VIETNAM Law and Practice Contributed by: Stephen Le Hoang Chuong, Le & Tran
13. Arbitration 13.1 Laws Regarding the Conduct of Arbitration The law that governs the conduct of arbitrations and the recognition and enforcement of arbitral awards in Vietnamese courts is the 2010 Law on Commercial Arbitration (LCA). The LCA pro- vides a comprehensive framework for commer- cial arbitration in Vietnam, including rules on the composition of arbitral tribunals, the conduct of arbitral proceedings, and the recognition and enforcement of arbitral awards. For more detailed instructions, Resolution No 01/2014/NQ-HDTP of the Council of Judges of the Supreme Court provides further guidelines for the LCA regarding the conduct of arbitrations. In addition, the enforcement of arbitral awards is subject to the provisions of the Vietnamese laws on civil judgment enforcement. The recognition and enforcement of foreign arbi- tral awards in Vietnam is currently governed by the CPC. 13.2 Subject Matters Not Referred to Arbitration Article 2 of the LCA sets forth the subject mat- ters that fall under the jurisdiction of arbitration, which are: • disputes between parties that arise from commercial activities; • disputes between parties, in which at least one party conducts commercial activities; and • other disputes subject to arbitration by law. Based on the above regulation, disputes that are not prescribed above may not be referred to arbitration in Vietnam. Generally speaking, non- commercial disputes are not subject to arbitra-
Second, the Vietnamese government has issued a number of decrees and circulars that pro- mote the use of ADR. For example, Decree No 22/2017/ND-CP provides a framework for the use of mediation in Vietnam, as well as the regu- lations for establishing mediation centres. ADR is completely voluntary, and no sanction will be imposed if a party refuses to resolve their case by ADR. 12.3 ADR Institutions In Vietnam, institutions offering and promoting Alternative Dispute Resolution (ADR) are rela- tively well organised and have made significant strides in recent years. Here is an overview of the organisation and functioning of these insti- tutions: • The Vietnam Mediation Center (VMC): The VMC is a non-profit organisation that is responsible for promoting and supporting the use of mediation in Vietnam. The VMC provides mediation services to businesses and individuals, and it also offers training and support to ADR practitioners. • The Vietnam Arbitration Center (VAC): The VAC is a non-profit organisation that provides arbitration services to businesses and individ- uals. The VAC also offers training and support to ADR practitioners. • The Vietnam International Arbitration Center (VIAC): The VIAC is a non-profit organisation that provides international arbitration services to businesses and individuals. The VIAC also offers training and support to ADR practition- ers.
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