1.1 Advantages

Arbitration has been increasingly favoured in Vietnam as an alternative dispute resolution mechanism to court litigation. Following the accession to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (New York Convention) on September 12, 1995, Vietnam adopted the Law on Commercial Arbitration (LCA) in 2010, modelled substantially on the United Nations Commission on International Trade Law Model Law on International Commercial Arbitration (UNCITRAL Model Law), offers several advantages for dispute resolution in Vietnam:

• Flexibility. While the LCA has mandatory rules, some are optional (indicated by the phrase “unless otherwise agreed”), allowing the flexibility to opt out.
• Neutrality. Parties can choose a neutral place and impartial arbitrators, preventing “home court” advantage.
• No appeal of domestic arbitral awards. Domestic arbitral awards are final and binding, with no appeal, promoting efficiency and reducing delays in enforcement.
• Confidentiality. Arbitration proceedings are private, and arbitrators must keep secret the substance of the dispute (except for legally required disclosures).
• Limited grounds for setting aside an award. The LCA specifies limited grounds for a court to set aside an arbitral award.

1.2 Disadvantages and common pitfalls

While commercial arbitration offers many advantages, it also has some disadvantages:

• A different approach to the concept of “foreign award”. Under the LCA, foreign arbitral awards are determined based on the “nationality” of the arbitral institution. In this respect, it differs from the New York Convention, which can complicate the recognition and enforcement of foreign awards in Vietnam and, vice versa, awards rendered by arbitrators from Vietnamese arbitral institutions in other territories.
• No regulation on an emergency arbitrator. The LCA does not provide any regulations on an emergency arbitrator, meaning the requesting party must rely on the court to apply interim measures before the establishment of the arbitral tribunal.
• Jurisdiction over non-contractual disputes. The LCA remains silent on arbitrators’ jurisdiction over non-contractual disputes, which is a difference between it and UNCITRAL Model Law.
• Heavy reliance on the court system for several key functions. The arbitral tribunal relies heavily on the courts’ assistance in applying, changing, supplementing or cancelling interim measures, requesting relevant parties to provide evidence, and summoning witnesses to provide testimony at the hearing.

1.3 Distinctive features

• Distinct concept of “place of arbitration”. The LCA defines the place of arbitration only as the venue at which the arbitral tribunal settles the dispute.
• Distinct approach to nationality of foreign arbitration. The LCA specifies that “foreign arbitration” is an arbitral institution formed under a foreign law on arbitration and selected as agreed by the parties to settle a dispute outside or within the Vietnamese territory.
• No interpretation for “international arbitration”. The LCA only provides the term “foreign-related disputes”, which relies on interpretation under the Civil Code of Vietnam.
• No choice of law in non-foreign-related disputes. By defining “foreign-related disputes”, the LCA mandates the application of Vietnamese law, and the language of arbitration is Vietnamese when settling non-foreign-related disputes.
• No regulation on an emergency arbitrator. The LCA does not provide any regulations on emergency arbitrators.
• Strict time limit for issuing arbitral awards. An arbitral award must be rendered either at the hearing or within 30 days of the final hearing.

2.1 Legal framework

• New York Convention;
• LCA 2010;
• Civil Code of Vietnam (Law No. 91/2015/QH13);
• Law on Enforcement of Civil Judgments (Law No. 26/2008/QH12);
• Civil Procedure Code 2015 (Law No. 92/2015/QH13);
• Decree No. 63/2011/ND-CP, providing guidelines for the LCA;
• Decree No. 124/2018/ND-CP, amending some articles of Decree No. 63/2011/ND-CP;
• Resolution No. 01/2014/NQ-HDTP, guiding the implementation of the LCA;
• Other legislation of Vietnam that may govern the substance of the dispute.

2.2 What qualifies under domestic law as “international arbitration”? Is there a specific statute?

Instead of defining “international arbitration”, the laws of Vietnam provide for “foreign arbitration”, as mentioned in Section 1.3.

2.3 Ratification of the New York Convention

Pursuant to Decision No. 453/QD-CTN, dated July 28, 1995, Vietnam will only apply the Convention to disputes arising out of commercial legal relationships.

For non-Convention awards, enforcement will be based on a reciprocity basis.

2.4 Ratification of the ICSID Convention

Vietnam has not ratified the ICSID Convention.

2.5 Other treaties relating to arbitration

Vietnam participates in the following numbers of trade agreements relating to arbitration:

• Multilateral/Regional Agreements: nine (including the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP), ASEAN Free Trade Area (AFTA), ASEAN–China Comprehensive Economic Cooperation Agreement (ACFTA), ASEAN–Korea Comprehensive Economic Cooperation Agreement (AKFTA), ASEAN–Japan Comprehensive Economic Partnership (AJCEP), ASEAN–India Free Trade Area (AIFTA), ASEAN–Hong Kong, China Free Trade Agreement (AHKFTA), Regional Comprehensive Economic Partnership (RCEP), and Vietnam–Eurasian Economic Union (VN-EAEUFTA)).
• Bilateral Agreements: seven (including the Vietnam–Japan Economic Partnership Agreement (VJEPA), Vietnam–Chile Free Trade Agreement (VCFTA), Vietnam–Korea Free Trade Agreement (VKFTA), European Union–Vietnam Free Trade Agreement (EVFTA), UK–Vietnam Free Trade Agreement (UKVFTA), Vietnam–Israel Free Trade Agreement (VIFTA), and Comprehensive Economic Partnership Agreement between Vietnam and United Arab Emirates (CEPA)).

2.6 Choice of forum for intra-EU dispute settlement

While the specific choice of forum clauses for intra-EU disputes may not directly apply to Vietnam, Article 15.24 of the EVFTA and Article 3.24 of the EU-Vietnam Investment Protection Agreement (EVIPA) outline the rules for choosing a forum for dispute resolution, emphasizing that a party cannot seek redress for the same obligation under both these Agreements and the WTO Agreement simultaneously.

2.7 Is the municipal law governing arbitration based on UNCITRAL Model Law?

During the development of the LCA, Vietnam adopted the most fundamental principles of arbitration from UNCITRAL Model Law. However, there are distinctive features of the LCA, which have been outlined in Section 1.3.

2.8 Recent amendments or reforms in arbitration laws

Recently, the Vietnam Lawyers Association proposed four major policy groups to amend the LCA:

• Expanding scope of application: clearly defining and broadening the scope of commercial arbitration to include not only disputes related to “commercial” but also other areas such as business, investment, labor, intellectual property, real estate, and land.
• Improving arbitration proceedings: resolving current procedural issues in arbitration, such as the definition of foreign arbitration, requirements on arbitration agreements, the delivery of documents, and the statute of limitations. The Vietnam Lawyers Association also suggests supplementing emergency arbitrator mechanisms and immunity from civil liability for arbitrators.
• Enhancing the authority of arbitral tribunal: extending the authority of the arbitral tribunal in handling procedural matters to better align with UNCITRAL Model Law.
• Amending the regulations on arbitral awards: proposing clear and transparent regulations regarding arbitral awards, the annulment of awards, and the review of court decisions annulling arbitral awards to enhance the effectiveness and reliability of arbitration as a dispute resolution method in Vietnam.

3.1 Presence of local arbitration institutions

Vietnam currently has 48 operating arbitration centers as of December 31, 2024. The Vietnam International Arbitration Center (VIAC) stands out as the oldest and most prestigious arbitration center in Vietnam.

3.2 Does the London Court of International Arbitration (LCIA) have a local office?

No.

3.3 Does the Permanent Court of Arbitration (PCA) have a local office?

Yes, the local office of the PCA was set up at 48A Tran Phu, Ba Dinh District, Hanoi City on November 24, 2022.

3.4 Does the ICC International Court of Arbitration have a local office?

No.

3.5 Does the International Centre for Dispute Resolution (ICDR) have a local office?

No.

3.6 Agreement entered into with local offices of international arbitration institutions

The VIAC established a cooperation agreement with PCA on March 8, 2018.

4.1 Requirements as to content and form

Content requirements: no legal requirement.

Form requirements for arbitration agreement are as follows:

• an arbitration agreement must be in writing; and
• an arbitration agreement may be made in the form of an arbitration clause in a contract or in the form of a separate agreement.

4.2 Validity of arbitration agreements

An arbitration agreement may be made either before or after a dispute arises and is entirely independent from the contract. Any modification, extension, cancellation, invalidation or non-performance of the contract will not invalidate the arbitration agreement.

In addition to the LCA, Resolution No. 01/2014/NQ-HDTP provides guidelines and circumstances where an arbitration agreement is invalid, specifically:

• the dispute is not within the jurisdiction of arbitration or the arbitration agreement is established to resolve a dispute that does not fall within the scope specified in Article 2 of the LCA (please refer to Section 5.1);
• the person who established the arbitration agreement is not duly authorized;
• the person who established the arbitration agreement lacks legal capacity;
• the form of the arbitration agreement does not comply with legal regulations;
• one of the parties was deceived, threatened, or coerced and requests a declaration that such arbitration agreement is invalid;
• the arbitration agreement violates legal prohibitions.

The LCA and Resolution No. 01/2014/NQ-HDTP also provide for cases where an arbitration agreement cannot be implemented, including when the chosen arbitration center ceases operations, the selected arbitrator cannot participate, the parties disagree on procedural rules, or a consumer refuses arbitration despite agreeing to the model terms and conditions set out by the goods/service seller.

4.3 Special formalities

Under consumer protection laws, businesses must inform consumers about arbitration clauses before entering into agreements and must obtain their consent. If these clauses are included in standard form contracts or general terms of business, consumers have the right to choose alternative dispute resolution methods in case of disputes.

4.4 Governing law

The laws of Vietnam are silent on the choice of law governing the arbitration agreement.

Regarding the law applicable to the substance of the dispute, the LCA mandates the use of Vietnamese law for non-foreign-related disputes and only allows the parties to choose the applicable law for foreign-related disputes. In the absence of an agreement, the arbitral tribunal shall decide on the most appropriate law to apply.

Under the LCA, the “place of arbitration” refers to a venue at which the arbitral tribunal settles the dispute, whether or not an agreement has been made. It can be deemed that the choice of seat under the LCA does not exist and does not relate to the law that governs the arbitration agreement.

5.1 Applicable restrictions

To determine whether a dispute is arbitrable in Vietnam, there are some criteria to consider:

• The nature of the dispute. The LCA sets the foundation by defining the scope of arbitrable disputes, focusing heavily on the “commercial” aspect.
• Specialized laws that allow the settlement of disputes by arbitration. Vietnamese laws allow the choice of arbitration, but this is limited to certain areas such as construction, investment, maritime, labor, and intellectual property.
• Non-contractual disputes. The laws of Vietnam remain silent as to whether arbitration is applicable to non-contractual disputes.
• The court’s interpretation. The court will decide the validity of an arbitration agreement if it is found that the dispute is beyond the arbitrator’s jurisdiction or the arbitration agreement is invalid or non-existent or unenforceable.

6.1 Stay of proceedings

Under the LCA, the court must refuse to accept a dispute if there is an existing arbitration agreement, unless it is invalid or unenforceable.

6.2 Anti-suit injunctions

Under the LCA, Vietnamese courts must return the lawsuit petition or suspend the resolution of foreign-related civil cases if there is an arbitration agreement, an agreement to choose a foreign court, or if the case has already been resolved by a foreign court or arbitration.

7.1 Restrictions on the parties’ freedom to choose arbitrators

The laws of Vietnam do not impose any restrictions on the parties’ freedom to choose arbitrators.

7.2 Requirement of arbitrator independence and impartiality

The laws of Vietnam do not specify to what extent arbitrators must be independent and impartial. The LCA only stipulates the circumstances where an arbitrator must refuse to settle a dispute if justifiable doubts exist as to their impartiality or independence (please refer to Section 7.7).

7.3 Mandatory rules applicable to the appointment process

Agreement of the Parties

The parties are free to agree on a procedure for appointing arbitrators.

If the parties fail to agree on a procedure, the LCA provides default rules for the formation of both the arbitral tribunal at an arbitration center and an ad hoc arbitral tribunal.

Role of the arbitration center

If the parties have chosen an arbitration center, the center’s rules shall govern the appointment process.

7.4 Appointment mechanism in the absence of party agreement or applicable institutional rules

In the absence of party agreement or applicable institutional rules, the LCA provides the general appointment mechanism as follows:

• For arbitration at an arbitration center, the respondent has 30 days to select or request the selection of an arbitrator. If no agreement is reached, the arbitration center’s chairman will designate the arbitrator. Once selected, arbitrators have 15 days to elect a presiding arbitrator, or the arbitration center’s chairman will designate one. For disputes with a sole arbitrator, failure to select within 30 days will lead to the chairman’s designation at the request of either party.
• For ad hoc arbitration, the respondent has 30 days to select an arbitrator and notify the claimant; failing that, the claimant can request a court to designate an arbitrator. Arbitrators have 15 days to elect a presiding arbitrator, or the competent court may designate one. If a sole arbitrator is agreed upon but not selected within 30 days, the court may designate one upon request.

7.5 Mandatory rules applicable to the replacement process

The LCA outlines the procedures for replacing arbitrators as follows:

• For disputes resolved at an arbitration center, if the arbitral tribunal has not yet been established, the replacement of an arbitrator is decided by the chairman of the arbitration center. If the arbitral tribunal has been established, the replacement of an arbitrator is decided by the remaining members of the arbitral tribunal. In case the remaining members of the arbitral tribunal cannot reach a decision, or if the arbitrators or the sole arbitrator refuse to resolve the dispute, the chairman of the arbitration center decides on the replacement of the arbitrator.
• For disputes resolved by an ad hoc arbitral tribunal, the replacement of an arbitrator shall be decided by the remaining members of the arbitral tribunal. In case the remaining members of the arbitral tribunal cannot reach a decision, or if the arbitrator(s) or the sole arbitrator refuses to resolve the dispute, then within 15 days from the date of receiving a request from one or more of the aforementioned arbitrators, or from one or more of the disputing parties, a judge shall be assigned to review the request and decide the replacement within the next 10 working days.

7.6 Mandatory disclosure obligations

The laws of Vietnam do not have specific regulations regarding the mandatory obligation to disclose information, except when arbitrators are required to provide information to a competent state authority.

7.7 Grounds for challenge

Under the LCA, any arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality or independence, specifically if:

• the arbitrator is a relative or representative of a party;
• the arbitrator has an interest related to the dispute;
• there is clear evidence that the arbitrator is not impartial or objective; or
• the arbitrator was a conciliator, representative, or lawyer for any party before the dispute was brought to arbitration, unless there is written consent from the parties.

An arbitrator can also be challenged if they do not meet the qualifications and conditions required to be an arbitrator.

7.8 Mandatory rules governing the challenge of arbitrators

Under the LCA, an arbitrator must refuse to settle a dispute and may be replaced if they are a relative or representative of a party, have an interest in the dispute, lack impartiality, or were previously a conciliator, representative, or lawyer for a party.

7.9 Removal

Under the LCA, in cases where an arbitrator cannot continue the dispute resolution due to force majeure or objective obstacles, or if they are changed, the selection and appointment of a replacement arbitrator follows the same procedure as the rules applicable to the appointment process (please refer to Section 7.4).

7.10 Liability and immunity of arbitrators

No limitation of liability or immunity is applicable to arbitrators. Arbitrators may be fined up to VND 30,000,000 for handling disputes without ensuring their impartiality or independence, disclosing confidential information or not meeting the qualifications and conditions to act as an arbitrator.

Under the LCA, if the arbitral tribunal imposes an emergency interim measure beyond what was requested by the party seeking it, resulting in harm to the requesting party, the respondent, or a third party, the harmed party is entitled to pursue legal action in court against the arbitral tribunal for compensation.

8.1 Interim measures

Under Chapter VII of the LCA, parties in a dispute have the right to request the court to apply, modify, or cancel interim measures without it being considered a rejection of the arbitration agreement. However, the LCA does not provide the rights of foreign arbitral tribunals to directly request that Vietnamese courts apply interim measures.

Requests for interim measures can be submitted to the competent court for the application of interim measures immediately after filing a claim with the arbitration, regardless of whether the arbitral tribunal has been established or has resolved the dispute. Requests for interim measures must be accompanied by evidence and financial security.

8.2 Taking of evidence

The arbitral tribunal has the authority to seek expert opinions, conduct appraisals, and request witnesses to provide information and testimony. However, if they cannot collect the evidence themselves, the tribunal or parties can request court assistance.

Although electronic data is recognized as a source of evidence pursuant to the Civil Procedure Code and the Law on Electronic Transactions 2023, the term “electronic evidence” is not explicitly defined under the LCA.

8.3 Appointment or challenge of arbitrators

Under the LCA and Resolution 01/2014/NQ-HDTP, the court assists the establishment of the arbitral tribunal when parties cannot agree on arbitrator(s). If the parties agree to a sole arbitrator but cannot choose one, the court will appoint the arbitrator.

The court also assists in replacing arbitrator(s) for valid reasons (please refer to Section 7.7). The court’s decision in appointing or replacing arbitrator(s) is final.

8.4 Other available assistance

Under the LCA, the arbitral tribunal has the authority to summon witnesses to attend the hearing. However, if a witness fails to appear without a valid reason and their absence hinders the resolution of the dispute, the arbitral tribunal may request a competent court to issue a summons compelling the witness to attend the hearing.

9.1 Domestic scope of sovereign immunity from jurisdiction

State and diplomatic immunity is regulated by Ordinance No. 25-L/CTN, dated September 7, 1993, issued by the Standing Committee of the National Assembly. Under this ordinance, diplomatic agents and consular officers enjoy immunity from criminal, civil jurisdiction, and administrative sanctions for their official acts. However, they must respect Vietnamese laws and regulations, must not interfere in Vietnam’s internal affairs, and must not use their premises for purposes incompatible with their functions.

There are no leading cases specifically addressing the application of sovereign immunity in Vietnam.

9.2 Immunity from execution

• Diplomatic and consular immunity. Diplomatic missions and consular offices enjoy immunity from execution, meaning their properties cannot be used to satisfy judgments and awards.
• State property immunity. State-owned properties, especially those used for non-commercial purposes, are generally immune from execution, protecting assets serving governmental functions from seizure.
• International organizations. Properties of international organizations of the United Nations system and its members in Vietnam also enjoy immunity from execution.

Under the LCA, the time and place of dispute resolution are agreed upon by the parties or decided by the arbitral tribunal if no agreement exists. Hearings can be held within or outside Vietnam, with summons sent at least 30 days in advance. Parties may attend in person or by proxy, and can invite witnesses or legal representatives. With the consent of the parties, other individuals may also attend the hearing.

If a claimant is absent without justifiable reason, it will be considered a withdrawal of the claim, but the tribunal will still proceed if the respondent requests. If the respondent is absent under similar circumstances, the tribunal will continue based on existing documents and evidence. Parties may request that the tribunal settle the dispute based on documents only.

Parties can request a postponement of the hearing with valid reasons, submitting written requests at least seven working days before the hearing. The tribunal decides on such requests and notifies the parties promptly.

Arbitrators have the discretion to decide whether to hold a hearing or to resolve the case based on submitted documents.

The LCA does not provide a concept of confidentiality in arbitration. It is only stipulated that arbitration proceedings are not public unless otherwise agreed by the parties. Arbitrators must keep secret the substance of the disputes they handle, except when they are required to disclose information to authorities.

12.1 Requirements as to content and form

Under the LCA, an arbitral award must be in writing and contain the following principal details:

• date and place of issuance;
• names and addresses of the claimant and respondent;
• name and address of the arbitrator;
• summary of the circumstances of the petition and matters under dispute;
• grounds for issuing the award, unless the parties agree that it is unnecessary to indicate these grounds;
• results of the dispute settlement;
• time limit for enforcement of the award;
• allocation of arbitration and other relevant expenses;
• the arbitrator’s signature.

12.2 Time limit

An arbitral award may be issued right at the hearing or no later than 30 days after the end of the last hearing.

12.3 Remedies

Arbitrators can grant remedies based on the parties’ agreement and in compliance with Vietnamese law, including determining jurisdiction and the validity of the arbitration agreement. They may issue orders such as recognizing successful conciliation, enforcing contractual obligations, ordering debt payment or arbitration fees, imposing penalties or compensation, directing the return of property, and issuing supplementary awards for unresolved matters during the proceedings.

13.1 Interpretation and correction of awards

Under the LCA, within 30 days of receiving an award, a party can request the arbitral tribunal to correct spelling errors or calculation mistakes, or to explain details of the award, and must notify the other party. The arbitral tribunal must respond within 30 days if it deems the request reasonable. Additionally, the arbitral tribunal can independently correct such errors within 30 days of issuing the award and must notify the parties.

13.2 Challenge of an award

Under the LCA, an arbitral award can be challenged if:

• there is no arbitration agreement, or the arbitration agreement is invalid;
• the arbitral tribunal’s composition or procedures of arbitral proceedings is/are non-compliant with the parties’ agreement or the LCA;
• the dispute falls beyond the arbitral tribunal’s jurisdiction, or if an arbitral award contains details falling beyond the arbitral tribunal’s jurisdiction, such details shall be cancelled;
• the evidence provided by the parties based on which the arbitral tribunal issues the award is counterfeit;
• an arbitrator receives money, assets or other material benefits from one disputing party, thus affecting the objectivity and impartiality of the award; or
• the award contravenes the fundamental principles of Vietnamese law.

Parties may request annulment within 30 days (exclusive of force majeure events) of receiving the award, with supporting evidence. The annulment process includes notifications, hearings, and issuing a decision on annulment.

13.3 Recognition and enforcement proceedings

Under the LCA, the domestic award is final and effective from the date of issuance, and voluntary enforcement is recommended. However, the winning party has the right to request the civil judgment enforcement agency to enforce the award within five years from the effective date of the award. Ad hoc awards must be registered at the competent court before requesting the enforcement agency to enforce it within one year from the date of issuance of the arbitral award.

The civil judgment enforcement procedure for a domestic award includes the following main steps:

• Request for enforcement. Under the Law on Enforcement of Civil Judgment, the winning party submits a request for enforcement to the competent civil judgment enforcement agency.
• Acceptance and issuance of an enforcement decision. The enforcement agency must issue an enforcement decision within five working days from the date of receiving a valid request.
• Enforcement of the award. The enforcement agency may apply compulsory enforcement measures to ensure execution of the award.

Foreign arbitration award:

• Application for recognition and enforcement. Under the Civil Procedure Code 2015, the time limit for filing an application to the competent Vietnamese court or the Ministry of Justice (MOJ) for recognition and enforcement of a foreign arbitral award in Vietnam is three years from the effective date of the arbitral award. The MOJ shall forward the case file to the competent court to review the case file and decide whether to accept the case. The decision will then be notified to the parties, the same-level Procuracy, and the MOJ.
• Court hearing. From the date of the decision to accept the case, the court has two months to prepare for the hearing on whether to recognize and enforce the foreign award in Vietnam or not.
• Issuance of the court decision. The decision will be sent to the parties, the same-level Procuracy, and the MOJ within 15 days upon issuance. The decision of the first-instance court may be appealed to the appellate court, and the appellate decision may be subject to review under cassation or reopening procedures.

The subsequent steps of the enforcement procedure are carried out in the same manner as the enforcement procedure for domestic arbitral awards.

13.4 Cost of enforcement

Depending on the enforceable amount, the costs for enforcement may vary from 3% of the amount or value of assets received to VND 245,000,000 plus 0.01% of the amount or value of assets received exceeding VND 15,000,000,000.

13.5 Enforcement of orders of emergency arbitrators

The LCA does not regulate “emergency arbitrators”.

14.1 Process for enforcing New York Convention awards

Vietnam applies the following process for enforcing foreign awards under the New York Convention:

• Filing a petition. Within 3 years from the effective date of the New York Convention award, the party seeking enforcement must file a petition to the MOJ.
• Submission to the court. The MOJ forwards the petition to the competent court within seven days. The court then checks the petition and notifies the opposing party and the procuracy.
• Preparing to review the request. Within two months from accepting the case, the court must decide to either:
  • temporarily suspend the review;
  • terminate the review; or
  • open a hearing to review the request.
• Hearing to review the request. Upon decision, the court has 20 days from deciding to open a hearing to conduct a review of the request.
• Serving the court’s decisions. Within 15 days of issuing a decision to recognize or not recognize the New York Convention award, the court must send the decision to the involved parties, the MOJ, and the procuracy.

14.2 Grounds for resisting enforcement of New York Convention awards

There are several grounds on which enforcement of New York Convention awards can be resisted in Vietnam:

• incompetent parties to the arbitration agreement under applicable laws;
• the arbitration agreement is invalid under the chosen law or the law where the award was rendered;
• the respondent was not properly notified about the arbitration proceedings or could not exercise their rights for valid reasons;
• the award exceeds the scope of the arbitration agreement;
• the composition or procedure of the arbitration was not in accordance with the arbitration agreement or the law of the place where the award was rendered;
• the award is not yet binding;
• the award has been annulled or suspended by a competent authority;
• the dispute is non-arbitrable under Vietnamese law;
• recognition and enforcement would violate fundamental principles of Vietnamese law.

14.3 Enforcing non-Convention awards

For arbitral awards from non-contracting states, Vietnam considers enforcement on a reciprocity basis, however, currently no leading case or specific procedures are applicable for the recognition and enforcement of non-Convention awards.

15.1 Applicable to counsel

The professional and ethical rules governing counsel are outlined in the Code of Ethics and Conduct of Vietnamese Lawyers No. 201/QD-HDLSTQ, as promulgated by the Vietnam Bar Federation.

15.2 Applicable to arbitrators

The LCA outlines certain professional and ethical regulations for arbitrators. Arbitration centers may also develop their own detailed professional and ethical rules applicable to arbitrators.

There is no applicable regulation or recognition of third-party funding in Vietnam.

There is currently no specialist arbitration in Vietnam.

• Arbitration permitted for land and housing disputes in commercial activities. The promulgation of the Housing Law 2023 (Law No. 27/2023/QH15) and Land Law 2024 (Law No. 31/2024/QH15) now explicitly permits arbitration for land and housing disputes arising from commercial activities. This development will resolve the debate over exclusive court jurisdiction.
• Draft amendments of the LCA. Plan No. 81/KH-UBTVQH15 of the Standing Committee of the Vietnam National Assembly outlines the amendment of the LCA, overseen by the Vietnam Lawyers’ Association, with some key proposals for amendments mentioned in Section 2.8.
• Precedent on arbitration jurisdiction over non-disclosure agreement (NDA) disputes. Precedent No. 69/2023/AL, effective from November 1, 2023 establishes that disputes arising from NDAs can fall under the jurisdiction of commercial arbitration upon satisfaction of similar legal circumstances.
• Draft Precedent on consular legalization of foreign documents. Draft Precedent No. 15/2024/AL allows arbitration rules to determine whether consular legalization is necessary, ensuring alignment with international practices and clarity in arbitration proceedings.