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THE GOVERNMENT OF VIETNAM |
THE SOCIALIST REPUBLIC OF VIETNAM |
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No. 328/2025/ND-CP |
Hanoi, December 18, 2025 |
ON THE INTERNATIONAL ARBITRATION CENTER AFFILIATED TO THE INTERNATIONAL FINANCIAL CENTER IN VIETNAM
Pursuant to Law on Government Organization No. 63/2025/QH15;
Pursuant to Law on Commercial Arbitration No. 54/2010/QH12, amended and supplemented by Law No. 81/2025/QH15 amending and supplementing some articles of the Law on the Organization of People’s Courts;
Pursuant to Resolution No. 222/2025/QH15 on International Financial Centers in Vietnam;
At the request of the Minister of Justice;
The Government issues a Decree on the International Arbitration Center affiliated to the International Financial Center in Vietnam
This Decree elaborates and provides guidance on the implementation of point c2 Clause 1 Article 9, Clause 3 Article 30 of Resolution No. 222/2025/QH15 dated June 27, 2025 of the National Assembly on the International Financial Center in Vietnam (referred to as Resolution No. 222/2025/QH15) regarding the establishment and operation of the International Arbitration Center affiliated to the International Financial Center in Vietnam (referred to as the International Arbitration Center); criteria for founders and arbitrators of the International Arbitration Center.
1. The International Arbitration Center, founders, and arbitrators of the International Arbitration Center
2. Members of the International Financial Center, investors, organizations, individuals engaged in investment activities, business, and dispute resolution at the International Arbitration Center.
3. Executive body, supervisory body of the International Financial Center.
4. Other relevant agencies, organizations, and individuals.
ESTABLISHMENT AND OPERATION OF THE INTERNATIONAL ARBITRATION CENTER
Article 3. Establishment of the International Arbitration Center
1. The Minister of Justice shall decide approving the establishment of the International Arbitration Center where there are at least 05 eligible founders as stipulated in Clause 1 Article 7 of this Decree proposing the establishment.
2. The International Arbitration Center shall be located at the International Financial Center in Ho Chi Minh City, has its legal personality, seal, and account; operate independently in terms of organization and finance.
3. The establishment, registration, and public announcement about establishment of International Arbitration Center shall comply with laws on commercial arbitration and this Decree.
Article 4. Operation of the International Arbitration Center
1. The International Arbitration Center shall operate in accordance with laws on commercial arbitration, Resolution No. 222/2025/QH15, and this Decree.
2. The International Arbitration Center shall have the rights and obligations stipulated in laws on commercial arbitration.
3. The International Arbitration Center shall ensure the efficient, fair, and transparent operations.
4. The application of foreign laws by the International Arbitration Center shall comply with Clause 2 Article 6 of Resolution No. 222/2025/QH15 and Clause 2 Article 14 of Law on Commercial Arbitration.
5. In cases where parties agree to resolve disputes at the International Arbitration Center, they may reach an agreement on waiver of the right to request the Court to annul the decision on recognition of the successful mediation result or valid arbitral award of the arbitration council of International Arbitration Center. The Court shall not accept requests to annul the awards or decisions of the arbitration council when the parties have a written agreement to waive this right.
6. The agreement to waive this right to request the Court to annul the decision on recognition of the successful mediation result or valid arbitral award of the arbitration council of International Arbitration Center is part of the arbitration agreement as stipulated by the laws on commercial arbitration.
The court shall not refuse to annul the awards or decisions of the arbitration council in the following cases:
a) The waiver agreement falls under cases where the agreement is invalid as stipulated in Article 18 of Law on Commercial Arbitration.
b) The agreement is made after one party has submitted a request to annul the award or decision of the arbitration council to the Court.
Article 5. Jurisdiction to resolve disputes of the International Arbitration Center
1. The International Arbitration Center has the jurisdiction to resolve disputes based on agreements between parties in investment and business activities at the International Financial Center according to rules and regulations issued by the International Arbitration Center, except for disputes specified in clause 2 of this Article.
2. The International Arbitration Center does not have the jurisdiction to resolve the following disputes:
a) Disputes concerning administrative decisions, administrative actions of regulatory bodies or competent persons;
b) Labor disputes;
c) Personal rights disputes;
d) Other disputes relevant to state management which have been resolved by judgments/ decisions of competent authority/court in Vietnam.
Article 6. Termination of operation of the International Arbitration Center
1. The operations of the International Arbitration Center shall be terminated in the following cases:
a) It has its establishment license or operation registration certificate revoked in accordance with laws on commercial arbitration;
b) It falls under any cases specified in the Charter of the International Arbitration Center.
2. Procedures and authority to terminate the operations of the International Arbitration Center shall comply with laws on commercial arbitration/
Article 7. Eligibility for founders and arbitrators of the International Arbitration Center
1. A person may act as founder of the International Arbitration Center if:
a) He/she is a Vietnamese citizen;
b) He/she has the full civil act capacity under the Civil Code;
c) He/she hold a bachelor’s degree or higher;
d) He/she is proficient in English at level 5 or higher in the foreign language proficiency framework used in Vietnam or its equivalent.
dd) He/she has at least 10 years of experience in dispute resolution through arbitration in investment and business, especially in finance and banking.
e) He/she has participated in issuance of at least 10 arbitral awards.
g) He/she is an arbitrator of an arbitration center established according to Vietnamese laws.
2. Both Vietnamese and foreign citizens may act as arbitrators of the International Arbitration Center. The International Arbitration Center sets the criteria for its arbitrators.
3. A person is not eligible to act as arbitrator if:
a) He/she is serving as judges, prosecutors, investigators, enforcement officers, or civil servants of the People’s Court, People’s Procuracy, or judgment enforcement agency;
b) He/she is the accused, defendant, person serving criminal sentences or has served the sentences but his/her criminal record has not yet remitted.
Article 8. Implementation clauses
1. This Circular comes into force from December 18, 2025.
2. Where legislative documents referenced in this Decree are replaced, amended, or supplemented, the replaced, amended, or supplemented documents shall apply.
Article 9. Responsibility for implementation
Ministers, heads of ministerial-level authorities, heads of Governmental authorities, the Chairperson of the People’s Committee of Ho Chi Minh City, the Chairperson of the People’s Committee of Da Nang City, relevant agencies and individuals shall comply with this Decree.
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PP. MINISTER Pham Minh Chinh |
