VIETNAM Law and Practice Contributed by: Tung Ngo, Linh D. Nguyen and Minh Doan, VILAF
7.4 Legal Representatives For the purpose of this discussion, “legal representa - tives” refers to individuals authorised to represent disputing parties in arbitration proceedings. In arbi - tration conducted in Vietnam, there is no requirement for legal representatives to hold a Vietnamese legal qualification or be members of the Vietnam Bar Fed - eration. This means a legal representative may, but is not required to be, a certified lawyer. However, the representative must be duly authorised in accordance with the 2015 Civil Code. 8. Evidence 8.1 Collection and Submission of Evidence Parties have the right and obligation to submit evi - dence to the arbitral tribunal in support of their claims. If necessary, they may also request that the court or the constituted arbitral tribunal assist in collecting evi - dence. The arbitral tribunal has the discretionary power to col - lect evidence. This may include requesting witnesses to provide relevant documents or information, seek - ing appraisals, consulting experts, or requesting court assistance for evidence collection. Even though the LCA does not explicitly regulate cross-examination, it can generally be accepted as a procedural element in arbitration proceedings if agreed by the parties. Although the concept of legal privilege is not expressly codified, arbitration in Vietnam is inherently confiden - tial. Pursuant to Article 4 (4) of the LCA, arbitration proceedings are not made public unless otherwise agreed by the parties. Arbitrators, parties, and arbi - tration institutions are all required to maintain the confidentiality of the proceedings and of the evidence submitted. 8.2 Rules of Evidence The LCA does not prescribe a specific set of rules of evidence. Instead, Article 46 grants arbitral tribunals broad discretion regarding the production and evalu - ation of evidence. This includes discretion over: • admissibility, relevance, materiality and weight;
of defence in 30 days upon receipt of the request for arbitration. • Tribunal formation ‒ in a three-member tribunal, each party appoints one arbitrator, and the two select a chair. If they cannot agree, the president of the arbitration centre appoints. For a sole arbitrator, the parties agree or the president of the arbitration centre appoints. The procedures for ad hoc arbi - tration are relatively similar, but in the absence of agreement by the parties, the parties can request the competent court to appoint an arbitrator. • Tribunal’s powers ‒ the tribunal reviews documents and may verify facts, collect evidence, summon witnesses, and apply interim measures. • Hearings ‒ the tribunal conducts confidential hear - ings. • Award issuance ‒ the tribunal issues an award with - in 30 days of the final hearing, which must be sent to the parties immediately after issuance. 7.3 Powers and Duties of Arbitrators Arbitrators in Vietnam are subject to specific rights and obligations as set out in Article 21 of the LCA, including: • the power to accept or refuse to resolve the dis - pute; • the duty to remain independent during the dispute resolution; • the right to refuse to provide information relevant to the dispute; • the right to receive remuneration; • the duty to maintain confidentiality of the con - tents of the dispute, except where the disclosure of information to competent state authorities is required by law; • the duty to ensure impartial, swift and timely dis - pute resolution; and • the duty to comply with professional ethical rules. In addition, pursuant to Article 27 of Decree No 82/2020/ND-CP of the government dated 15 July 2020, administrative penalties may be imposed on arbitrators who fail to fulfil certain duties in accord - ance with the law.
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