RULES

of
Arbitration
In force as from 1 March 2017
 VIAC ARBITRATION RULES

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 VIAC ARBITRATION RULES

TABLE OF CONTENTS

Article 1. Scope of application 7

Article 2. Interpretation 7

Article 3. Notice and document; calculation 8

of periods of time

Article 4. Participation in arbitral proceedings 9

Article 5. Commencement of arbitral 9

proceedings

Article 6. Multiple contracts 9

Article 7. Request for Arbitration 10

Article 8. Delivery of Notice and Request 11

for Arbitration

Article 9. Statement of Defence 11

Article 10. Counterclaim 13

Article 11. Number of Arbitrators 14

Article 12. Constitution of an Arbitral Tribunal 14

comprising three Arbitrators

Article 13. Constitution of an Arbitral 16

Tribunal comprising a Sole
Arbitrator

Article 14. Withdrawal of the Request for 17

Arbitration and/or the
Counterclaim; amendment and/or
supplement to the Request for 3
Arbitration, the Counterclaim, the
Statement of Defence, and/or the
 for Arbitration

Article 9. Statement of Defence 11

VIAC ARBITRATION RULES
Article 10. Counterclaim 13

Article 11. Number of Arbitrators 14

Article 12. Constitution of an Arbitral Tribunal 14

comprising three Arbitrators

Article 13. Constitution of an Arbitral 16

Tribunal comprising a Sole
Arbitrator

Article 14. Withdrawal of the Request for 17

Arbitration and/or the
Counterclaim; amendment and/or
supplement to the Request for
Arbitration, the Counterclaim, the
Statement of Defence, and/or the
Statement of Defence against the
Counterclaim

Article 15. Consolidation of arbitrations 17

Article 16. General provisions in respect of 18

Arbitrators

Article 17. Replacement of Arbitrators 19

Article 18. Power of the Arbitral Tribunal to 21

verify facts

Article 19. Power of the Arbitral Tribunal to 21

collect evidence

Article 20. Power of the Arbitral Tribunal to 22

summon witnesses

Article 21. Power of the Arbitral Tribunal to 23

order interim measures

Article 22. Place of arbitration 24

Article 23. Language of arbitration 25

Article 24. Applicable law 25

Article 25. Hearings 26

Article 26. Postponement of hearings 27

Article 27. Absence of parties 27

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Article 28. Jurisdiction of the Arbitral Tribunal 28

Article 29. Mediation 29

 collect evidence

Article 20. Power of the Arbitral Tribunal to 22

VIAC ARBITRATION RULES
summon witnesses

Article 21. Power of the Arbitral Tribunal to 23

order interim measures

Article 22. Place of arbitration 24

Article 23. Language of arbitration 25

Article 24. Applicable law 25

Article 25. Hearings 26

Article 26. Postponement of hearings 27

Article 27. Absence of parties 27

Article 28. Jurisdiction of the Arbitral Tribunal 28

Article 29. Mediation 29

Article 30. Stay of dispute resolution 29

Article 31. Principles for making Arbitral 30

Awards and Decisions by an
Arbitral Tribunal

Article 32. Arbitral Awards 31

Article 33. Correction and interpretation of 32

the Arbitral Award; making an
additional Arbitral Award

Article 34. Costs of arbitration 33

Article 35. Payment of costs of arbitration 34

Article 36. Decision as to the costs of 35

arbitration and other expenses

Article 37. Expedited procedure 36

Article 38. General provisions 36

Annex 1. Model Arbitration Clause 38

Annex 2. Expedited Procedure Model Clause 39

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RULES OF ARBITRATION
OF THE VIETNAM INTERNATIONAL
ARBITRATION CENTRE
In force as from 1 March 2017

Article 1.

Scope of application

1. The Rules of Arbitration of the Vietnam International

Arbitration Centre shall apply to resolve disputes
at the Vietnam International Arbitration Centre.

2. These Rules shall apply to resolve the disputes

of which the arbitral proceedings commence on
or after 1 March 2017 unless the parties have
agreed otherwise.

Article 2.

Interpretation

In these Rules, the following terms shall be

understood as follows:

1. “Centre” means the Vietnam International

Arbitration Centre, also called the Vietnam
International Arbitration Centre at the Vietnam
Chamber of Commerce and Industry.

2. “List of Arbitrators” means the list of arbitrators at

the Centre.

3. “Arbitral Tribunal” comprises three Arbitrators or a

Sole Arbitrator.

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4. “Claimant” includes one or more claimants;

“Respondent” includes one or more respondents.

Article 3.

Notice and document;

calculation of periods of time

1. Any notice or document submitted by any party

to the Centre shall be in a sufficient number of
copies for the Centre to forward one copy to each
member of the Arbitral Tribunal, one copy to the
other party, and to file one copy.
2. Any notice and document shall be sent by the
Centre to the parties at the addresses provided
by the parties and can be sent by delivery against
receipt, registered mail, facsimile, email or any
other means of communication that provides a
record of the sending thereof.
3. Any notice or document sent by the Centre to the
parties shall be deemed to have been received on
the day it was received by the parties, or would
have been received on the day of delivery if the
notice or document has been sent in accordance
with paragraph 2 of this Article.
4. The periods of time specified in these Rules
shall start to run on the day following the date
the notice or document is deemed to have been
received in accordance with paragraph 3 of this
Article. If the day following such date is a non-
business day under the regulations at the place
of receipt, the period of time shall commence on
the first following business day; and if the last day
of the period of time is a non-business day under
the regulations at the place of receipt, the period
of time shall expire at the end of the first following
business day. Non-business days occurring during

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the running of the period of time are included in

calculating the period of time.

Article 4.

Participation in arbitral proceedings

1. The parties may directly participate in or authorize

in writing representatives to participate in the
arbitral proceedings.

2. The Arbitral Tribunal or the Centre, where the

Arbitral Tribunal has not yet been constituted, shall
have the power to request the parties to provide
proof of the authority of any person participating
in the arbitral proceedings.

Article 5.

Commencement of arbitral proceedings

Unless otherwise agreed by the parties, the arbitral

proceedings shall commence on the date on which
the Centre receives the Request for Arbitration of the
Claimant in accordance with paragraph 2 of Article 7
of these Rules.

Article 6.

Multiple contracts

Claims arising out of or in connection with more

than one contract may be made in a single Request
for Arbitration to be resolved in a single arbitration,
irrespective of whether such claims are made under
one or more than one arbitration agreement.

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Article 7.

Request for Arbitration

1. A party wishing to commence an arbitration at the

Centre shall submit its Request for Arbitration to
the Centre.

2. The Request for Arbitration shall contain the

following information:

a) Date, month, year on which the Request for

Arbitration is made;

b) Names and addresses of the parties;

c) Summary of the content of the dispute;

d) Grounds for the claims;

dd) Monetary value of the dispute and other

claims of the Claimant;

e) The name of the person selected by the

Claimant to act as Arbitrator or a request
to the Centre to appoint an Arbitrator in
accordance with paragraph 1 of Article 12 or
Article 13 of these Rules;

g) Signature of the legal representative or the

authorized representative where the Claimant
is an organization; signature of the individual
or the authorized representative where the
Claimant is an individual.

3. The Request for Arbitration shall be accompanied

by the arbitration agreement and other relevant
documents.

4. The Request for Arbitration, the arbitration agreement

and other relevant documents shall be submitted
in a sufficient number of copies in accordance with
paragraph 1 of Article 3 of these Rules.

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Article 8.

Delivery of Notice and

Request for Arbitration

Unless the parties have agreed otherwise on the

period of time, the Centre shall, within 10 days from
the date of receipt of the Request for Arbitration, the
arbitration agreement, other relevant documents and
the arbitration costs as stipulated in Article 35 of these
Rules, send the Respondent a Notice, the Request
for Arbitration, the arbitration agreement and other
relevant documents.

Article 9.

Statement of Defence

1. Unless otherwise agreed by the parties on the

period of time, the Respondent shall, within
30 days from the date of receipt of the Notice,
the Request for Arbitration, the arbitration
agreement and other relevant documents,
submit to the Centre a Statement of Defence.
The Statement of Defence shall contain the
following information:

a) Date, month, year on which the Statement of

Defence is made;

b) Name and address of the Respondent;

c) Grounds for the defence;

d) The name of the person selected by the

Respondent to act as Arbitrator or a request
to the Centre to appoint an Arbitrator in
accordance with paragraph 2 of Article 12 or
Article 13 of these Rules;

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dd)
Signature of the legal representative or
the authorized representative where the
Respondent is an organization; signature of
the individual or the authorized representative
where the Respondent is an individual.

Where the Respondent alleges that there is no

arbitration agreement or that the arbitration
agreement is invalid or incapable of being
performed, the Respondent shall state such
allegations in the Statement of Defence. If the
Respondent fails to do so, it shall be deemed
to lose its right to raise objection to above-
mentioned matters. In such case, the Respondent
shall still select an Arbitrator or request the Centre
to appoint an Arbitrator.

2. At the request of the Respondent, the Centre may

extend the period of time for submission of the
Statement of Defence. The request for extension
must be in writing and delivered to the Centre prior
to the expiry date of aforesaid period of 30 days or
the extended period of time for submissions of the
Statement of Defence.

In such case, the Respondent shall still select an

Arbitrator or request the Centre to appoint an
Arbitrator within the aforesaid period of 30 days
as prescribed in paragraph 1 of this Article.

3. The Statement of Defence and the relevant

documents shall be submitted in a sufficient
number of copies in accordance with paragraph 1
of Article 3 of these Rules.

4. If the Respondent fails to submit the Statement

of Defence, the arbitral proceedings shall still
proceed.

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Article 10.

Counterclaim

1. The Respondent shall have the right to file a

counterclaim against the Claimant. The Counterclaim
must be based on the arbitration agreement on
which the Claimant has relied to make the Request
for Arbitration against the Respondent. The
Counterclaim shall be made in a separate document;
and submitted to the Centre at the same time as and
with the submission of the Statement of Defence.

2. The Counterclaim shall contain the following

information:

a) Date, month, year on which the Counterclaim

is made;

b) Names and addresses of the parties;

c) Summary of the content of the Counterclaim;

d) Grounds for the counterclaims;

dd) Monetary value of the Counterclaim and other

claims of the Respondent;

e) Signature of the legal representative or

the authorized representative where the
Respondent is an organization; signature of
the individual or the authorized representative
where the Respondent is an individual.

3. The Counterclaim and the relevant documents shall

be submitted in a sufficient number of copies in
accordance with paragraph 1 of Article 3 of these
Rules.

4. Unless otherwise agreed by the parties on the

period of time, the Centre shall, within 10 days
from the date of receipt of the Counterclaim, the
relevant documents and the costs of arbitration

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as stipulated in Article 35 of these Rules, send

the Claimant a Notice, the Counterclaim and the
relevant documents.

5. Unless otherwise agreed by the parties on the

period of time, the Claimant shall, within 30 days from
the date of receipt of the Notice, the Counterclaim
and the relevant documents, submit to the Centre
a Statement of Defence against the Counterclaim
in a sufficient number of copies in accordance with
paragraph 1 of Article 3 of these Rules.

6. The Counterclaim shall be concurrently resolved

by the same Arbitral Tribunal that resolves the
Request for Arbitration of the Claimant.

Article 11.

Number of Arbitrators

1. The dispute shall be resolved by an Arbitral Tribunal

comprising three Arbitrators or a Sole Arbitrator.

2. Unless the parties have agreed that the dispute

shall be resolved by a Sole Arbitrator, the dispute
shall be resolved by an Arbitral Tribunal comprising
three Arbitrators.

Article 12.

Constitution of an Arbitral
Tribunal comprising three Arbitrators

1. Unless otherwise agreed by the parties, the

Claimant shall select an Arbitrator or request the
Centre to appoint an Arbitrator. Where there are
multiple claimants, the Claimant shall agree on the
selection of one Arbitrator or agree to request the

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Centre to appoint an Arbitrator and shall notify the

Centre. Where the name of the person selected as
Arbitrator is not included in the List of Arbitrators,
the Claimant shall inform the Centre of the address
of such an Arbitrator.

Where the Claimant requests the Centre to appoint

an Arbitrator, the Centre’s President shall, within
07 days from the date of receipt of the request,
make a decision to appoint an Arbitrator.

2. Unless otherwise agreed by the parties, the

Respondent shall select an Arbitrator or request the
Centre to appoint an Arbitrator and shall notify the
Centre within 30 days from the date of receipt of the
Notice, the Request for Arbitration, the arbitration
agreement and other relevant documents. Where
there are multiple respondents, the Respondent
shall agree on the selection of one Arbitrator or
agree to request the Centre to appoint an Arbitrator
and shall notify the Centre. Where the name of the
person selected as Arbitrator is not included in the
List of Arbitrators, the Respondent shall inform the
Centre of the address of such an Arbitrator.

Where the Respondent requests the Centre to

appoint an Arbitrator, the Centre’s President shall,
within 07 days from the date of receipt of the
request, make a decision to appoint an Arbitrator.

If the Respondent fails to select an Arbitrator or to

request the Centre to appoint an Arbitrator within the
aforesaid period of 30 days, the Centre’s President shall,
within 07 days after the expiry date of the period of
time, make a decision to appoint an Arbitrator. Where
there are multiple respondents, if the Respondent
fails to agree on the selection of one Arbitrator or to
request the Centre to appoint an Arbitrator within the
aforesaid period of time, the Centre’s President shall,
within 07 days after the expiry date of the period of
time, make a decision to appoint an Arbitrator.

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3. Unless otherwise agreed by the parties, within 15

days from the date on which the Arbitrator selected
by the Respondent or appointed by the Centre’s
President receives the notice of the selection or
appointment, the two Arbitrators shall select the third
person who will act as the Presiding Arbitrator of the
Arbitral Tribunal and shall notify the Centre. If the
Centre does not receive the notification by the expiry
of the period of time, the Centre’s President shall,
within 07 days after the expiry date of the period
of time, make a decision to appoint the Presiding
Arbitrator of the Arbitral Tribunal.
4. In making the decision pursuant to the provisions
of paragraphs 1, 2 and 3 of this Article and Article
13 of these Rules, the Centre’s President shall have
due regard to the necessary qualifications of an
Arbitrator as agreed by the parties and pursuant
to these Rules. The Centre’s President shall also
consider whether or not the appointed Arbitrator
has sufficient time to resolve the dispute efficiently.

Article 13.

Constitution of an Arbitral Tribunal

comprising a Sole Arbitrator

Unless otherwise agreed by the parties, within 30 days

from the date on which the Respondent receives the
Notice, the Request for Arbitration, the arbitration
agreement and other relevant documents, the parties
shall agree on the selection of a Sole Arbitrator or request
the Centre to appoint a Sole Arbitrator and shall notify the
Centre. Where the name of the person selected as the
Sole Arbitrator is not included in the List of Arbitrators,
the parties shall inform the Centre of the address of such
an Arbitrator.

If the Centre does not receive the notification, the

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Centre’s President shall, within 07 days after the

expiry date of the aforesaid period of time, make a
decision to appoint the Sole Arbitrator.

Article 14.

Withdrawal of the Request for

Arbitration and/or the Counterclaim;
amendment and/or supplement
to the Request for Arbitration, the
Counterclaim, the Statement of
Defence, and/or the Statement of
Defence against the Counterclaim
1. The parties have the right to withdraw the Request
for Arbitration and/or the Counterclaim before the
Arbitral Tribunal makes the Arbitral Award.

2. The parties may amend and/or supplement the

Request for Arbitration, the Counterclaim, the
Statement of Defence and/or the Statement of
Defence against the Counterclaim before the final
hearing finishes. The amendment and/or the
supplement shall be in writing in a sufficient number
of copies in accordance with paragraph 1 of Article
3 of these Rules. The Arbitral Tribunal shall have
the power to disallow the amendment and/or the
supplement if the Arbitral Tribunal considers it an
abuse aimed at causing difficulties or delaying the
making of the Arbitral Award or if it exceeds the scope
of the arbitration agreement applicable to the dispute.

Article 15.

Consolidation of arbitrations

1. Parties may agree to consolidate two or more

arbitrations pending under these Rules into a

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single arbitration. The Centre shall decide on

whether the arbitrations are consolidated upon its
consideration on relevant matters.

2. Unless otherwise agreed by the parties, the

arbitrations shall be consolidated into the
arbitration that commenced first.

Article 16.

General provisions
in respect of Arbitrators

1. Upon receipt of the notice of selection or

appointment as Arbitrator and throughout the
arbitral proceedings, the selected or appointed
Arbitrator shall duly disclose to the Centre any
fact which may cause any doubt about his or her
impartiality, independence, or objectivity which
shall be notified to the parties.

2. An Arbitrator shall not be permitted to act as

lawyer for any party.

3. The selected or appointed arbitrators must decline

to act as an Arbitration under the following
circumstances:

a) The arbitrator is a relative or representative of

a party;

b) The arbitrator has an interest related to the

dispute;

c) The arbitrator was a mediator, a representative

or a lawyer for either party in the dispute
currently being brought to the Centre for
resolution unless the parties have agreed
otherwise in writing;

d) There are clear grounds demonstrating that

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the prospective arbitrator is not impartial or

objective;

dd) The arbitrator fails to meet the specific

qualifications agreed by the parties;

e) The arbitrator fails to meet the qualifications

specified in the applicable arbitration law.

4. During the arbitral proceedings, an Arbitrator shall

not be permitted to privately meet or contact any
party and no party shall be permitted to privately
meet or contact an Arbitrator with respect to any
communication relating to the dispute.

5. If the parties have agreed on the specific

qualifications of an Arbitrator, the Arbitrator shall
be deemed to meet such qualifications unless
a party, within 15 days of receipt of a notice of
selection or appointment of the Arbitrator, has a
request for replacement on the grounds that such
an Arbitrator fails to meet the qualifications agreed
by the parties. In such case, the replacement of
the Arbitrator shall be subject to Article 17 of these
Rules.

Article 17.

Replacement of Arbitrators

1. An Arbitrator shall refuse to resolve the dispute,

and the parties shall have the right to request
the replacement of an Arbitrator if the Arbitrator
falls into one of the circumstances prescribed in
paragraph 3 of Article 16 of these Rules.

2. A written refusal to resolve the dispute of an

Arbitrator and/or a request of party(es) for the
replacement of an Arbitrator shall be submitted
to the Centre. Where the Arbitral Tribunal has

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not yet been constituted, the Centre’s President

shall decide on the replacement of the Arbitrator.
Where the Arbitral Tribunal has been constituted,
the replacement of an Arbitrator shall be decided
by the remaining members of the Arbitral Tribunal;
if the remaining members of the Arbitral Tribunal
fail to do so, the Centre’s President shall make a
decision. In any other circumstances, the Centre’s
President shall make a decision.

Where the Arbitral Tribunal comprises a Sole

Arbitrator, the Centre’s President shall make a
decision on the replacement of the Sole Arbitrator.

The Decision of the remaining members of the

Arbitral Tribunal or of the Centre’s President on the
replacement of an Arbitrator may be made without
stating the reasons and shall be final.

3. Where the remaining members of the Arbitral

Tribunal or the Centre’s President decides to
replace an Arbitrator, the substitute Arbitrator shall
be selected or appointed in accordance with Article
12 or Article 13 of these Rules. The Arbitrator who
has been replaced shall not be reselected by the
parties or reappointed by the Centre’s President.

Where the remaining members of the Arbitral

Tribunal or the Centre’s President decides not to
replace an Arbitrator, the Arbitrator shall continue
to resolve the dispute.

4. The Centre or the Arbitral Tribunal may fix the

expenses for the replacement of an Arbitrator and
may decide which party shall bear such expenses.

5. Where an Arbitrator dies or, for any event of

force majeure or hardship, is unable to continue
resolving the dispute, the selection or appointment
of the substitute Arbitrator shall be subject to
Article 12 or Article 13 of these Rules.

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6. The newly constituted Arbitral Tribunal may, after

consulting with the parties, reconsider the issues
already presented in the hearings conducted by
the former Arbitral Tribunal.

Article 18.

Power of the Arbitral Tribunal

to verify facts

The Arbitral Tribunal shall have the power to meet or

discuss with one party with the participation of the
other party by appropriate means in order to clarify
the issues relevant to the dispute. The Arbitral Tribunal
may, on its own initiative or at the request of a party
or the parties, conduct fact-finding from a third person
in the presence of the parties or after having notified
the parties.

Article 19.

Power of the Arbitral Tribunal

to collect evidence

1. The Arbitral Tribunal shall have the power to

request the parties to provide evidence, and the
parties shall be obliged to provide evidence.

2. The Arbitral Tribunal shall have the power, at

the request of a party or the parties, to request
witnesses to provide information and documents
relevant to the dispute.

3. The Arbitral Tribunal shall have the power, on its

own initiative or at the request of a party or the
parties, to seek inspection or valuation of the assets
in dispute. The expenses for inspection or valuation
shall be paid by the requesting party or allocated

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by the Arbitral Tribunal. In all circumstances, if the

inspection or valuation expenses are not paid in
full, the Arbitral Tribunal shall resolve the dispute
on the basis of the documents readily available.

4. The Arbitral Tribunal shall have the power, on its

own initiative or at the request of a party or the
parties, to seek expert advice. The Arbitral Tribunal
shall have the power to request the parties to
provide experts with relevant information or access
to relevant documents, goods or assets. The experts
shall submit a written report to the Arbitral Tribunal.
After receiving the report, the Arbitral Tribunal shall
send a copy of the report to the parties and request
the parties to provide their written opinion on the
report. The expenses for expert advice shall be paid
by the requesting party or allocated by the Arbitral
Tribunal. In all circumstances, if the expenses
for expert advice are not paid in full, the Arbitral
Tribunal shall resolve the dispute on the basis of the
documents readily available.

5. If the Arbitral Tribunal or a party or the parties

have already taken necessary measures to collect
evidence without success, a written request may be
submitted to the competent court to require support
in accordance with the law.

Article 20.

Power of the Arbitral Tribunal

to summon witnesses

1. The Arbitral Tribunal shall have the power, at the

request of a party or the parties and if the Tribunal
considers it necessary, to summon witnesses to
attend a hearing. The witness expenses shall be
paid by the requesting party or allocated by the
Arbitral Tribunal.

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2. If a witness who has been duly summoned by the

Arbitral Tribunal fails to attend the hearing without a
legitimate reason and if the absence of the witness
causes an obstacle to the dispute resolution, the
Arbitral Tribunal shall submit a written request to
the competent court to issue a decision summoning
the witness to attend the hearing. The request shall
specify the content of the dispute currently being
resolved; the full name and the address of the
witness; the reason why the witness needs to be
summoned; and the time and the location where
the witness is required to be present.

3. If a witness who has been duly summoned is

absent, the Arbitral Tribunal may adjourn or
proceed with the hearing on the basis of the
documents readily available.

Article 21.

Power of the Arbitral Tribunal

to order interim measures

1. The Arbitral Tribunal may, at the request of a party,

order one or more interim measures applicable to the
parties in dispute. The interim measures shall comprise:

a) Prohibition of any change in the status quo of

the assets in dispute;

b) Prohibition of any specific action by any party

in dispute or order that any party in dispute
take specific actions aimed at preventing
conduct adverse to the arbitral proceedings;

c) Seizure of the assets in dispute;

d) Order of preservation, storage, sale or disposal

of any of the assets of a party or the parties in
dispute;

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dd) Order of provisional payment of money

between the parties;

e) Prohibition of transfer of asset rights with

respect to the assets in dispute.

2.
The procedures for ordering, changing,
supplementing and terminating the interim
measures shall be in accordance with the relevant
provisions of the law.

3. During the arbitral proceedings, if a party has

already requested a court to order one or more
interim measures as provided in paragraph 1 of
this Article and then requests the Arbitral Tribunal
to order such interim measures, the Arbitral
Tribunal shall reject the request. The party that has
requested the court to order any interim measures
shall immediately notify the Centre of the request.

4. A request for interim measures addressed by any

party to a court shall not be deemed incompatible
with the agreement to arbitrate, or as a waiver of
that agreement.

Article 22.

Place of arbitration

1. The place of arbitration shall be as agreed by

the parties. Otherwise, the Arbitral Tribunal shall
determine the place of arbitration it considers
appropriate.

2. Unless otherwise agreed by the parties, the Arbitral

Tribunal may conduct hearings at any location it
considers appropriate. The Arbitral Tribunal may
hold meetings by any means and at any location it
considers appropriate.

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Article 23.

Language of arbitration

1. For disputes without a foreign element, the language

of arbitration shall be Vietnamese.

2. For disputes with a foreign element and disputes to

which at least one party is an enterprise with foreign
investment capital, the language of arbitration shall be
as agreed by the parties. Otherwise, the Arbitral Tribunal
shall determine the language or languages to be used in
the arbitral proceedings, taking account of the relevant
circumstances including the language of the contract.

3. If a document is made in any language other than

the language of arbitration, the Arbitral Tribunal
or the Centre, where the Arbitral Tribunal has not
yet been constituted, may request a party or the
parties to provide the translation thereof.

Article 24.

Applicable law

1. For disputes without a foreign element, the Arbitral

Tribunal shall apply the law of Vietnam.

2. For disputes with a foreign element, the Arbitral

Tribunal shall apply the law agreed by the parties;
if the parties do not have any agreement on the
applicable law, the Arbitral Tribunal shall determine
the law it considers the most appropriate.

3. In all cases, the Arbitral Tribunal shall take account

of the provisions of the contract, if any, between
the parties in resolving the dispute.

4. The Arbitral Tribunal may apply any appropriate

trade usage to resolve the dispute.

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Article 25.

Hearings

1. The Arbitral Tribunal shall fix the time and the

location of hearings unless the parties have agreed
otherwise. The Arbitral Tribunal may conduct the
hearings by means of teleconference, video-
conference or by any other appropriate means if
the parties have agreed so.

2. A summon to attend a hearing shall be sent by the

Centre to the parties within a period of time no
less than 15 days prior to the date of the hearing
unless the parties have agreed otherwise. In
case of postponement of the hearing or where
the Arbitral Tribunal holds further hearings, the
period of time for sending summonses shall be
determined by the Arbitral Tribunal unless the
parties have agreed otherwise.

3. Hearings shall be conducted in camera unless the

parties have agreed otherwise. The parties shall
have the right to invite witnesses and persons who
protect their legal rights and interests to attend
hearings and shall notify the Arbitral Tribunal prior
to the date of hearings. The Arbitral Tribunal, on its
own initiative or at the request of a party, shall have
the power to invite the organization or individual
conducting the inspection or the valuation of assets
and the experts as stipulated in Article 19 to attend
hearings. The Arbitral Tribunal may permit other
persons to attend hearings if the parties so consent.

4. At a hearing, if the Arbitral Tribunal considers that

the parties have no further relevant document or
evidence to submit, the Arbitral Tribunal shall declare
such a hearing to be the final hearing. After the final
hearing, the Arbitral Tribunal shall not be obliged to
consider any additional document or evidence.

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Article 26.

Postponement of hearings

1. A party or the parties may, if there is a legitimate

reason, request the Arbitral Tribunal to postpone
a hearing. A request for the postponement of the
hearing shall be in writing, specifying the reason
with evidence attached, and shall be submitted
to the Centre. If the Centre does not receive the
request for postponement at least 07 working days
prior to the date of the hearing, the requesting
party shall pay all expenses arising, if any.
The Arbitral Tribunal shall accept or reject the request
for postponement and notify the parties accordingly.
2. Where necessary, the Arbitral Tribunal may
postpone a hearing and notify the parties.

Article 27.

Absence of parties

1. The Claimant who has been duly summoned to

attend a hearing but fails to appear without a
legitimate reason, or who leaves a hearing without
permission of the Arbitral Tribunal shall be deemed
to have withdrawn the Request for Arbitration. In
such case, the Arbitral Tribunal shall only proceed
with the dispute resolution if the Respondent so
requests or if there is a Counterclaim.
If the Respondent has been duly summoned to attend
a hearing but fails to appear without a legitimate
reason or leaves a hearing without the permission
of the Arbitral Tribunal, the Arbitral Tribunal shall
proceed with the dispute resolution on the basis of
the documents and evidence readily available.

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 VIAC ARBITRATION RULES

2. Where there is a Counterclaim, the Respondent

who has been duly summoned to attend a hearing
but fails to appear without a legitimate reason, or
who leaves a hearing without the permission of the
Arbitral Tribunal, shall be deemed to have withdrawn
the Counterclaim. In such case, the Arbitral Tribunal
shall only proceed with the resolution of the
Counterclaim if the Claimant so requests.

3. The Arbitral Tribunal may, at the request of the

parties, rely on the documents and evidence
readily available to proceed with a hearing without
the presence of the parties.

4. The Arbitral Tribunal may proceed with a hearing

when there is a request from one party to be absent.

Article 28.

Jurisdiction of the Arbitral Tribunal

1. The Arbitral Tribunal shall have the power to rule
on its own jurisdiction, including any objection with
respect to the existence or validity of the arbitration
agreement. For that purpose, an arbitration clause
that forms part of a contract shall be treated as
an agreement independent of the other terms of
the contract. A decision by the Arbitral Tribunal
that the contract is null and void shall not entail
automatically the invalidity of the arbitration clause.

2. Before considering the merits of the dispute, the

Arbitral Tribunal shall consider the existence of the
arbitration agreement; the validity of the arbitration
agreement; whether or not the arbitration
agreement is capable of being performed; and its
jurisdiction regardless of whether or not there is
any objection raised by any party.

Where the Arbitral Tribunal finds that the

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 VIAC ARBITRATION RULES

arbitration agreement exists, is valid and capable

of being performed, the Arbitral Tribunal shall
proceed with the dispute resolution.

Where the Arbitral Tribunal finds that the arbitration

agreement does not exist, is invalid or incapable of
being performed, the Arbitral Tribunal shall make a
decision to stay the dispute resolution.

3. The Arbitral Tribunal may make a separate

Decision on jurisdiction of the Arbitral Tribunal
or may decide on the jurisdiction of the Arbitral
Tribunal in the Arbitral Award.

4. If any party finds that the Arbitral Tribunal is

exceeding the scope of its jurisdiction, it shall raise
an objection to the Arbitral Tribunal. The Arbitral
Tribunal shall consider and decide such an objection.

Article 29.

Mediation

The Arbitral Tribunal shall, at the request of the parties,

conduct a mediation. If the mediation is successful,
a minutes of successful mediation shall be drafted.
The minutes shall be signed by the parties and the
Arbitrators or the Sole Arbitrator. In such case, the
Arbitral Tribunal shall make the Decision recognizing
the successful mediation. The Decision of the Arbitral
Tribunal shall be as valid as an Arbitral Award.

Article 30.

Stay of dispute resolution

1. The resolution of the dispute shall be stayed in the

following circumstances:

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 VIAC ARBITRATION RULES

a) The Claimant or Respondent being an individual

dies without anyone inheriting his or her rights
and obligations; the Claimant or Respondent
being an organization has terminated its
operation, become bankrupt, or been dissolved,
consolidated, merged, demerged, separated, or
has converted its organizational form without any
organization taking over its rights and obligations;
b) The Claimant withdraws the Request for
Arbitration, except where the Respondent files
a Counterclaim;
c) The Claimant is deemed to have withdrawn the
Request for Arbitration pursuant to paragraph
1 of Article 27 of these Rules, except where
the Respondent requests to proceed with the
dispute resolution;
d) The parties reach an agreement on the
termination of the dispute resolution;
dd) There is a Decision of the Arbitral Tribunal pursuant
to paragraph 2 of Article 28 of these Rules;
e) There is a Decision of a court pursuant to the law.
2. The Arbitral Tribunal shall make a decision staying
the dispute resolution. If the Arbitral Tribunal has
not yet been constituted, the Centre’s President
shall make a decision staying the dispute resolution.

Article 31.

Principles for making Arbitral Awards

and Decisions by an Arbitral Tribunal

Where the Arbitral Tribunal comprises three Arbitrators,

an Arbitral Award, a Decision by an Arbitral Tribunal is
made by a majority decision. If there is no majority,
the Arbitral Award shall be decided by the Presiding
Arbitrator alone.

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 VIAC ARBITRATION RULES

Article 32.

Arbitral Awards

1. An Arbitral Award shall be in writing and contain

the following main information:

a) Date, month, year and place of making the

Arbitral Award;

b) Names and addresses of the Claimant and the

Respondent;

c) Names of the Arbitrators or the name of the

Sole Arbitrator;

d) Summary of the Request for Arbitration

and matters in dispute; summary of the
Counterclaim and matters in dispute, if any;

dd) Reasons for making the Arbitral Award unless

the parties have agreed that no reasons are to
be given;

e) Determination of the dispute resolution;

g) Period of time for implementing the Arbitral

Award;

h) Allocation of the costs of arbitration and other

relevant expenses;

i) Signatures of the Arbitrators or the signature

of the Sole Arbitrator.

2. If an Arbitrator fails to sign the Arbitral Award, the

Presiding Arbitrator of the Arbitral Tribunal shall record
this in the Arbitral Award and state the reasons. In
such case, the Arbitral Award shall still be valid.

3. The Arbitral Award shall be made no later than

30 days from the date on which the final hearing
finishes.

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 VIAC ARBITRATION RULES

4. The Arbitral Tribunal shall send the Arbitral Award

to the Centre immediately after the date on which
it is made. The Centre shall immediately send the
original or certified copy of the Arbitral Award to the
parties. The parties shall have the right to request
the Centre to provide additional copies of the Arbitral
Award and shall pay fees as provided by the Centre.

5. The Arbitral Award shall be final and binding on

the parties.

Article 33.

Correction and interpretation

of the Arbitral Award;
making an additional Arbitral Award

1. Unless the parties have agreed otherwise on the

period of time, within 30 days from the date of
receipt of the Arbitral Award, a party may request
the Arbitral Tribunal to correct any spelling, printing,
or typographical error, or any error of a similar
nature; any numerical errors caused by a mistake or
incorrect computation in the Arbitral Award, and shall
immediately notify the request to other party. If the
Arbitral Tribunal considers the request legitimate and
there is proof that the request has been notified to
the other party, it shall make a Decision on correction
within 30 days from the date of receipt of the request.
2. The Arbitral Tribunal may, on its own initiative,
within 30 days from the date on which the Arbitral
Award is made, correct any of the above-mentioned
errors and make a Decision on correction.
3. Unless the parties have agreed otherwise on the
period of time, within 30 days from the date of
receipt of the Arbitral Award, a party may request
the Arbitral Tribunal to interpret the Arbitral
Award, and shall immediately notify the request to

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 VIAC ARBITRATION RULES

the other party. If the Arbitral Tribunal considers

the request legitimate and there is proof that the
request has been notified to the other party, it
shall make a Decision on interpretation within 30
days from the date of receipt of the request.
4. Unless the parties have agreed otherwise on the
period of time, within 30 days from the date of
receipt of the Arbitral Award, a party may request
the Arbitral Tribunal to make an additional Arbitral
Award with respect to the issues presented during
the arbitral proceedings but not yet recorded in the
Arbitral Award, and shall immediately notify the
request to the other party. If the Arbitral Tribunal
considers such request legitimate and there is proof
that the request has been notified to the other party,
it shall make an additional Arbitral Award within 30
days from the date of receipt of the request.
5. Where necessary, the Arbitral Tribunal may extend
the periods of time for the correction or the
interpretation of the Arbitral Award or the making
of an additional Arbitral Award as stipulated in
paragraphs 1, 3 and 4 of this Article respectively.
6. The Decision on correction or the Decision on
interpretation, or the additional Arbitral Award
shall constitute part of the Arbitral Award.
7. The correction or the interpretation of an Arbitral
Award, or the making of an additional Arbitral
Award shall be subject to Article 31 and paragraph
2 of Article 32 of these Rules.

Article 34.

Costs of arbitration

Costs of arbitration include:

1. The expenses for remuneration of Arbitrators;

33
 VIAC ARBITRATION RULES

2. The Centre’s administrative expenses;

3. The expenses for travelling, accommodation and

other relevant expenses of the Arbitrators as
stipulated in the written Guidelines of the Centre in
force at the time of preparing the estimate for the
expenses; and the expenses for other assistance
at the request of the Arbitral Tribunal.

4. The expenses for inspection and valuation of

assets, the expenses for seeking expert advice.

Article 35.

Payment of costs of arbitration

1. Unless otherwise agreed by the parties, upon

submission of the Request for Arbitration, the
Claimant shall pay the expenses in full as provided
in paragraphs 1 and 2 of Article 34 of these Rules
pursuant to the Schedule of Costs of Arbitration
of the Centre in force at the time of submission of
the Request for Arbitration. Where the Claimant
fails to pay such expenses in full within the period
of time fixed by the Centre, the Claimant shall
be deemed to have withdrawn the Request for
Arbitration, but shall not be prevented from re-
submitting the Request for Arbitration.

2. Unless otherwise agreed by the parties, where

there is a Counterclaim, the Respondent shall pay
the expenses in full as provided in paragraphs
1 and 2 of Article 34 of these Rules pursuant
to the Schedule of Costs of Arbitration of the
Centre in force at the time of submission of the
Counterclaim. Where the Respondent fails to pay
such expenses in full within the period of time fixed
by the Centre, the Respondent shall be deemed to
have withdrawn the Counterclaim.

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 VIAC ARBITRATION RULES

3. The expenses referred to in paragraph 3 of Article

34 of these Rules shall be made in advance after
the Arbitral Tribunal is constituted. The Centre shall
consult with the Arbitral Tribunal to prepare the
estimate of expenses and shall request a party or
the parties to make in advance the expenses and
notify the parties. Unless otherwise agreed by the
parties, the requested party or parties shall make
in advance the expenses in full within 15 days from
the date of receipt of the notice from the Centre.
If the expenses are not made in advanced in full,
the Centre may request the Arbitral Tribunal to
temporarily suspend the dispute resolution. In such
case, one party may make an advance on behalf of
the other party at the request of the Centre so that
the dispute resolution continues. If the expenses are
not made in advanced in full, the Arbitral Tribunal
may temporarily suspend the dispute resolution.
4. The expenses referred to in paragraph 4 of Article
34 of these Rules shall be paid in accordance with
the regulation at paragraphs 3 and 4 of Article 19
of these Rules.
5. The Centre shall calculate the expenses as provided
in paragraph 3 of Article 34 of these Rules and
notify the parties and the Arbitral Tribunal before
the Arbitral Tribunal makes the Arbitral Award. If
the advanced amount exceeds the actual expenses,
the Centre shall refund the excess amount. If the
actual expenses exceed the advanced amount, the
parties shall pay the Centre the additional amount.

Article 36.

Decision as to the costs of arbitration

and other expenses

1. Unless otherwise agreed by the parties, the Arbitral

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 VIAC ARBITRATION RULES

Tribunal shall allocate the costs of arbitration.

2. The Arbitral Tribunal shall have the power to

decide that one party shall bear all or part of the
legal costs or other reasonable expenses incurred
by the other party.

Article 37.

Expedited procedure

1. An Expedited procedure shall be applied in

resolving dispute of parties if they have agreed so.

2. In conducting an Expedited procedure, the

following regulations shall be applied:

a) The Arbitral Tribunal shall comprise a Sole

Arbitrator unless the parties have agreed
otherwise;

b) The Centre or the Arbitral Tribunal may shorten

any time limits set out in these Rules;

c) The Arbitral Tribunal may, unless there is an

objection of either party, rely on the documents
and evidence readily available to proceed with a
hearing without the presence of the parties. The
Arbitral Tribunal may also conduct the hearing
by means of teleconference, video-conference
or by any other appropriate means unless there
is an objection of either party.

Article 38.

General provisions

1. The Centre does not itself resolve disputes.

Disputes shall be resolved by Arbitral Tribunals.

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 VIAC ARBITRATION RULES

2. The dispute resolution by arbitration at the Centre

is conducted in camera unless the parties have
agreed otherwise. The Arbitral Tribunal may
introduce appropriate measures if either party is
found to violate such provision.

3. The parties may agree to shorten the various time

limits relating to the Centre or the Arbitral Tribunal
in accordance with these Rules provided that such
an agreement is approved by the Centre or the
Arbitral Tribunal.

4. If a party becomes aware of a breach of the

provisions of the laws on arbitration or of these
Rules or of the arbitration agreement and proceeds
with the arbitration without raising its objection to
such breach within the time limits stipulated in
these Rules, it shall be deemed to have waived its
right to object. In the absence of regulations on
such time limits, such objections must be raised
before the Arbitral Tribunal declares the final
hearing.

5. In all matters not expressly provided for in these

Rules, the Centre and the Arbitral Tribunal shall
act in the spirit of these Rules and make all efforts
for the dispute to be resolved in a fair and efficient
manner.

6. The Centre’s President may authorize the Centre’s

Vice Presidents to make decisions on his behalf as
provided in these Rules.

7. The Centre’s Secretaries shall perform their duties

in arbitral proceedings as under these Rules and
the Centre’s regulations.

8. The Centre may authorize its branches to perform

its duties specified in these Rules.

---------**---------

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 VIAC ARBITRATION RULES

ANNEX 1:
MODEL ARBITRATION CLAUSE

“Any dispute arising out of or in relation with this

contract shall be resolved by arbitration at the Vietnam
International Arbitration Centre (VIAC) in accordance
with its Rules of Arbitration”.
or
“Any dispute arising out of or in relation with this
contract shall be resolved by arbitration at the Vietnam
International Arbitration Centre at the Vietnam Chamber
of Commerce and Industry (VIAC) in accordance with its
Rules of Arbitration”.
Parties may wish to consider adding:
(a) the number of arbitrators shall be [one or three].
(b) the place of arbitration shall be [city and/or
country].
(c) the governing law of the contract [is/shall be] the
substantive law of [ ].*
(d) the language to be used in the arbitral proceedings
shall be [ ].**
Note:
* For disputes which involve a foreign element.
** For disputes which involve a foreign element or
disputes in which at least one party is an enterprise
with foreign investment capital.

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 VIAC ARBITRATION RULES

ANNEX 2:
EXPEDITED PROCEDURE
MODEL CLAUSE

“Any dispute arising out of or in relation with this

contract shall be resolved by arbitration at the Vietnam
International Arbitration Centre (VIAC) in accordance
with its Rules of Arbitration.
The parties agree that any arbitration commenced
pursuant to this clause shall be conducted in accordance
with the Expedited procedure set out in Article 37 of the
VIAC Rules of Arbitration.”
Parties may wish to consider adding:
(a) the place of arbitration shall be [city and/or
country].
(b) the governing law of the contract [is/shall be] the
substantive law of [ ].*
(c) the language to be used in the arbitral proceedings
shall be [ ].**
Note:
* For disputes which involve a foreign element.
** For disputes which involve a foreign element or
disputes in which at least one party is an enterprise
with foreign investment capital.

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 VIAC ARBITRATION RULES

NHÀ XUẤT BẢN THANH NIÊN

64 Bà Triệu - Hà Nội - ĐT: (84.04) 39434044 - 62631716
Fax: 04.39436024. Website: nxbthanhnien.vn
Email: [email protected]
Chi nhánh: 27B Nguyễn Đình Chiểu, phường Đa Kao,
Quận 1, TP. Hồ Chí Minh. ĐT: (08) 39305243

RULES OF ARBITRATION
OF THE VIETNAM INTERNATIONAL
ARBITRATION CENTRE

Chịu trách nhiệm xuất bản:

Giám đốc - Tổng biên tập NGUYỄN XUÂN TRƯỜNG

Biên tập: TRẦN THỊ HƯƠNG

ISBN: 978-604-64-4508-1

In 1.000 cuốn, khổ 11 x 22 cm tại Công ty TNHH in ấn Đa Sắc.

Số xác nhận ĐKXB: 1383-2016/CXBIPH/20-36/TN
QĐXB số: 286/QĐ-NXBTN ngày 16 tháng 5 năm 2016

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