arbitrator is a person selected by the parties or designated by the Arbitration Center or Court to resolve disputes in accordance with this Law.

6. Institutional arbitration is a form of dispute resolution at an Arbitration Center in accordance with this Law and the procedural rules of that Arbitration Center.

7. Ad hoc arbitration is a form of dispute resolution in accordance with this Law and the procedure and process agreed upon by the parties.

8. Place of dispute resolution is the location where the Arbitration Tribunal conducts dispute resolution according to the agreed selection of the parties or decided by the Arbitration Tribunal if the parties do not have an agreement. If the place of dispute resolution is conducted on the territory of Vietnam, the award must be considered rendered in Vietnam regardless of the location where the Arbitration Tribunal convenes to issue the award.

9. Arbitral Award Interim decision

10. Arbitration award is the decision of the Arbitration Tribunal resolving the entire content of the dispute and terminating arbitration litigation.

11. Foreign arbitration is arbitration established in accordance with the foreign arbitration laws chosen by the parties to conduct dispute resolution outside the territory of Vietnam or within the territory of Vietnam.

12. Foreign arbitration award is an award issued by foreign arbitration outside the territory of Vietnam or within the territory of Vietnam to resolve disputes chosen by the parties.

Article 4. Principles for resolving disputes through arbitration

1. Arbitrators must respect agreements of the parties if such agreements do not violate prohibitions and contravene social morals.

2. Arbitrators must be independent, impartial, unbiased, and comply with the provisions of the law.

3. Disputing parties are equal in rights and obligations. The Arbitration Tribunal has the responsibility to create conditions for them to exercise their rights and fulfill their obligations.

4. Resolving disputes through arbitration shall be conducted in private, except where the parties agree otherwise.

5. An arbitration award is final.

Article 5. Conditions for resolving disputes through Arbitration

1. Disputes shall be resolved through arbitration if the parties have agreed to arbitration. The arbitration agreement may be established before or after the dispute arises.

2. In cases where one party to the arbitration agreement is an individual who dies or loses capacity, the arbitration agreement remains effective against the heir or legal representative of that person, except where the parties have agreed otherwise.

3. In cases where one party to the arbitration agreement is an organization that ceases operations, goes bankrupt, is dissolved, merges, consolidates, splits, or changes organizational form, the arbitration agreement remains effective against the organization that assumes the rights and obligations of that organization, except where the parties have agreed otherwise.

Article 6. Court refusal to accept jurisdiction in case of an arbitration agreement

Where the disputing parties have entered into an arbitration agreement and one party initiates proceedings at court, the court must refuse to accept jurisdiction, except where the arbitration agreement is void or unenforceable.

Article 7. Determination of the competent court for arbitral activities

1. Where the parties have agreed to select a specific court, the competent court is the court chosen by the parties.

2. Where the parties have not agreed on a court selection, the jurisdiction of the court is determined as follows:

a) For the appointment of an arbitrator to establish an arbitral tribunal, the competent court is the court where the defendant resides if the defendant is an individual, or where the defendant has its principal office if the defendant is an organization. Where there are multiple defendants, the competent court is the court where one of the defendants resides or has its principal office. Where the defendant resides or has its principal office abroad, the competent court is the court where the plaintiff resides or has its principal office;

b) For the replacement of an arbitrator of the arbitral tribunal, the competent court is the court where the arbitral tribunal resolves the dispute;

c) For appeals regarding the arbitral tribunal's decision on the invalidity of the arbitration agreement, the unenforceability of the arbitration agreement, or the arbitral tribunal's jurisdiction, the competent court is the court where the arbitral tribunal rendered the decision;

d) For requests for the court to gather evidence, the competent court is the court where the evidence needs to be gathered;

đ) For requests for the court to apply interim measures, the competent court is the court where the interim measures need to be applied;

e) For summoning witnesses, the competent court is the court where the witness resides;

g) For requests to set aside an arbitral award, or to register an arbitral award, the competent court is the court where the arbitral tribunal rendered the arbitral award.

Article 8. Determination of the competent enforcement agency for enforcing arbitral awards and decisions on interim measures issued by the arbitral tribunal

1. The competent civil enforcement agency for enforcing an arbitral award is the civil enforcement agency of a province or centrally governed city where the arbitral tribunal rendered the award.

2. The competent civil enforcement agency for enforcing a decision on interim measures issued by the arbitral tribunal is the civil enforcement agency of a province or centrally governed city where the interim measures need to be applied.

Article 9. Negotiation and Mediation in Arbitration Proceedings

During arbitration proceedings, the parties have the right to freely negotiate and agree with each other on the resolution of disputes or request the Arbitral Tribunal to mediate so that the parties can agree on the resolution of disputes.

Article 10. Language

1. For disputes without foreign elements, the language used in arbitration proceedings shall be Vietnamese, except for disputes where at least one party is a foreign-invested enterprise. In cases where a disputing party cannot use Vietnamese, they may choose an interpreter to translate into Vietnamese.

2. For disputes with foreign elements, or disputes where at least one party is a foreign-invested enterprise, the language used in arbitration proceedings shall be agreed upon by the parties. If the parties do not reach an agreement, the language used in arbitration proceedings shall be decided by the Arbitral Tribunal.

Article 11. Place of Dispute Resolution by Arbitration

1. The parties have the right to agree on the place of dispute resolution; if there is no such agreement, the Arbitral Tribunal shall decide. The place of dispute resolution may be within the territory of Vietnam or outside the territory of Vietnam.

2. Unless otherwise agreed by the parties, the Arbitral Tribunal may hold hearings at a location deemed appropriate for the exchange of opinions among members of the Arbitral Tribunal, taking statements from witnesses, consulting experts, or conducting appraisals of goods, assets, or other documents.

Article 12. Sending Notices and Procedures for Sending Notices

If the parties do not have a different agreement or if the arbitration center's procedural rules do not provide otherwise, the method and procedure for sending notices in arbitration proceedings shall be as follows:

1. Each party’s memorials, transactional documents, and other materials must be sent to the arbitration center or the Arbitral Tribunal in sufficient copies for each member of the Arbitral Tribunal to have one copy, the opposing party one copy, and one copy retained at the arbitration center;

2. Notices and documents sent by the arbitration center or the Arbitral Tribunal to the parties shall be delivered to the addresses provided by the parties or to their representatives at the addresses specified by the parties;

3. Notices and documents may be sent by the arbitration center or the Arbitral Tribunal through direct delivery, registered mail, ordinary mail, fax, telex, telegram, email, or by another method that records the dispatch;

4. Notices and documents dispatched by the arbitration center or the Arbitral Tribunal shall be considered received on the day the parties or their representatives actually receive them or are deemed to have received them if the notices or documents were dispatched in accordance with the provisions of Clause 2 of this Article;

5. The time limit for receiving notices and documents begins on the day following the date they are considered received. If the day following is a public holiday or non-working day according to the regulations of the country or region where the notice or document was received, the time limit starts from the first working day thereafter. If the last day of the time limit falls on a public holiday or non-working day according to the regulations of the country or region where the notice or document was received, the deadline will be the end of the first working day thereafter.

Article 13. Loss of Right to Object

In cases where one party discovers a violation of this Law or of the arbitration agreement but continues with the arbitration proceedings and does not object to such violations within the time limit prescribed by this Law, that party shall lose the right to object before the Arbitration Tribunal or Court.

Article 14. Applicable Law for Dispute Resolution

1. For disputes without foreign elements, 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; if the parties have no agreement on the applicable law, the Arbitration Panel shall decide to apply the law which it considers most appropriate.

3. Where Vietnamese law or the law chosen by the parties does not contain specific provisions related to the content of the dispute, the Arbitration Panel may apply international custom to resolve the dispute provided that the application or consequences thereof do not contravene the fundamental principles of Vietnamese law.

Article 15. State Management of Arbitration

1. State management of arbitration includes the following contents:

a) Issuing and guiding the implementation of legal normative documents on arbitration;

b) Issuing and revoking licenses for the establishment and operation registration certificates of arbitration centers; branches, representative offices of foreign arbitration organizations in Vietnam;

c) Publishing lists of arbitrators of arbitration organizations operating in Vietnam;

d) Promoting and disseminating arbitration laws; international cooperation in the field of arbitration; guiding the training and improvement of arbitrators;

đ) Inspecting, auditing, and handling violations of arbitration laws;

e) Resolving complaints and denunciations related to activities specified in points b, c, d, and đ of this clause.

2. The Government shall uniformly manage state affairs concerning arbitration.

3. The Ministry of Justice shall be responsible to the Government for implementing state management of arbitration.

4. Provincial Department of Justice shall assist the Ministry of Justice in performing certain tasks as prescribed by the Government and stipulated in this Law.

Chapter II

ARBITRATION AGREEMENTS

Article 16. Forms of Arbitration Agreement

1. An arbitration agreement may be established in the form of an arbitration clause in a contract or as a separate agreement.

2. An arbitration agreement must be established in writing. The following forms of agreement are also considered to be established in writing:

a) An agreement established through exchanges between the parties via telegram, fax, telex, email, and other forms as prescribed by law;

b) An agreement established through written information exchanges between the parties;

c) An agreement recorded in writing by a lawyer, notary public, or authorized organization at the request of the parties;

d) In transactions, the parties refer to a document containing an arbitration agreement such as a contract, voucher, company regulations, and similar documents;

đ) Through exchanges regarding the complaint and defense statement wherein the existence of an agreement proposed by one party and not denied by the other party is expressed.

Article 17. Consumer's Right to Choose Dispute Resolution Method

For disputes between suppliers of goods and services and consumers, even though an arbitration clause has been recorded in the general terms of supply of goods and services prepared by the supplier, the consumer still has the right to choose arbitration or court to resolve the dispute. A supplier of goods and services may only initiate proceedings at arbitration if the consumer consents.

Article 18. Void Arbitration Agreement

1. Disputes arise in areas not within the jurisdiction of arbitration as prescribed in Article 2 of this Law.

2. The person establishing the arbitration agreement does not have the authority as prescribed by law.

3. The person establishing the arbitration agreement lacks full capacity for civil conduct as prescribed by the Civil Code.

4. The form of the arbitration agreement does not comply with the provisions of Article 16 of this Law.

5. One of the parties was deceived, threatened, or coerced during the establishment of the arbitration agreement and requests that the arbitration agreement be declared void.

6. The arbitration agreement violates prohibitions under the law.

Article 19. Independence of the Arbitration Agreement

The arbitration agreement is entirely independent from the contract. Changes, extensions, cancellations, invalidity, or impossibility of performance of the contract do not affect the validity of the arbitration agreement.

Chapter III

ARBITRATORS

Article 20. Qualifications of Arbitrators

1. Persons meeting all of the following criteria may serve as arbitrators:

a) Having full capacity for civil conduct as prescribed by the Civil Code;

b) Holding a university degree and having at least five years of practical work experience in their field of study;

c) In special cases, experts with high professional qualifications and extensive practical experience, even if they do not meet the requirements set forth in point b of this clause, may also be selected as arbitrators.

2. Persons meeting the qualifications prescribed in paragraph 1 of this Article but falling into one of the following categories shall not serve as arbitrators:

a) Judges, prosecutors, investigators, enforcement officers, or civil servants of the People's Court, People's Procuracy, Investigation Agency, or Enforcement Agency;

b) Individuals who are defendants, accused persons, or currently serving criminal sentences, or have completed their sentences but have not had their criminal records expunged.

3. Arbitration centers may establish higher standards than those prescribed in paragraph 1 of this Article for arbitrators of their organizations.

Article 21. Rights and Obligations of Arbitrators

1. Accepting or declining to resolve disputes.

2. Independence in resolving disputes.

3. Refusing to provide information related to the dispute.

4. Receiving remuneration.

5. Maintaining confidentiality regarding the content of the dispute they resolve, except when required to provide information to competent state agencies as prescribed by law.

6. Ensuring impartial, prompt, and timely resolution of disputes.

7. Adhering to professional ethics.

Article 22. Arbitration Association

The Arbitration Association is a social-professional organization of arbitrators and arbitration centers nationwide. The establishment and operation of the Arbitration Association are carried out according to the regulations on professional associations.

Chapter IV

ARBITRATION CENTER

Article 23. Functions of Arbitration Centers

Arbitration centers have the function of organizing and coordinating the activities of resolving disputes through arbitration rules and supporting arbitrators in administrative, office, and other assistance during the arbitration proceedings.

Article 24. Conditions and Procedures for Establishing Arbitration Centers

1. An arbitration center is established when there are at least five founding members who are Vietnamese citizens meeting the conditions to be arbitrators as prescribed in Article 20 of this Law, who propose its establishment and obtain a license for establishment from the Minister of Justice.

2. The application dossier for establishing an arbitration center includes:

a) Application for establishment;

b) Draft charter of the arbitration center according to the model issued by the Ministry of Justice;

c) List of founding members and accompanying documents proving that these individuals meet the conditions prescribed in Article 20 of this Law.

3. Within thirty days from the date of receipt of a complete and valid dossier, the Minister of Justice issues a license for the establishment of the arbitration center and approves its charter; in case of refusal, a written response must be provided with reasons stated.

Article 25. Registration of Arbitration Center's Activities

Within thirty days from the date of receipt of the License for Establishment, the Arbitration Center must register its activities with the Department of Justice of the province or centrally-administered city where the Arbitration Center is headquartered. If the Arbitration Center fails to register within this period, the license will lose its validity. The Department of Justice shall issue the Certificate of Registration for the Arbitration Center no later than fifteen days from the date of receiving the registration request.

Article 26. Announcement of Establishment of Arbitration Center

1. Within thirty days from the date of issuance of the Certificate of Registration, the Arbitration Center must publish in three consecutive issues of a central daily newspaper or a local newspaper at the place of registration the following main contents:

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

b) Scope of activities of the Arbitration Center;

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

d) Date of commencement of operations of the Arbitration Center.

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 27. Legal Personality and Structure of the Arbitration Center

1. The Arbitration Center has legal personality, its own seal and separate bank account.

2. The Arbitration Center operates without profit-making objectives.

3. The Arbitration Center may establish Branches and Representative Offices both domestically and abroad.

4. The Arbitration Center has a Management Board and a Secretariat. The structure and organization of the Arbitration Center are stipulated in its Charter. The Management Board of the Arbitration Center consists of the Chairman, one or more Vice Chairmen, and may include a General Secretary appointed by the Chairman of the Arbitration Center. The Chairman of the Arbitration Center is an Arbitrator.

5. The Arbitration Center maintains a list of Arbitrators.

Article 28. Rights and Obligations of the Arbitration Center

1. To draft the Charter and arbitration rules of the Arbitration Center in accordance with the provisions of this Law.

2. To establish standards for Arbitrators and procedures for selection, establishment of lists of Arbitrators, and removal of Arbitrators from such lists.

3. To submit the list of Arbitrators and changes to the list of Arbitrators of the Arbitration Center to the Ministry of Justice for publication.

4. To appoint Arbitrators to form an Arbitral Tribunal in cases prescribed by this Law.

5. To provide arbitration services, mediation, and other methods of resolving commercial disputes as prescribed by law.

6. To provide administrative, office, and other services for dispute resolution.

7. To collect arbitration fees and other lawful charges related to arbitration activities.

8. To pay remuneration and other expenses to Arbitrators.

9. To organize training to enhance the qualifications and skills of Arbitrators in dispute resolution.

10. To report annually on the activities of the Arbitration Center to the Department of Justice where the Arbitration Center is registered.

11. To retain records and provide certified copies of arbitral awards upon request of the disputing parties or competent state authorities.

Article 29. Termination of Operations of the Arbitration Center

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

a) Cases provided for in the Charter of the Arbitration Center;

b) Revocation of the License for Establishment or Certificate of Registration.

2. The Government shall specify in detail the cases of revocation of the License for Establishment or Certificate of Registration and the procedures and formalities for terminating the operations of the Arbitration Center.

Chapter V

INSTITUTION OF SUIT

Article 30. Petition for Initiation of Arbitration Proceedings and Attached Documents

1. In cases where disputes are resolved at the Arbitration Center, the plaintiff must submit a petition for initiation of arbitration proceedings to the Arbitration Center. In cases where disputes are resolved through Ad hoc Arbitration, the plaintiff must prepare a petition for initiation of arbitration proceedings and send it to the defendant.

2. The petition for initiation of arbitration proceedings shall include the following contents:

a) Date of filing the complaint;

b) Names and addresses of the parties; names and addresses of witnesses, if any;

c) Summary of the dispute content;

d) Basis and evidence for initiating the arbitration proceeding, if any;

đ) Specific claims of the plaintiff and the value of the dispute;

e) Name and address of the arbitrator chosen by the plaintiff or proposed for designation by the plaintiff.

3. Along with the petition for initiation of arbitration proceedings, there must be attached the arbitration agreement, original or copy of related documents.

Article 31. Commencement of Arbitral Proceedings

1. In cases where disputes are resolved at the Arbitration Center, unless otherwise agreed by the parties, the commencement of arbitral proceedings shall be calculated from the date the Arbitration Center receives the plaintiff's petition for initiation of arbitration proceedings.

2. In cases where disputes are resolved through Ad hoc Arbitration, unless otherwise agreed by the parties, the commencement of arbitral proceedings shall be calculated from the date the defendant receives the plaintiff's petition for initiation of arbitration proceedings.

Article 32. Notification of Petition for Initiation of Arbitration Proceedings

If the parties have no other agreement or the Arbitration Center's procedural rules do not provide otherwise, within ten days from the date of receipt of the petition for initiation of arbitration proceedings, attached documents, and proof of payment of provisional arbitration fees, the Arbitration Center must send to the defendant a copy of the plaintiff's petition for initiation of arbitration proceedings and the documents as stipulated in Clause 3 of Article 30 of this Law.

Article 33. Statute of Limitations for Initiating Dispute Resolution by Arbitration

Unless otherwise provided by special laws, the statute of limitations for initiating arbitration proceedings is two years, counted from the date when lawful rights and interests are infringed upon.

Article 34. Arbitration Fees

1. Arbitration fees are revenues from providing services for resolving disputes through arbitration. Arbitration fees include:

a) Remuneration for arbitrators, travel expenses, and other expenses for arbitrators;

b) Expert consultation fees and other assistance requested by the Arbitration Tribunal;

c) Administrative fees;

d) Fees for appointing case arbitrators by the Arbitration Center at the request of the disputing parties;

đ) Fees for using other services provided by the Arbitration Center.

2. Arbitration fees are determined by the Arbitration Center. In cases where disputes are resolved by Ad hoc Arbitration, arbitration fees are determined by the Arbitration Tribunal.

3. The losing party shall bear the arbitration fees, except where the parties have agreed otherwise or the arbitration procedural rules provide otherwise or the Arbitration Tribunal has allocated differently.

Article 35. Statement of Defense and Submission of Statement of Defense

1. A statement of defense shall include the following contents:

a) Date of preparation of the statement of defense;

b) Name and address of the defendant;

c) Basis and evidence for the statement of defense, if any;

d) Name and address of the arbitrator chosen by the defendant or proposed for designation by the defendant.

2. For disputes resolved at the Arbitration Center, unless otherwise agreed by the parties or the Arbitration Center's procedural rules do not provide otherwise, within thirty days from the date of receipt of the petition for initiation of arbitration proceedings and attached documents, the defendant must submit a statement of defense to the Arbitration Center. At the request of one party or both parties, this period may be extended by the Arbitration Center based on the specific circumstances of the case.

3. For disputes resolved through Ad hoc Arbitration, unless otherwise agreed by the parties, within thirty days from the date of receipt of the plaintiff's petition for initiation of arbitration proceedings and attached documents, the defendant must submit a statement of defense to the plaintiff and the arbitrator, along with the name and address of the arbitrator chosen by the defendant.

4. If the defendant believes that the dispute does not fall within the jurisdiction of the arbitration, there is no arbitration agreement, the arbitration agreement is invalid, or the arbitration agreement cannot be performed, such matters must be clearly stated in the statement of defense.

5. If the defendant fails to submit a statement of defense as required under Clause 2 and Clause 3 of this Article, the dispute resolution process will still proceed.

Article 36. Counterclaim of the Defendant

1. The defendant has the right to counterclaim the plaintiff regarding issues related to the dispute.

2. The defendant's counterclaim must be submitted to the Arbitration Centre. In cases where the dispute is resolved through case arbitration, the counterclaim must be sent to the Arbitration Tribunal and the plaintiff. The counterclaim must be filed simultaneously with the statement of defense.

3. Within thirty days from the date of receipt of the counterclaim, the plaintiff must submit the statement of defense to the Arbitration Centre. In cases where the dispute is resolved through case arbitration, the plaintiff must submit the statement of defense to the Arbitration Tribunal and the defendant.

4. The resolution of the counterclaim shall be carried out by the Arbitration Tribunal resolving the plaintiff's claim according to the provisions of this Law on the procedure and process for resolving the plaintiff's claim.

Article 37. Withdrawal of Claim, Counterclaim; Amendment and Supplement to Claim, Counterclaim or Statement of Defense

Prior to the issuance of the arbitral award by the Arbitration Tribunal, the parties have the right to withdraw their claims or counterclaims.

2. During the arbitration proceedings, the parties may amend or supplement their claims, counterclaims, or statements of defense. The Arbitration Tribunal may refuse to accept such amendments or supplements if it deems that they may be abused to cause difficulties or delays in issuing the arbitral award or exceed the scope of the arbitration agreement applicable to the dispute.

Article 38. Negotiation during Arbitration Proceedings

From the commencement of arbitration proceedings, the parties still have the right to negotiate and agree to terminate the resolution of the dispute. If the parties reach an agreement to terminate the resolution of the dispute, they may request the Chairman of the Arbitration Centre to issue a decision to suspend the resolution of the dispute.

Chapter VI

ARBITRATION TRIBUNAL

Article 39. Composition of the Arbitration Tribunal

1. The composition of the Arbitration Tribunal may consist of one or more arbitrators as agreed upon by the parties.

2. Where the parties have no agreement on the number of arbitrators, the Arbitration Tribunal shall consist of three arbitrators.

Article 40. Establishment of the Arbitration Tribunal at the Arbitration Centre

In cases where the parties have no other agreement or the arbitration rules of the Arbitration Centre do not provide otherwise, the establishment of the Arbitration Tribunal shall be regulated as follows:

1. Within thirty days from the date of receipt of the claim and the request to appoint an arbitrator sent by the Arbitration Centre, the defendant must choose an arbitrator for themselves and notify the Arbitration Centre or request the Chairman of the Arbitration Centre to appoint an arbitrator. If the defendant does not choose an arbitrator or does not request the Chairman of the Arbitration Centre to appoint an arbitrator, then within seven days from the expiration of the period specified in this clause, the Chairman of the Arbitration Centre will appoint an arbitrator for the defendant;

2. In cases where there are multiple defendants, within thirty days from the date of receipt of the claim sent by the Arbitration Centre, the defendants must agree to choose an arbitrator or agree to request the appointment of an arbitrator for themselves. If the defendants cannot choose an arbitrator, then within seven days from the expiration of the period specified in this clause, the Chairman of the Arbitration Centre will appoint an arbitrator for the defendants;

3. Within fifteen days from the date the arbitrators are chosen by the parties or appointed by the Chairman of the Arbitration Centre, these arbitrators must elect another arbitrator as the President of the Arbitration Tribunal. If the election is not completed within this period, then within seven days from the expiration of the period specified in this clause, the Chairman of the Arbitration Centre will appoint the President of the Arbitration Tribunal;

4. In cases where the parties agree that the dispute shall be resolved by a single arbitrator but fail to choose an arbitrator within thirty days from the date the defendant receives the claim, upon the request of one or both parties and within fifteen days from the date of receipt of the request, the Chairman of the Arbitration Centre will appoint the sole arbitrator.

Article 41. Establishment of the Arbitration Tribunal

In the absence of other agreements between the parties, the establishment of the Arbitration Tribunal shall be governed as follows:

1. Within thirty days from the date the defendant receives the plaintiff's complaint, the defendant must select an arbitrator and notify the plaintiff of the arbitrator chosen. If the defendant fails to notify the plaintiff of the selected arbitrator within this period and the parties have no other agreement on the appointment of an arbitrator, the plaintiff may request the competent court to appoint an arbitrator for the defendant.

2. Where there are multiple defendants, they must agree to select an arbitrator within thirty days from the date of receiving the plaintiff's complaint and accompanying documents. If the defendants fail to select an arbitrator within this period and the parties have no other agreement on the appointment of an arbitrator, one or more parties may request the competent court to appoint an arbitrator for the defendants.

3. Within fifteen days from the date of being selected by the parties or appointed by the court, the arbitrators must elect another arbitrator as the Chairman of the Arbitration Tribunal. Should they fail to elect a Chairman and the parties have no other agreement, the parties may request the competent court to appoint the Chairman of the Arbitration Tribunal.

4. In cases where the parties agree that the dispute will be resolved by a single arbitrator but fail to select an arbitrator within thirty days from the date the defendant receives the complaint, and if the parties have not agreed to request a specific arbitration center to appoint the arbitrator, upon the request of one or more parties, the competent court shall appoint the sole arbitrator.

5. Within seven days from the date of receiving the request of the parties as stipulated in Clauses 1, 2, 3, and 4 of this Article, the Chief Judge of the competent court must assign a judge to appoint the arbitrator and notify the parties.

Article 42. Replacement of Arbitrators

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

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

b) The arbitrator has a direct interest in the dispute;

c) There is clear evidence indicating that the arbitrator lacks impartiality and objectivity;

d) Has been a mediator, representative, or lawyer for any party prior to bringing the dispute to arbitration, unless all parties have approved such involvement in writing.

2. From the date of selection or appointment, the arbitrator must notify the arbitration center or the Arbitration Tribunal and the parties in writing about any circumstances that could affect their impartiality and objectivity.

3. For disputes resolved at an arbitration center, if the Arbitration Tribunal has not yet been established, the replacement of the arbitrator shall be decided by the Chairman of the arbitration center. If the Arbitration Tribunal has already been established, the replacement of the arbitrator shall be decided by the remaining members of the Arbitration Tribunal. In case the remaining members of the Arbitration Tribunal cannot decide or if the arbitrators or the sole arbitrator refuse to resolve the dispute, the Chairman of the arbitration center decides on the replacement of the arbitrator.

4. For disputes resolved by the Arbitration Tribunal, the replacement of the arbitrator shall be decided by the remaining members of the Arbitration Tribunal. In case the remaining members of the Arbitration Tribunal cannot decide or if the arbitrators or the sole arbitrator refuse to resolve the dispute, within fifteen days from the date of receiving the request of the arbitrators mentioned above or of one or more disputing parties, the Chief Judge of the competent court shall assign a judge to decide on the replacement of the arbitrator.

5. The decision of the Chairman of the arbitration center or the court as stipulated in Clause 3 and Clause 4 of this Article is final.

6. In cases where an arbitrator is unable to continue participating in the resolution of disputes due to force majeure or objective obstacles, or is replaced, the selection and appointment of a substitute arbitrator shall be carried out according to the procedures and formalities prescribed by this Law.

7. After consulting with the parties, the newly established Arbitration Tribunal may reconsider issues that were raised during previous dispute resolution sessions of the former Arbitration Tribunal.

Article 43. Review of invalid arbitration agreements, unenforceable arbitration agreements, and the jurisdiction of the Arbitration Tribunal

1. Prior to examining the substance of the dispute, the Arbitration Tribunal must review the validity of the arbitration agreement; whether the arbitration agreement can be enforced and its own jurisdiction. In cases where the matter falls within its jurisdiction, the Arbitration Tribunal shall proceed to resolve the dispute in accordance with this Law. If the matter does not fall within its jurisdiction, the arbitration agreement is invalid, or it is determined that the arbitration agreement cannot be enforced, the Arbitration Tribunal shall decide to suspend proceedings and immediately notify the parties.

2. During the resolution of disputes, if it is discovered that the Arbitration Tribunal has exceeded its jurisdiction, the parties may appeal to the Arbitration Tribunal. The Arbitration Tribunal shall have the responsibility to review and decide.

3. Where the parties have agreed to resolve disputes at a specific Arbitration Center but that Arbitration Center has ceased operations without a successor arbitral institution, the parties may agree to select another Arbitration Center; if they cannot reach an agreement, they have the right to initiate litigation before the Court for resolution.

4. Where the parties have specifically agreed on the selection of arbitrators to arbitrate the case, but at the time of the dispute, due to force majeure or objective obstacles, the arbitrator cannot participate in resolving the dispute, the parties may agree to select another arbitrator to replace them; if they cannot reach an agreement, they have the right to initiate litigation before the Court for resolution.

5. Where the parties have agreed to arbitration but have not specified the form of arbitration or cannot determine a specific arbitral institution, when a dispute arises, the parties must renegotiate regarding the form of arbitration or a specific arbitral institution to resolve the dispute. If they cannot reach an agreement, the choice of form or arbitral institution to resolve the dispute shall be made according to the request of the plaintiff.

Article 44. Appeals and Resolution of Appeals against Decisions of the Arbitration Tribunal Regarding Absence of Arbitration Agreement, Invalid Arbitration Agreement, Unenforceable Arbitration Agreement, and Jurisdiction of the Arbitration Tribunal

1. In cases where the parties disagree with the decision of the Arbitration Tribunal as stipulated in Article 43 of this Law, within five working days from the date of receipt of the decision of the Arbitration Tribunal, the parties have the right to submit a petition requesting the competent Court to reconsider the decision of the Arbitration Tribunal. The party appealing must simultaneously notify the Arbitration Tribunal of the appeal.

2. The appeal petition must contain the following main contents:

a) Date of submission of the appeal petition;

b) Name and address of the appellant;

c) Content of the request.

3. The appeal petition must be accompanied by a copy of the complaint, the arbitration agreement, and the decision of the Arbitration Tribunal. In cases where the attached documents are in a foreign language, they must be translated into Vietnamese and certified as valid.

4. Within five working days from the date of receipt of the appeal petition, the Chief Judge of the competent Court shall assign a Judge to examine and resolve the appeal petition. Within ten working days from the date of assignment, the Judge must examine and decide. The decision of the Court is final.

5. While the Court is resolving the appeal petition, the Arbitration Tribunal may continue to resolve the dispute.

6. In cases where the Court decides that the dispute does not fall within the jurisdiction of the Arbitration Tribunal, there is no arbitration agreement, the arbitration agreement is invalid, or the arbitration agreement cannot be enforced, the Arbitration Tribunal shall issue a decision to suspend the resolution of the dispute. If there is no other agreement, the parties have the right to initiate litigation of the dispute before the Court. The statute of limitations for initiating litigation before the Court is determined according to the provisions of the law. The period from the date the plaintiff initiates proceedings at the Arbitration to the date the Court issues a decision to accept the resolution of the dispute is not counted towards the statute of limitations.

Article 45. Authority of the Arbitration Council to Verify Facts

During the process of resolving disputes, the Arbitration Council has the authority to meet or exchange with the parties in the presence of the other party through appropriate forms to clarify issues related to the dispute. The Arbitration Council may on its own initiative or at the request of one or more parties investigate facts from third parties, in the presence of the parties or after notifying the parties.

Article 46. Authority of the Arbitration Council to Collect Evidence

1. The parties have the right and obligation to provide evidence to the Arbitration Council to prove matters related to the disputed content.

2. At the request of one or more parties, the Arbitration Council has the authority to request witnesses to provide information and documents related to the resolution of disputes.

3. On its own initiative or at the request of one or more parties, the Arbitration Council has the authority to seek expert opinions or appraisals of assets involved in the dispute as a basis for resolving the dispute. The appraisal and valuation fees shall be temporarily paid by the party requesting the appraisal or valuation or allocated by the Arbitration Council.

4. On its own initiative or at the request of one or more parties, the Arbitration Council has the authority to consult the opinions of experts. The expert consultation costs shall be temporarily paid by the party requesting the consultation or allocated by the Arbitration Council.

5. In cases where the Arbitration Council, one or more parties have taken necessary measures to collect evidence but still cannot collect it themselves, they may submit a written request to the competent Court to require agencies, organizations, or individuals to provide readable, audible, visible materials or other objects related to the dispute. The request must clearly state the content of the case being resolved by arbitration, the evidence needed to be collected, the reasons for not being able to collect it, and the name and address of the agency, organization, or individual managing or storing the required evidence.

6. Within seven working days from the date of receipt of the request for collection of evidence, the Chief Judge of the competent Court shall assign a Judge to examine and resolve the request for collection of evidence. Within five working days from the date of assignment, the Judge must issue a written request for the agency, organization, or individual managing or storing the evidence to provide it to the Court and send this document to the same-level Procuracy to perform their functions and tasks according to the law. The agency, organization, or individual managing or storing the evidence must provide the evidence fully and promptly according to the Court's requirements within fifteen days from the date of receipt of the request. Within five working days from the date of receipt of the evidence provided by the agency, organization, or individual, the Court must notify the Arbitration Council and the requesting party to proceed with the handover of the evidence. If the agency, organization, or individual fails to provide the evidence as requested beyond the specified period, the Court must immediately notify the Arbitration Council and the requesting party and issue a written request for the competent authority to handle it according to the law.

Article 47. Authority of the Arbitration Council to Summon Witnesses

1. At the request of one or more parties and upon finding it necessary, the Arbitration Council has the authority to summon witnesses to attend the hearing to resolve disputes. The costs for witnesses shall be borne by the party requesting the summons or allocated by the Arbitration Council.

2. In cases where a witness summoned by the Arbitration Council does not attend the hearing without a valid reason and their absence hinders the resolution of the dispute, the Arbitration Council shall submit a written request to the competent Court to issue a decision summoning the witness to attend the Arbitration Council's hearing. The request must clearly state the content of the case being resolved by arbitration, the witness's name and address, the reason for summoning the witness, and the time and place the witness needs to be present.

3. Within seven working days from the date of receipt of the request to summon a witness from the Arbitration Council, the Chief Judge of the competent Court shall assign a Judge to examine and resolve the request to summon a witness. Within five working days from the date of assignment, the Judge must issue a decision to summon the witness. The decision to summon the witness must clearly state the name of the Arbitration Council requesting the summons, the content of the dispute, the witness's name and address, and the time and place the witness needs to be present according to the Arbitration Council's request. The Court must immediately send this decision to the Arbitration Council, the witness, and the same-level Procuracy to perform their functions and tasks according to the law. The witness has the obligation to strictly comply with the Court's decision. The costs for the witness shall be implemented according to the provisions of Clause 1 of this Article.

Chapter VII

TEMPORARY URGENT MEASURES

Article 48. Right to Request Provisional Measures

1. The disputing parties have the right to request the Arbitration Tribunal or Court to apply provisional measures in accordance with this Law and relevant laws, except where the parties have agreed otherwise.

2. A request for the Court to apply provisional measures shall not be deemed as rejecting the arbitration agreement or waiving the right to resolve disputes through arbitration.

Article 49. Authority of the Arbitration Tribunal to Apply Provisional Measures

1. Upon the request of one of the parties, the Arbitration Tribunal may apply one or more provisional measures against the disputing parties.

2. Provisional measures include:

a) Prohibiting changes to the status quo of disputed assets;

b) Prohibiting or compelling any disputing party to refrain from performing one or more specific acts to prevent actions that would adversely affect the arbitration proceedings;

c) Seizing disputed assets;

d) Requiring the preservation, storage, sale, or disposition of any asset of one or more parties;

đ) Temporary monetary relief between the parties;

e) Prohibiting the transfer of rights over disputed assets.

3. During the resolution of disputes, if one of the parties has previously requested the Court to apply one or more provisional measures as stipulated in Clause 2 of this Article and subsequently requests the Arbitration Tribunal to apply provisional measures, the Arbitration Tribunal must refuse such request.

4. Prior to applying provisional measures, the Arbitration Tribunal may require the requesting party to fulfill financial guarantees.

5. If the Arbitration Tribunal applies different or additional provisional measures beyond those requested by the requesting party, causing damage to the requesting party, the party subject to the measure, or a third party, the aggrieved party has the right to initiate a lawsuit before the Court to seek compensation according to civil procedure laws.

Article 50. Procedure for Applying Provisional Measures by the Arbitration Tribunal

1. The party requesting provisional measures must submit a petition to the Arbitration Tribunal.

2. The petition for provisional measures must contain the following main contents:

a) Date of submission;

b) Name and address of the party requesting provisional measures;

c) Name and address of the party subject to provisional measures;

d) Summary of the dispute;

đ) Reasons necessitating the application of provisional measures;

e) The provisional measures required and specific requests. Accompanying the petition for provisional measures, the requesting party must provide evidence to the Arbitration Tribunal to prove the necessity of applying such provisional measures.

3. According to the decision of the Arbitration Tribunal, the party requesting provisional measures must deposit a sum of money, precious metals, precious stones, or negotiable instruments as determined by the Arbitration Tribunal corresponding to the potential value of damages caused by incorrectly applying provisional measures to protect the interests of the party subject to provisional measures. The deposited amount, precious metals, precious stones, or negotiable instruments shall be placed in a frozen account at a bank designated by the Arbitration Tribunal.

4. Within three working days from the date of receipt of the petition, immediately after the requesting party has fulfilled the guarantee measures as stipulated in Clause 3 of this Article, the Arbitration Tribunal shall consider and issue a decision on applying provisional measures. In case of rejection, the Arbitration Tribunal shall notify the requesting party in writing and specify the reasons.

5. The enforcement of the decision on applying provisional measures by the Arbitration Tribunal shall be carried out in accordance with the provisions of the law on civil execution.

Article 51. Competence, Procedures for Changing, Supplementing, and Revoking Interim Emergency Measures by the Arbitration Tribunal

1. At the request of one party, the Arbitration Tribunal has the authority to change, supplement, or revoke interim emergency measures at any time during the dispute resolution process.

2. The procedures for changing and supplementing interim emergency measures shall be carried out in accordance with the provisions of Article 50 of this Law.

3. The Arbitration Tribunal shall revoke interim emergency measures that have been applied in the following cases:

a) The party requesting the application of interim emergency measures requests revocation;

b) The party required to execute the decision on applying interim emergency measures has submitted assets or another person has implemented a guarantee measure for fulfilling obligations towards the requesting party;

c) The obligation of the obligor ends according to the law.

4. The procedure for revoking interim emergency measures shall be carried out as follows:

a) The requesting party must submit a request for revocation of interim emergency measures to the Arbitration Tribunal;

b) The Arbitration Tribunal shall consider and issue a decision to revoke interim emergency measures and consider and decide for the requesting party to reclaim the security asset provided for in Clause 3 of Article 50 of this Law, except in cases where the requesting party must bear responsibility for compensating losses caused by wrongful requests to the Arbitration Tribunal to apply interim emergency measures, which cause damage to the party subject to interim emergency measures or a third party. The decision to revoke interim emergency measures must be immediately sent to the disputing parties and the Civil Enforcement Authority.

Article 52. Liability of the Party Requesting the Application of Interim Emergency Measures

The party requesting the application of interim emergency measures shall be liable for their request. In cases where the party requesting the application of interim emergency measures makes a wrongful request and causes damage to the other party or a third party, they must compensate for such damage.

Article 53. Competence, Procedure, and Procedures of the Court for Applying, Changing, and Revoking Interim Emergency Measures

1. After filing a lawsuit, if their legitimate rights and interests are infringed upon or there is a direct risk of infringement, one party has the right to submit a request to the competent court to apply one or more interim emergency measures.

2. Within three working days from the date of receiving the request for the application of interim emergency measures, the Chief Judge of the competent court shall assign a Judge to examine and resolve the matter. Within three working days from the date of assignment, the Judge must examine and decide whether to apply or not apply interim emergency measures. The Judge must issue a decision to apply interim emergency measures immediately after the requesting party implements the security measure. If the request is not accepted, the Judge must notify the requesting party in writing and specify the reasons.

3. One party has the right to request the court to change, supplement, or revoke interim emergency measures. The assignment of a Judge to examine and resolve requests for changing, supplementing, or revoking interim emergency measures shall be carried out in accordance with the provisions of Clause 2 of this Article.

4. The procedure and procedures for applying, changing, supplementing, and revoking interim emergency measures and supervising compliance with the law in the application of interim emergency measures by the court shall be carried out in accordance with the provisions of the Civil Procedure Code.

5. During the dispute resolution process, if one of the parties has already requested the Arbitration Tribunal to apply one or more interim emergency measures but then submits a request to the court to apply interim emergency measures, the court must reject and return the request, except in cases where the request to apply interim emergency measures does not fall within the jurisdiction of the Arbitration Tribunal.

Chapter VIII

DISPUTE RESOLUTION HEARING

Article 54. Preparation for the hearing to resolve disputes

1. In cases where the parties have no other agreement or the arbitration center's procedural rules do not provide otherwise, the time and place for opening the hearing shall be decided by the Arbitration Tribunal.

2. In cases where the parties have no other agreement or the arbitration center's procedural rules do not provide otherwise, the summons to attend the hearing must be sent to the parties at least thirty days before the date of the hearing.

Article 55. Composition and procedure of the hearing to resolve disputes

1. The hearing to resolve disputes shall be conducted in private, except where the parties have agreed otherwise.

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

3. With the consent of the parties, the Arbitration Tribunal may allow other persons to attend the hearing to resolve disputes.

4. The sequence and procedures for conducting the hearing to resolve disputes shall be governed by the arbitration center's procedural rules; for case-specific arbitrations, the procedures shall be agreed upon by the parties.

Article 56. Absence of the Parties

1. If the plaintiff has been properly summoned to attend the hearing to resolve disputes but is absent without a valid reason or leaves the hearing without the Arbitration Tribunal's approval, it shall be deemed that the lawsuit has been withdrawn. In this case, the Arbitration Tribunal will continue to resolve the dispute if the defendant requests or files a counterclaim.

2. If the defendant has been properly summoned to attend the hearing to resolve disputes but is absent without a valid reason or leaves the hearing without the Arbitration Tribunal's approval, the Arbitration Tribunal will continue to resolve the dispute based on existing documents and evidence.

3. At the request of the parties, the Arbitration Tribunal may conduct the hearing to resolve disputes based on the file without the presence of the parties.

Article 57. Postponement of the Hearing to Resolve Disputes

For valid reasons, one or more parties may request the Arbitration Tribunal to postpone the hearing to resolve disputes. Such a postponement request must be made in writing, stating the reason accompanied by evidence, and submitted to the Arbitration Tribunal at least seven working days before the scheduled hearing date. If the Arbitration Tribunal does not receive the request within this period, the requesting party shall bear all resulting costs, if any. The Arbitration Tribunal will consider and decide whether to accept or reject the postponement request and promptly notify the parties. The postponement period shall be determined by the Arbitration Tribunal.

Article 58. Mediation and Recognition of Successful Mediation

Upon the request of the parties, the Arbitration Tribunal will mediate to facilitate an agreement between the parties on resolving the dispute. When the parties reach an agreement on resolving the dispute, the Arbitration Tribunal will prepare a mediation record signed by the parties and confirmed by the arbitrators. The Arbitration Tribunal will issue a decision recognizing the agreement reached by the parties. This decision is final and binding, equivalent to an arbitral award.

Article 59. Suspension of Dispute Resolution

1. The dispute shall be suspended from resolution in the following cases:

a) The plaintiff or defendant is an individual who has died and their rights and obligations are not inherited;

b) The plaintiff or defendant is an agency or organization that has ceased operations, declared bankrupt, dissolved, merged, consolidated, divided, separated, or converted its organizational form without another agency or organization taking over the rights and obligations of such agency or organization;

c) The plaintiff withdraws the lawsuit or is deemed to have withdrawn the lawsuit according to Clause 1 of Article 56 of this Law, except where the defendant requests the continuation of dispute resolution;

d) The parties agree to terminate the resolution of the dispute;

đ) The court has decided that the dispute does not fall within the jurisdiction of the Arbitration Tribunal, there is no arbitration agreement, the arbitration agreement is void, or the arbitration agreement cannot be implemented according to Clause 6 of Article 44 of this Law.

2. The Arbitration Tribunal issues a decision to suspend the resolution of the dispute. In case the Arbitration Tribunal has not yet been established, the Chairman of the Arbitration Center shall issue a decision to suspend the resolution of the dispute.

3. When there is a decision to suspend the resolution of the dispute, the parties shall not have the right to initiate a lawsuit requesting the Arbitration to resolve the dispute again if the subsequent lawsuit does not differ from the previous dispute regarding the plaintiff, defendant, and the legal relationship in dispute, except for the cases provided for in points c and đ of Clause 1 of this Article.

Chapter IX

ARBITRATION DECISION

Article 60. Principles for Issuing an Arbitration Decision

1. The Arbitration Tribunal shall issue the arbitration decision by majority voting.

2. In case the voting does not reach a majority, the arbitration decision shall be issued according to the opinion of the Chairman of the Arbitration Tribunal.

Article 61. Content, Form, and Effectiveness of the Arbitration Decision

1. The arbitration decision must be made in writing and contain the following main contents:

a) Date, month, year, and place of issuance of the decision;

b) Name and address of the plaintiff and defendant;

c) Name, address of the arbitrator;

d) Summary of the lawsuit and disputed issues;

đ) Basis for issuing the decision, unless the parties have agreed not to mention the basis in the decision;

e) Result of resolving the dispute;

g) Time limit for enforcing the decision;

h) Allocation of arbitration costs and other related costs;

i) Signature of the arbitrator.

2. In case an arbitrator does not sign the arbitration decision, the Chairman of the Arbitration Tribunal must record this fact in the arbitration decision and state the reason. In this case, the arbitration decision remains effective.

3. The arbitration decision shall be issued immediately at the hearing or no later than thirty days from the date of the last hearing.

4. The arbitration decision must be sent to the parties immediately after issuance. The parties have the right to request the Arbitration Center or the Arbitration Tribunal to provide a copy of the arbitration decision.

5. The arbitration decision is final and takes effect from the date of issuance.

Article 62. Registration of Arbitration Decisions

1. At the request of one or more disputing parties, the arbitration decision of the case shall be registered with the Court where the Arbitration Tribunal issued the decision before requesting the competent enforcement authority to organize the enforcement of the arbitration decision. The registration or non-registration of the arbitration decision does not affect the content and legal value of the arbitration decision.

2. Within one year from the date of issuance of the arbitration decision, the party requesting the registration of the arbitration decision must submit a registration application to the competent Court along with the original or certified true copy of the following documents:

a) The arbitration decision issued by the Arbitration Tribunal;

b) Minutes of the hearing to resolve the dispute by the Arbitration Tribunal, if any;

c) Original or certified true copy of the arbitration agreement. The applicant shall bear responsibility for the authenticity of the documents submitted to the Court.

3. Within five working days from the date of receipt of the registration application, the Chief Judge of the Court must assign a Judge to examine the registration application. Within ten days from the date of assignment, the Judge must verify the authenticity of the accompanying documents and complete the registration. If it is determined that the arbitration decision is not genuine, the Judge will refuse to register, return the application and accompanying documents, and immediately notify the applicant of the refusal and the reasons. Within three working days from the date of receiving the notification from the Court, the applicant may appeal to the Chief Judge of the Court against the refusal to register the arbitration decision. Within three working days from the date of receiving the appeal, the Chief Judge of the Court must examine and issue a decision on the appeal. The decision of the Chief Judge of the Court is final.

4. Contents of the registration of the arbitration decision:

a) Time and place of registration;

b) Name of the Court conducting the registration;

c) Name and address of the party requesting registration;

d) Registered decision;

đ) Signature of the authorized person and stamp of the Court.

Article 63. Correction and Interpretation of Arbitral Awards; Supplementary Arbitral Awards

1. Within thirty days from the date of receipt of the award, unless otherwise agreed by the parties regarding the time limit, one party may request the arbitral tribunal to correct obvious typographical errors, numerical errors due to mistake or incorrect calculation in the award, provided that such party immediately notifies the other party thereof. If the arbitral tribunal finds the request reasonable, it must make the correction within thirty days from the date of receipt of the request.

2. Within thirty days from the date of receipt of the award, unless otherwise agreed by the parties regarding the time limit, one party may request the arbitral tribunal to interpret specific points or parts of the content of the award, provided that such party immediately notifies the other party thereof. If the arbitral tribunal finds the request reasonable, it must provide the interpretation within thirty days from the date of receipt of the request. The content of the interpretation shall be part of the award.

3. Within thirty days from the date of issuance of the award, the arbitral tribunal may proactively correct the errors specified in Clause 1 of this Article and immediately notify the parties thereof.

4. In the absence of any agreement to the contrary, within thirty days from the date of receipt of the award, one party may request the arbitral tribunal to issue a supplementary award for claims presented during the proceedings but not recorded in the award, provided that such party immediately notifies the other party thereof. If the arbitral tribunal considers the request reasonable, it must issue the supplementary award within forty-five days from the date of receipt of the request.

5. Where necessary, the arbitral tribunal may extend the time for correction, interpretation, or issuance of a supplementary award as stipulated in Clauses 1, 2, and 4 of this Article.

Article 64. Preservation of Records

1. The arbitration center is responsible for preserving records of disputes accepted for adjudication. Records of disputes resolved by case arbitrators shall be preserved by the parties or the arbitrators.

2. Arbitration records shall be preserved for five years from the date of issuance of the arbitration award or decision to suspend dispute resolution through arbitration.

Chapter X

ENFORCEMENT OF ARBITRAL AWARDS

Article 65. Voluntary Enforcement of Arbitral Awards

The State encourages the parties to voluntarily enforce arbitral awards.

Article 66. Right to Request Enforcement of Arbitral Awards

1. Upon expiration of the period for enforcement of the arbitral award, if the party obligated to enforce the award does not voluntarily do so and also does not request annulment of the arbitral award pursuant to Article 69 of this Law, the party entitled to have the arbitral award enforced has the right to file a petition requesting the competent civil enforcement agency to enforce the arbitral award.

2. For awards rendered by case arbitrators, the party entitled to enforcement may file a petition requesting the competent civil enforcement agency to enforce the arbitral award after the award has been registered in accordance with Article 62 of this Law.

Article 67. Enforcement of Arbitral Awards

Arbitral awards shall be enforced in accordance with the provisions of the law on civil enforcement.

Chapter XI

ANNULMENT OF ARBITRAL AWARDS

Article 68. Grounds for Annulment of Arbitral Awards

1. The court examines the request for annulment of an arbitral award when a party files a petition.

2. An arbitral award shall be annulled if it falls under any of the following circumstances:

a) There is no arbitration agreement or the arbitration agreement is void;

b) The composition of the arbitral tribunal or the arbitration procedure does not comply with the agreement of the parties or contravenes the provisions of this Law;

c) The dispute does not fall within the jurisdiction of the arbitral tribunal; where the award contains matters outside the jurisdiction of the arbitral tribunal, those matters shall be annulled;

d) Evidence provided by the parties upon which the arbitral tribunal based its award is forged; arbitrators accept money, property, or other material benefits from one of the disputing parties, thereby affecting the impartiality and fairness of the arbitral award;

đ) The arbitral award contravenes fundamental principles of Vietnamese law.

3. When examining a petition for annulment of an arbitral award, the burden of proof shall be determined as follows:

a) The party requesting annulment of the arbitral award as specified in Points a, b, c, and d of Clause 2 of this Article shall bear the burden of proving that the arbitral tribunal issued an award falling under any of those circumstances;

b) As regards the request for annulment of the arbitral award as specified in Point đ of Clause 2 of this Article, the court shall have the responsibility to actively verify and collect evidence to decide whether to annul or not annul the arbitral award.

Article 69. Right to Request Annulment of Arbitral Award

1. Within thirty days from the date of receipt of the arbitral award, if a party has sufficient grounds to prove that the arbitral tribunal issued the award under one of the circumstances prescribed in Clause 2 of Article 68 of this Law, it has the right to file a petition with the competent court requesting annulment of the arbitral award. The petition for annulment of the arbitral award must be accompanied by documents and evidence proving that the request for annulment of the arbitral award is based on valid grounds and is lawful.

2. In cases where the petition is filed beyond the time limit due to force majeure events, the period during which such force majeure events occurred shall not be counted towards the time limit for requesting annulment of the arbitral award.

Article 70. Petition for Annulment of Arbitral Award

1. The petition for annulment of the arbitral award must contain the following main contents:

a) Date of submission;

b) Name and address of the party making the request;

c) Request and grounds for annulment of the arbitral award.

2. Accompanying the petition must be the following documents:

a) Original or certified copy of the arbitral award;

b) Original or certified copy of the arbitration agreement. Documents attached to the petition in a foreign language must be translated into Vietnamese and the translation must be certified as legitimate.

Article 71. Court Examination of Petition for Annulment of Arbitral Award

1. After accepting the petition for annulment of the arbitral award, the competent court immediately notifies the Arbitration Center or the arbitrators of the arbitral tribunal, the disputing parties, and the same-level Public Prosecutor's Office.

2. Within seven working days from the date of acceptance, the Chief Justice of the Court designates a panel to examine the petition consisting of three judges, including one judge appointed as the presiding judge by the Chief Justice of the Court. Within thirty days from the date of designation, the panel must convene a hearing to examine the petition for annulment of the arbitral award. The court must transfer the case file to the same-level Public Prosecutor's Office for review within seven working days before the hearing to attend the court's examination session. Upon expiration of this period, the Public Prosecutor's Office must return the case file to the court to convene the hearing to examine the petition.

3. The hearing is conducted with the presence of the disputing parties, their lawyers, if any, and the prosecutor of the same-level Public Prosecutor's Office. If one of the parties requests the panel to be absent or has been properly summoned but is absent without a valid reason or leaves the hearing without the consent of the panel, the panel still proceeds to examine the petition for annulment of the arbitral award.

4. When examining the petition, the panel examines and decides based on the provisions of Article 68 of this Law and the accompanying documents; it does not re-examine the content of the dispute resolved by the arbitral tribunal. After examining the petition and the accompanying documents, hearing the opinions of those who have been summoned, if any, and the prosecutor presenting the opinion of the Public Prosecutor's Office, the panel discusses and decides by majority vote.

5. The panel has the authority to issue a decision to annul or not to annul the arbitral award. In the event that the party requesting annulment of the arbitral award withdraws the petition or has been properly summoned but is absent without a valid reason or leaves the hearing without the consent of the panel, the panel issues a decision to suspend the examination of the petition.

6. Within five working days from the date of issuance of the decision, the court sends the decision to the parties, the Arbitration Center or the arbitrator of the arbitral tribunal, and the same-level Public Prosecutor's Office.

7. At the request of one party and upon finding it appropriate, the panel may temporarily suspend the examination and resolution of the petition for annulment of the arbitral award for a period not exceeding sixty days to facilitate the arbitral tribunal to rectify procedural errors according to the view of the panel to eliminate grounds for annulment of the arbitral award. The arbitral tribunal must notify the court about the rectification of procedural errors. If the arbitral tribunal does not proceed to rectify procedural errors, the panel continues to examine the petition for annulment of the arbitral award.

8. In the event that the panel issues a decision to annul the arbitral award, the parties may agree again to submit the dispute to arbitration or one party has the right to initiate proceedings at the court. In the event that the panel does not annul the arbitral award, the arbitral award is enforceable.

9. In all cases, the time spent resolving disputes at arbitration and the time spent on the procedure for annulment of the arbitral award at the court shall not be counted towards the statute of limitations for initiating proceedings.

10. The court's decision is final and enforceable.

Article 72. Court Fees Related to Arbitration

Court fees for requests to the court to appoint arbitrators, apply interim measures, set aside arbitral awards, register arbitral awards, and other fees shall be implemented in accordance with the provisions of the Law on Court Fees and Litigation Fees.

Chapter XII

FOREIGN ARBITRATION INSTITUTIONS OPERATING IN VIETNAM

Article 73. Conditions for Foreign Arbitration Institutions to Operate in Vietnam

A foreign arbitration institution that has been established and is legally operating abroad and respects the Constitution and laws of the Socialist Republic of Vietnam may operate in Vietnam in accordance with this Law.

Article 74. Forms of Operation of Foreign Arbitration Institutions in Vietnam

Foreign arbitration institutions operate in Vietnam in the following forms:

1. Branch of a foreign arbitration institution (hereinafter referred to as Branch);

2. Representative office of a foreign arbitration institution (hereinafter referred to as Representative Office).

Article 75. Branch

1. The Branch is a subsidiary unit of a foreign arbitration institution, established and conducting arbitration activities in Vietnam in accordance with this Law.

2. The foreign arbitration institution and its Branch shall be responsible for the Branch's activities before Vietnamese law.

3. The foreign arbitration institution appoints an arbitrator as the Branch Manager. The Branch Manager is the representative authorized by the foreign arbitration institution in Vietnam.

Article 76. Rights and Obligations of the Branch of a Foreign Arbitration Institution in Vietnam

1. Renting premises, leasing, purchasing necessary equipment and supplies for the Branch’s operations.

2. Recruiting Vietnamese and foreign workers to work at the Branch in accordance with Vietnamese law.

3. Opening accounts in Vietnamese dong and foreign currencies at banks permitted to operate in Vietnam to serve the Branch’s operations.

4. Transferring the Branch’s income out of Vietnam in accordance with Vietnamese law.

5. Having a seal bearing the name of the Branch in accordance with Vietnamese law.

6. Appointing arbitrators to form an arbitral tribunal upon authorization from the foreign arbitration institution.

7. Providing arbitration services, mediation, and other methods of resolving commercial disputes in accordance with the law.

8. Providing administrative, office, and other services for the resolution of disputes by foreign arbitral tribunals.

9. Collecting arbitration fees and other lawful revenues.

10. Paying remuneration to arbitrators.

11. Organizing training to enhance the dispute resolution skills of arbitrators.

12. Storing records and providing copies of arbitral awards upon request of the disputing parties or competent Vietnamese state authorities.

13. Operating within the scope specified in the establishment permit and registration certificate.

14. Complying with Vietnamese laws related to the Branch’s operations.

15. Reporting annually on the Branch’s operations to the Department of Justice where the Branch is registered.

Article 77. Representative Office

1. The Representative Office is a subsidiary unit of a foreign arbitration institution, established to seek and promote opportunities for arbitration activities in Vietnam in accordance with this Law.

2. The foreign arbitration institution must be responsible for the Representative Office's activities before Vietnamese law.

Article 78. Rights and Obligations of the Representative Office of Foreign Arbitration Organizations in Vietnam

1. Seek and promote opportunities for arbitration activities of their organization in Vietnam.

2. Lease premises, rent or purchase necessary equipment and items for the operations of the Representative Office.

3. Hire Vietnamese and foreign workers to work at the Representative Office in accordance with Vietnamese laws.

4. Open foreign currency and Vietnamese dong accounts at banks permitted to operate in Vietnam and use these accounts solely for the operations of the Representative Office.

5. Have a seal bearing the name of the Representative Office in accordance with Vietnamese laws.

6. Operate within the purposes, scope, and duration specified in the Registration Certificate for the establishment of the Representative Office.

7. Shall not conduct arbitration activities in Vietnam.

8. Only carry out promotional and advertising activities related to arbitration in accordance with Vietnamese laws.

9. Comply with Vietnamese laws relevant to the operations of the Representative Office.

10. Report annually on the activities of the Representative Office to the Department of Justice where the Representative Office has registered its operations.

Article 79. Operations of Branches and Representative Offices of Foreign Arbitration Organizations in Vietnam

The establishment, registration, operation, and termination of branches and representative offices of foreign arbitration organizations in Vietnam shall be carried out in accordance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party. The Government shall specify detailed procedures for establishing, registering, and terminating the operations of branches and representative offices of foreign arbitration organizations in Vietnam.

Chapter XIII

IMPLEMENTING PROVISIONS

Article 80. Application of the Law to Arbitration Centers Established Before the Effective Date of This Law

Arbitration centers established before the effective date of this law do not need to re-establish themselves. These arbitration centers must amend and supplement their articles of association and arbitration procedural rules to comply with the provisions of this law within twelve months from the date of its effectiveness. If they fail to make such amendments and supplements beyond the said period, their registration certificates will be revoked and they must cease operations.

Article 81. Effective Date

1. This law shall take effect from January 1, 2011.

2. The Commercial Arbitration Ordinance No. 08/2003/PL-UBTVQH11 shall become invalid from the date this law takes effect.

3. Arbitration agreements concluded before the effective date of this law shall be implemented according to the legal provisions in force at the time of concluding the arbitration agreement.

Article 82. Detailed Provisions and Guidance for Implementation

The Government, the Supreme People's Court, and the Supreme People's Procuracy shall, within their respective mandates, provide detailed regulations and guidance for implementing the provisions assigned in this law; and provide necessary guidance on other aspects of this law to meet state management requirements.

This law was adopted by the National Assembly of the Socialist Republic of Vietnam, the twelfth session, seventh meeting, on June 17, 2010.