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
3.10 Relief According to Article 49 LCA, arbitral tribunals may grant interim measures upon a party’s request, includ- ing: • prohibiting changes to the status quo of disputed assets; • prohibiting or compelling a party to perform certain acts to prevent adverse effects on proceedings; • attachment of disputed assets; • ordering preservation, storage, sale or disposal of assets; • temporary orders for payment between parties; • prohibiting the transfer of property rights over dis- puted assets; and • restrictions on the tribunal’s power. If a party has already requested the court to apply interim measures, the arbitral tribunal must refuse. If the tribunal applies measures beyond the request and causes damage, the injured party may sue in court for compensation under civil procedure law. Vietnamese law recognises negotiation and commer- cial mediation as the principal ADR methods outside litigation and arbitration, as reflected in Article 317 of the Commercial Law 2005. Negotiation is informal and conducted directly between the parties, while media- tion is a more structured process governed by Decree No. 22/2017/ND-CP. Commercial mediation may be conducted through licensed institutions, such as the Vietnam Mediation Centre or on an ad hoc basis. A successful mediation settlement may be recognised by the court under the Civil Procedure Code 2015, enhancing its enforce- ability. In practice, parties may also use mechanisms such as expert determination or neutral evaluation, particularly in technically complex disputes, although these do not yet have the same formal statutory framework as mediation. 4. Other ADR Methods 4.1 ADR Procedures
4.2 Requirements to Engage in ADR There is no general statutory requirement under Viet- namese law to engage in ADR before commencing litigation or arbitration. ADR remains voluntary and is based on party agreements. In practice, obligations to pursue ADR typically arise from multi-tiered dispute resolution clauses in com- mercial contracts, requiring negotiation or mediation as a precondition to formal proceedings. Where such clauses apply, failure to comply may result in the claim being stayed or dismissed until the agreed process is followed. Vietnamese courts and arbitral tribunals generally uphold these arrangements as an expression of party autonomy. 4.3 Impact of ADR Engaging in ADR does not limit a party’s right to com- mence or continue litigation or arbitration. Parties may withdraw from non-binding processes such as nego- tiation or mediation at any time and proceed to formal dispute resolution. A failed mediation does not create additional proce- dural barriers and parties may initiate proceedings immediately. Vietnamese law also supports hybrid processes, such as Med-Arb, Arb-Med-Arb, in which mediation and arbitration are combined in sequence. An arbitral tribunal is permitted to facilitate settlement during proceedings. Where mediation is successful, the settlement may be submitted to a court for recognition and, once approved, is enforceable in the same manner as a court judgment. 4.4 Timing of ADR ADR in Vietnam typically takes place before formal proceedings, most commonly through negotiation and may be followed by mediation if needed. However, ADR can also occur during proceedings. In arbitra- tion, tribunals may facilitate settlement at any stage and parties are free to agree to mediation at any time. Engaging in ADR does not suspend limitation peri- ods. For commercial disputes, the limitation period is
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