VIETNAM Law and Practice Contributed by: Tony Nguyen, Ta Phuong Thao, Nguyen Minh Duc, Nguyen Phuong Anh, Nguyen Duc Tai and Truong Que Chi, EPLegal
3.8 Court Powers Under Vietnamese law, the courts have some key powers to support arbitration: • appointment or replacement of arbitrators when parties cannot agree or when justified circumstanc- es arise; • applying, modifying or revoking interim measures to protect parties’ rights during arbitral proceed- ings; • summoning witnesses and collecting evidence to assist in resolving disputes; • reviewing and annulling arbitral awards if serious procedural violations occur or if the award contra- dicts fundamental principles of Vietnamese law; • recognition and enforcement of foreign arbitral awards under the Civil Procedure Code 2015; and • assistance in the enforcement of domestic arbitral awards. 3.9 Court Intervention Court intervention in arbitration in Vietnam is limited and broadly aligned with international practice. Courts do not review the merits of a dispute but may intervene in support of or in limited supervision over, arbitral proceedings as provided by law. In practice, court intervention arises in three main cir- cumstances. First, supportive functions, including the appointment or replacement of arbitrators, assistance with evidence and witness summons and the granting of interim measures. Secondly, supervisory functions, notably the setting aside of arbitral awards on limited grounds under Article 68 of the LCA, including serious procedural violations or conflicts with fundamental principles of Vietnamese law. Thirdly, recognition and enforcement, particularly in relation to foreign arbi- tral awards under the Civil Procedure Code 2015 and the enforcement of domestic awards through the civil judgment enforcement system. Overall, while the framework is arbitration-supportive, court involvement remains an important practical con- sideration, particularly at the post-award stage.
Established in 1993, VIAC operates as an independent arbitral institution under the LCA. Awards rendered by VIAC tribunals are final and enforceable in Vietnam and internationally under the New York Convention. 3.6 Length of Proceedings Based on the arbitral dispute resolution procedure, the typical length of arbitral proceedings in Vietnam can be outlined as follows: • statement of defence – after the request for arbi- tration, the respondent generally has 30 days to submit a defence; • tribunal formation – usually takes several weeks; • proceedings – several months, including evidence gathering and submissions; • hearings – confidential hearings are conducted, typically within six to nine months from tribunal formation for straightforward cases; and • award – 30 days of the final hearing. Arbitral proceedings in Vietnam typically last six to 12 months, depending on the complexity of the dispute. 3.7 Regulation of Arbitration Key laws for arbitration in Vietnam include: • LCA – this is the primary legislation governing arbi- tration, covering organisation, jurisdiction, proce- dures and the legal effect of arbitral awards; • Resolution No 01/2014/NQ-HDTP of the Supreme People’s Court – provides detailed guidance on the application of the Arbitration Law, especially regarding court procedures for annulment of arbitral awards or recognition of foreign arbitral awards. • Arbitration Rules of individual arbitration centre – each arbitration centre issues its own procedural rules, provided they comply with the Arbitration Law. • Civil Judgment Enforcement Law 2025 – governs the enforcement of domestic arbitral awards. • Part VII of the Civil Procedure Code 2015 – regu- lates the recognition and enforcement of foreign arbitral awards in Vietnam. Only after recognition by a Vietnamese court can a foreign arbitral award be enforced.
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