Law on Commercial Arbitration 2010 (Law No. 54/2010/QH12) (English summary)

• Full title: Law on Commercial Arbitration, No. 54/2010/QH12
• Issued by: the 12th National Assembly, 7th session, 17 June 2010 (signed by Chairman of the National Assembly Nguyen Phu Trong)
• In force from: 1 January 2011 (Clause 1, Article 81)
• Structure: 13 chapters, 82 articles
• Replaced: Ordinance on Commercial Arbitration No. 03/2003/PL-UBTVQH11 (Clause 2, Article 81)
• Amended by: Law No. 81/2025/QH15 of 24 June 2025 amending the Law on Organization of the People’s Courts, in force from 1 July 2025 (it changed Clause 3, Article 7)
• Consolidated text: No. 60/VBHN-VPQH of 15 August 2025, authenticated by the Office of the National Assembly (Le Quang Tung), published in Official Gazette Nos. 1095 and 1096 of 30 August 2025
• Related texts: Resolution 01/2014/NQ-HDTP of the Council of Judges of the Supreme People’s Court; Resolution 81/2025/UBTVQH15 (which courts hear set-aside and registration of ad hoc awards); the 2015 Civil Procedure Code (recognition of foreign awards); Law on Civil Judgment Enforcement No. 106/2025/QH15
• Status: in force. As of 4 October 2026 LexData has found no law replacing or amending it since Consolidated Text No. 60/VBHN-VPQH; check the Official Gazette again before relying on this.
• Official Vietnamese text: Official Gazette, Consolidated Text 60/VBHN-VPQH · Official Gazette, original Law 54/2010/QH12 · Government e-portal

Note: this page is LexData’s own unofficial English summary. It is not the full text of the Law or an official translation. Only the Vietnamese text has legal effect. The detail covers what businesses meet when they draft an arbitration clause, take part in a case, or seek to set aside or enforce an award; the articles on state management, licensing of arbitration centres and branches or representative offices of foreign arbitration bodies are only mentioned briefly. Article and clause numbers follow Consolidated Text 60/VBHN-VPQH. Check the official text before applying any point to a specific case.

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Scope and structure

The Law covers the jurisdiction of commercial arbitration, the forms of arbitration, arbitration institutions, arbitrators, arbitral procedure, the court’s role in supporting arbitration, foreign arbitration bodies operating in Vietnam and enforcement of awards (Article 1).

Chapter	Subject	Articles
I	General provisions	1-15
II	Arbitration agreement	16-19
III	Arbitrators	20-22
IV	Arbitration centres	23-29
V	Commencing a claim	30-38
VI	Arbitral tribunal	39-47
VII	Interim measures	48-53
VIII	Hearings	54-59
IX	Arbitral award	60-64
X	Enforcement of awards	65-67
XI	Setting aside an award	68-72
XII	Foreign arbitration bodies in Vietnam	73-79
XIII	Final provisions	80-82

The Law has no chapter on recognising foreign arbitral awards. That is governed by the Civil Procedure Code (see “Foreign arbitration” below).

Jurisdiction and principles (Articles 2, 4, 6 and 17)

Arbitration may resolve three groups of disputes (Article 2): disputes between parties arising from commercial activities; disputes in which at least one party carries on commercial activities; and other disputes that the law says may go to arbitration. The concept of commercial activity comes from the Commercial Law 2005 (Clause 1, Article 3): activity for profit, including sale of goods, provision of services, investment, trade promotion and other profit-making activity.

Commercial arbitration is a dispute resolution method that the parties agree on and that is conducted under this Law (Clause 1, Article 3). Article 4 sets five principles:

Principle	Content	Source
Party autonomy	Arbitrators respect the parties’ agreement unless it breaks a prohibition or is contrary to social ethics	Clause 1, Article 4
Independence	Arbitrators must be independent, objective and impartial and follow the law	Clause 2, Article 4
Equality	The parties have equal rights and obligations; the tribunal helps them exercise them	Clause 3, Article 4
Privacy	Proceedings are not public unless the parties agree otherwise	Clause 4, Article 4
Finality	The arbitral award is final	Clause 5, Article 4

Two rules concern the courts. If the parties have an arbitration agreement and one of them sues in court, the court must refuse to accept the case unless the agreement is void or cannot be performed (Article 6). In a dispute between a supplier and a consumer, even if the arbitration clause sits in the supplier’s standard terms, the consumer may still choose arbitration or the court, and the supplier may bring a claim in arbitration only with the consumer’s consent (Article 17).

Other general rules.

Topic	Rule	Source
Negotiation and mediation	The parties may negotiate at any time, or ask the tribunal to mediate	Articles 9 and 38
Language	No foreign element: Vietnamese, except where at least one party is a foreign-invested enterprise. Foreign element, or a foreign-invested enterprise as a party: the parties agree, failing which the tribunal decides	Article 10
Seat	The parties agree, failing which the tribunal decides; it may be inside or outside Vietnam. If the seat is in Vietnam, the award is treated as made in Vietnam	Clause 1, Article 11; Clause 8, Article 3
Waiver of objections	A party that knows of a breach of the Law or of the arbitration agreement, goes on with the case and does not object within the legal time limit loses the right to object before the tribunal or the court	Article 13
Governing law	No foreign element: Vietnamese law. Foreign element: the law the parties choose, otherwise the law the tribunal finds most appropriate; where there is no specific rule, international custom may be applied if it does not conflict with the basic principles of Vietnamese law	Article 14
Limitation period	2 years from the time the lawful right or interest was infringed, unless a sector law says otherwise. Time spent in arbitration and in set-aside proceedings does not count	Article 33; Clause 9, Article 71
Arbitration fees	Set by the centre (ad hoc: by the tribunal); the losing party pays unless the parties agree otherwise, the rules say otherwise or the tribunal allocates them differently	Clauses 2 and 3, Article 34

A dispute with a foreign element is one arising in a commercial or other legal relationship with a foreign element as defined in the Civil Code (Clause 4, Article 3; see the Civil Code 2015).

The arbitration agreement (Chapter II, Articles 5, 16, 18 and 19)

A dispute goes to arbitration only if the parties have an arbitration agreement, made before or after the dispute arises (Clause 1, Article 5). It may be a clause in a contract or a separate agreement (Clause 1, Article 16).

Topic	Rule	Source
Form	Must be in writing. Also treated as written: an exchange by telegram, fax, telex or email; an exchange of written information; an agreement recorded by a lawyer, notary or competent body at the parties’ request; a reference to a document containing an arbitration agreement such as a contract, a document of title or company charter; and an exchange of claim and defence in which one party asserts an agreement and the other does not deny it	Clause 2, Article 16
Invalidity	Dispute outside the tribunal’s jurisdiction (Article 2); signatory without authority; signatory without civil capacity; form not meeting Article 16; a party deceived, threatened or coerced who asks for a declaration of invalidity; breach of a legal prohibition	Article 18
Independence	The arbitration agreement is entirely independent of the contract; changing, extending or cancelling the contract, or the contract being void or impossible to perform, does not end the arbitration agreement	Article 19
Successors	Individual who dies or loses capacity: the agreement binds heirs or the legal representative. Organisation that ends, goes bankrupt, dissolves, merges, consolidates, splits or converts: the agreement binds the organisation taking over its rights and obligations. In both cases unless the parties agree otherwise	Clauses 2 and 3, Article 5
Defective clauses	Form of arbitration or the institution not stated or not identifiable: the parties must agree again, failing which the claimant’s choice applies. Chosen centre has ceased with no successor: choose another centre, failing which sue in court	Clauses 3 and 5, Article 43
Agreements made before 1 January 2011	Governed by the law in force when the agreement was made	Clause 3, Article 81

The tribunal must examine the validity of the arbitration agreement and its own jurisdiction before it looks at the merits (Clause 1, Article 43). If it stops the case because it lacks jurisdiction, or the agreement is void or cannot be performed, a party that disagrees has 5 working days from receiving the decision to ask the court to review it; the court’s decision is final, and the tribunal may carry on while the court reviews (Clauses 1, 4 and 5, Article 44).

Arbitrators (Chapter III, Articles 20, 21 and 42)

• Qualifications (Clause 1, Article 20): full civil capacity; a university degree and at least 5 years of practical work in the field studied; in special cases a highly qualified expert with extensive practical experience may be chosen even without the 5 years. Not eligible: serving judges, procurators, investigators, enforcement officers and officials of the courts, procuracies, investigating bodies and enforcement bodies; persons who are accused or defendants, serving a criminal sentence or not yet cleared of a conviction (Clause 2, Article 20). A centre may set higher standards (Clause 3, Article 20).
• Rights and duties (Article 21): accept or decline a case; act independently; be paid; keep the case confidential, except where information must be given to a competent state body; ensure the case is handled impartially, quickly and in good time; follow professional ethics.
• Replacement (Clause 1, Article 42): an arbitrator must decline, and the parties may ask for a replacement, where the arbitrator is a close relative or representative of a party; has an interest in the dispute; there are clear grounds to doubt impartiality; or has previously acted as mediator, representative or lawyer for a party before the dispute came to arbitration, unless the parties agree in writing. From the moment of selection or appointment the arbitrator must disclose in writing any circumstances that may affect objectivity or impartiality (Clause 2, Article 42).

Institutional and ad hoc arbitration (Chapter IV, Articles 40 and 41)

The Law provides for two forms. Institutional arbitration takes place at an arbitration centre under the Law and that centre’s rules; ad hoc arbitration takes place under the Law and procedures the parties agree (Clauses 6 and 7, Article 3).

Topic	Institutional (centre)	Ad hoc
Where the claim is filed	The arbitration centre	Sent directly to the respondent (Clause 1, Article 30)
Start of proceedings (unless the parties agree otherwise)	When the centre receives the claim	When the respondent receives the claim (Article 31)
Respondent’s arbitrator	30 days; if not chosen, the centre’s President appoints within 7 days (Clause 1, Article 40)	30 days; if not chosen, the claimant asks the court to appoint (Clause 1, Article 41)
Chair of the tribunal	The two arbitrators elect within 15 days; failing that, the centre’s President appoints within 7 days (Clause 3, Article 40)	The two arbitrators elect within 15 days; failing that, a party asks the court to appoint (Clause 3, Article 41)
Sole arbitrator not chosen within 30 days	The centre’s President appoints within 15 days of the request (Clause 4, Article 40)	The court appoints, unless the parties agreed to ask a centre (Clause 4, Article 41)
Award	Enforceable once the time for compliance has ended (Article 66)	Must be registered with the court before enforcement is requested (Article 62; Clause 2, Article 66)

The time limits in Articles 40 and 41 apply only if the parties have not agreed otherwise and the centre’s rules do not provide otherwise. A tribunal has one or more arbitrators as the parties agree; if they do not agree, it has three (Article 39).

An arbitration centre organises and coordinates institutional arbitration and gives arbitrators administrative support (Article 23). It is set up when at least five Vietnamese-citizen founders who qualify as arbitrators apply and the Minister of Justice issues an establishment licence (Clause 1, Article 24); it is a legal entity, non-profit, and may open branches and representative offices at home and abroad (Article 27). It adopts its own charter, procedural rules and list of arbitrators (Article 28).

Procedure (Chapters V to VIII)

Step	Rule	Source
Statement of claim	Date; names and addresses of the parties; summary of the dispute; basis and evidence; specific claims and the value in dispute; the claimant’s arbitrator or a request for appointment. Attach the arbitration agreement and relevant documents	Clauses 2 and 3, Article 30
Notice to respondent	Within 10 days of the centre receiving the claim, attachments and proof of the advance on fees	Article 32
Statement of defence	30 days from receiving the claim and attachments; in a centre case the centre may extend on the request of one or both parties, depending on the circumstances. If none is filed, the case goes on. A respondent who objects to jurisdiction must say so in the defence	Clauses 2, 4 and 5, Article 35
Counterclaim	Filed together with the defence; the claimant has 30 days to respond	Article 36
Withdrawal and amendment	A claim may be withdrawn before the award; the tribunal may refuse amendments that could be abused to cause difficulty or delay or that go beyond the arbitration agreement	Article 37
Evidence	The parties must supply evidence; the tribunal may order expert examination or valuation, consult experts and summon witnesses; if evidence cannot be obtained otherwise, it may ask the court to help (the court’s Chief Justice assigns a judge within 7 working days)	Articles 46 and 47
Notice of hearing	Sent at least 30 days before the hearing, unless the parties or the centre’s rules provide otherwise	Clause 2, Article 54
Hearing	Not public unless the parties agree otherwise; parties attend in person or by representative and may bring witnesses and advocates	Clauses 1 and 2, Article 55
Absence	Claimant absent without good reason: treated as withdrawing (the tribunal continues if the respondent has a counterclaim or asks it to). Respondent absent: the tribunal continues on the documents and evidence it has	Article 56
Postponement	Written request with reasons, at least 7 working days before the hearing; if late, the requesting party bears the resulting costs	Article 57
Mediation	On the parties’ request the tribunal mediates; a settlement is recorded in a decision that is final and has the same value as an award	Article 58

Interim measures (Chapter VII). A party may ask the tribunal or the court, unless the parties agree otherwise (Clause 1, Article 48); asking the court is not treated as rejecting the arbitration agreement (Clause 2, Article 48). The tribunal may order one or more of: freezing the status quo of disputed property; prohibiting or requiring specific acts; attaching disputed property; preserving, storing, selling or disposing of a party’s property; interim payment between the parties; prohibiting transfer of rights in disputed property (Clause 2, Article 49). It may require the applicant to provide financial security and decides within 3 working days of receiving the application, once the security is lodged (Clauses 3 and 4, Article 50). Enforcement follows the civil judgment enforcement law (Clause 5, Article 50). A party that has applied to the court cannot then apply to the tribunal, and the court must refuse a party that has applied to the tribunal, unless the request is outside the tribunal’s power (Clause 3, Article 49; Clause 5, Article 53). An applicant who is wrong and causes loss must pay compensation (Article 52).

The award (Chapter IX, Articles 60 to 64)

• The tribunal decides by majority vote; with no majority, the award follows the Chair’s view (Article 60).
• The award is in writing and contains the main items listed in Clause 1, Article 61: date and place; the parties; the arbitrators; a summary of the claim; the grounds (unless the parties agreed none are needed); the result; the time for compliance; allocation of costs; and the arbitrators’ signatures. An award remains valid if one arbitrator does not sign (Clause 2, Article 61).
• The award is made at the hearing or at the latest 30 days after the last hearing (Clause 3, Article 61). It is final and takes effect on the day it is issued (Clause 5, Article 61).
• Within 30 days of receiving the award, unless the parties agree another period, a party may ask the tribunal to correct clerical, numerical or calculation errors or to interpret a specific point (the tribunal responds within 30 days of the request), and may ask for an additional award on claims presented but omitted from the award (the tribunal has 45 days) (Article 63).
• Arbitration files are kept for 5 years from the award or the decision to terminate the case (Article 64).

Setting aside an award (Chapter XI, Articles 68 to 71)

The court considers setting aside an award on a party’s application (Clause 1, Article 68). The application must be filed within 30 days of receiving the award; time lost to force majeure does not count (Article 69). It must attach the award and the arbitration agreement (originals or certified copies), and foreign-language documents need a Vietnamese translation with a certified translation (Article 70).

Ground (Clause 2, Article 68)	Who must prove it (Clause 3, Article 68)
a) No arbitration agreement, or the agreement is void	The applicant
b) The tribunal’s composition or the procedure did not match the parties’ agreement or breached the Law	The applicant
c) The dispute was outside the tribunal’s jurisdiction; if only part of the award is outside jurisdiction, that part is set aside	The applicant
d) The evidence the award relied on was forged; an arbitrator took money, property or other material benefit from a party, affecting objectivity or fairness	The applicant
e) The award is contrary to the basic principles of Vietnamese law	The court itself verifies and gathers evidence

Which court. Under point g, Clause 2, Article 7, an application to set aside an award or to register an ad hoc award goes to the court of the place where the tribunal made the award, unless the parties chose a specific court (Clause 1, Article 7). Clause 3, Article 7, as amended by Clause 1, Article 2 of Law 81/2025/QH15 from 1 July 2025, provides that the other court-support matters (appointing or replacing arbitrators in ad hoc cases, complaints about the arbitration agreement or jurisdiction, collecting evidence, interim measures, summoning witnesses) go to the regional people’s court, while set-aside and registration of ad hoc awards go to certain provincial people’s courts, whose territorial scope the Standing Committee of the National Assembly sets.

Article 2 of Resolution 81/2025/UBTVQH15 (in force from 1 July 2025) assigns these matters to three courts: the People’s Court of Hanoi (18 provinces and cities), the People’s Court of Da Nang (7) and the People’s Court of Ho Chi Minh City (9). According to press reports, on 10 June 2026 the Standing Committee of the National Assembly passed Resolution 04/2026/UBTVQH16 amending parts of Resolution 81/2025/UBTVQH15. LexData has not read that resolution in full, so check the current territorial allocation before filing.

How the court decides (Article 71). The Chief Justice appoints a panel of three judges within 7 working days of accepting the application; the panel holds a hearing within 30 days of its appointment, with a procurator present (Clauses 2 and 3, Article 71). It decides on Article 68 and the attached documents and does not retry the merits (Clause 4, Article 71); on a party’s request it may suspend for no more than 60 days so the tribunal can cure procedural defects (Clause 7, Article 71). If the award is set aside, the parties may agree to arbitrate again or one may sue in court; if it is not set aside, the award is enforced (Clause 8, Article 71). The court’s decision is final and takes effect immediately (Clause 10, Article 71).

Enforcement of awards (Chapter X, Articles 8, 62 and 65 to 67)

• The State encourages voluntary compliance (Article 65).
• Once the time for compliance in the award has ended, if the losing party does not comply and has not applied to set the award aside, the winning party may apply to the civil judgment enforcement agency (Clause 1, Article 66). The award is enforced under the civil judgment enforcement law (Article 67).
• The competent agency is the provincial or city civil judgment enforcement agency of the place where the tribunal made the award; for interim measures, the agency of the place where the measure is to be applied (Article 8).
• An ad hoc award must be registered with the court of the place where the tribunal made it within 1 year of the award, before enforcement is requested (Clauses 1 and 2, Article 62; Clause 2, Article 66). Registering or not registering does not affect the content or legal value of the award (Clause 1, Article 62). The file comprises the award, the minutes of the hearing (if any) and the certified arbitration agreement (Clause 2, Article 62).
• Enforcement law. Law on Civil Judgment Enforcement No. 106/2025/QH15 took effect on 1 July 2026 and replaced Law No. 26/2008/QH12 (Clauses 1 and 3, Article 115). It lists arbitral awards and interim measures of an arbitral tribunal among the decisions it enforces (Clause 3, Article 2), assigns them to the provincial or city enforcement agency where the tribunal has its seat (point h, Clause 1, Article 32), and sets a 5-year limit for applying for enforcement (Clause 2, Article 34). The agency names used in Article 8 of the Arbitration Law should be read together with this newer law.

Foreign arbitration (Article 3, Chapter XII) and recognition of awards

• Definitions. Foreign arbitration is arbitration constituted under foreign arbitration law, chosen by the parties, resolving a dispute outside or inside Vietnam; an award of foreign arbitration is one made by such a body outside or inside Vietnam (Clauses 11 and 12, Article 3).
• Foreign arbitration bodies in Vietnam. A foreign body that is lawfully established and operating abroad and respects the Constitution and laws of Vietnam may operate in Vietnam as a branch or a representative office (Articles 73 and 74). A branch may carry out arbitration and provide arbitration and mediation services in the field stated in its licence (Clauses 7 and 13, Article 76). A representative office may not conduct arbitration in Vietnam and may only promote the body’s services (Clauses 7 and 8, Article 78). Establishment, registration and termination follow Vietnamese law, treaties and the Government’s detailed rules (Article 79).
• Recognition and enforcement of foreign awards are not in this Law. They are governed by the Civil Procedure Code No. 92/2015/QH13 (Consolidated Text 21/VBHN-VPQH, Official Gazette No. 134 of 28 February 2026). An award is considered for recognition where the State concerned and Vietnam are both parties to a treaty on recognition and enforcement of foreign arbitral awards, or on the basis of reciprocity (Clause 1, Article 424); foreign arbitration and foreign awards are defined by the Law on Commercial Arbitration (Clause 3, Article 424). An application must be filed within 3 years of the award becoming legally effective (Clause 1, Article 451); the grounds for refusal are in Article 459.
• 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards: according to the UNCITRAL status page, Vietnam acceded on 12 September 1995, with entry into force on 11 December 1995, and made three declarations: it applies the Convention only to awards made in the territory of another contracting State; for awards made in non-contracting States it applies reciprocity; and it applies the Convention only to relationships treated as commercial under Vietnamese law.

Final provisions (Articles 80 to 82)

• Arbitration centres set up before the Law took effect did not need to re-register but had to amend their charters and procedural rules within 12 months of the Law taking effect (Article 80).
• The Law took effect on 1 January 2011 and the 2003 Ordinance on Commercial Arbitration ceased to apply from that date (Clauses 1 and 2, Article 81).
• The Government, the Supreme People’s Court and the Supreme People’s Procuracy issue detailed rules and guidance within their remits (Article 82).

Implementing and related texts

Resolution 01/2014/NQ-HDTP of 20 March 2014 of the Council of Judges of the Supreme People’s Court, in force from 2 July 2014 (Article 19), guides several articles of the Law, including how to decide jurisdiction between arbitration and the court (Article 2), void arbitration agreements (Article 3), arbitration agreements that cannot be performed (Article 4), court jurisdiction over arbitration matters (Article 5), the arbitration agreement itself (Article 7) and forming an ad hoc tribunal (Article 8). It predates the 2015 Civil Procedure Code and the 2025 reorganisation of the courts, and some passages refer to the older rules, so read it together with current texts. The Government also has a decree on state management, registration of arbitration centres and foreign arbitration bodies; this page does not summarise it because LexData has not checked the current version against an official source.

Individual labour disputes handled by a labour arbitration council under the Labour Code 2019 (Article 187) are a separate mechanism from commercial arbitration under this Law. For disputes between investors with a foreign element, the Investment Law 2025 allows resolution in Vietnamese courts, Vietnamese arbitration, foreign arbitration, international arbitration or arbitration set up by the parties (Clause 3, Article 13).

Sources checked

LexData checked each article above against Consolidated Text 60/VBHN-VPQH (Official Gazette Nos. 1095 and 1096 of 30 August 2025), Resolution 01/2014/NQ-HDTP (Official Gazette Nos. 567 and 568 of 6 June 2014), Article 2 of Resolution 81/2025/UBTVQH15 (Official Gazette Nos. 915 and 916 of 17 July 2025), Law 106/2025/QH15 (Official Gazette No. 32 of 21 January 2026) and Articles 424, 451 and 459 of the Civil Procedure Code (Official Gazette No. 134 of 28 February 2026). The New York Convention details come from the UNCITRAL status page. Links:

• Consolidated Text 60/VBHN-VPQH, Official Gazette
• Law 54/2010/QH12 (original text), Official Gazette
• Resolution 01/2014/NQ-HDTP, Official Gazette
• Resolution 81/2025/UBTVQH15 (as issued), Official Gazette
• Law on Civil Judgment Enforcement 106/2025/QH15, Official Gazette
• Civil Procedure Code, Consolidated Text 21/VBHN-VPQH, Official Gazette
• New York Convention 1958: status of Viet Nam, UNCITRAL

See the handbook entries on commercial arbitration in Vietnam, framework agreements in Vietnam and what an MOU is in Vietnam, and the service on drafting and reviewing commercial contracts.