VIETNAM Law and Practice Contributed by: Stephen Le Hoang Chuong, Le & Tran
tion, which may include: labour, family, marriage, inheritance, criminal, administrative, and envi- ronmental matters. 13.3 Circumstances to Challenge an Arbitral Award Parties to an arbitration agreement can chal- lenge an arbitral award in Vietnamese courts on a limited number of grounds. These grounds are set out in Article 68.2 of the LCA, including: • the arbitration agreement is invalid or unen- forceable (this may be because the agree- ment was not in writing, or because it was entered into under duress or fraud); • the arbitral tribunal was not properly consti- tuted or did not follow the applicable proce- dural rules (this may include cases where the arbitrators were biased or where the tribunal failed to give the parties a fair hearing); • the evidence provided by a party on which the arbitral tribunal has relied to issue the award was falsified; • an arbitrator has received money, assets, or other material benefits from a party, affecting the objectivity and impartiality of the award; or • the award contravenes the fundamental prin- ciples of Vietnamese law. 13.4 Procedure for Enforcing Domestic and Foreign Arbitration A domestic arbitral award, if not overturned by the competent court, may be enforced by apply- ing for enforcement to the enforcement agency, similar to a domestic court’s judgment. Foreign arbitration awards must additionally go through the procedures for recognition and enforcement of a foreign arbitral award at the competent court before going to the enforce- ment agency. The application must be accom-
panied by a copy of the arbitration award, a copy of the arbitration agreement, and a certificate of authenticity of the award if it is in a foreign language. The court will review the application and the supporting documents and may refuse to enforce the award if it finds that the award is not final or binding, the arbitration agreement is invalid or unenforceable, the party seeking enforcement failed to comply with the applica- ble procedural rules, or the award violates public policy in Vietnam. 14. Outlook 14.1 Proposals for Dispute Resolution Reform In general, the roadmap for reform of dispute resolution in Vietnam, from now to 2030, are: • clarifying and supplementing the legal system regarding the judiciary, organisation of courts, judges, and assessors; • clarifying and supplementing the tasks, competence, and organisation of the judicial apparatus; • renewing the task of promulgating case law and guiding the uniform application of law; • building an open and transparent trial regime; • improving the quality of human resources, especially judges; • ensuring the minimum necessary quantity and appropriate structure of courts; • obtaining facilities and resources to build modern and effective courts; • building e-courts, and developing the meth- ods for electronic proceedings; and • strengthening international co-operation. 14.2 Growth Areas No response was provided in this jurisdiction.
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