Context & Official Legal Basis
You have a signed contract with a Vietnamese partner. A payment is overdue, or a delivery never arrived. You want to resolve the dispute without entering a Vietnamese court system you do not understand, in a language you may not speak, under procedures that feel foreign. The Vietnam International Arbitration Centre (VIAC) was designed exactly for this situation — it offers a neutral, enforceable, and increasingly international forum for resolving commercial disputes. But the procedural rules are specific, the forms have mandatory fields, and one missing document can delay your case by weeks. This guide walks you through the entire process as of the current regulatory framework.
The legal framework rests on the following instruments:
- Law on Commercial Arbitration 2010 (Law No. 54/2010/QH12) — The core legislation governing commercial arbitration in Vietnam. It establishes the validity of arbitration agreements, the authority of arbitral tribunals, the enforcement of awards, and the role of courts in supporting arbitration. In 2025, Article 7.3 on court jurisdiction was amended, but the remainder of the LCA still governs arbitral proceedings in Vietnam.
- VIAC Rules of Arbitration 2026 — The fifth iteration of VIAC's procedural rules, in force as from 1 July 2026. These rules apply to all arbitral proceedings commenced on or after that date, unless the parties agree otherwise. Arbitral proceedings pending under the VIAC Rules 2017 continue to be governed by the 2017 rules. Vietnamese and English are the official languages of the 2026 Rules; in case of discrepancy, the Vietnamese and English versions prevail.
One of VIAC's key advantages for expats is that an arbitral award is final and effective from the date of announcement. Unlike court judgments, no review or recognition by a Vietnamese court is required for a domestic VIAC award to be enforceable. If the debtor does not comply and no set-aside application is filed within 30 days, the creditor can go directly to the civil judgment enforcement agency. This is a significant procedural shortcut compared to litigating in Vietnamese courts or enforcing a foreign arbitral award.
Required Documents Checklist for Filing a VIAC Arbitration
Under the VIAC Rules 2026 and the Law on Commercial Arbitration 2010, the following documents are required to commence arbitration:
- Request for Arbitration (Đơn khởi kiện) — The single most important document. Under the VIAC Rules, the claimant submits a single Request for Arbitration that addresses both substantive dispute matters and procedural requirements. This differs from institutions like SIAC, where a Notice of Arbitration and a Statement of Claim are separate documents.
- Arbitration agreement — The clause in your contract or a separate written agreement in which the parties agreed to submit the dispute to VIAC. The arbitration agreement must be in writing. It should be included or referenced in the Request for Arbitration.
- Contract or agreement at issue — The underlying commercial contract from which the dispute arises.
- Evidence supporting the claim — Documentary evidence, invoices, delivery receipts, correspondence, and any other materials that substantiate the factual background and the relief sought. All evidence submitted, especially evidence formed outside Vietnam (such as bills of lading, invoices, or letters from abroad), should be notarized and consular-legalized in advance. Vietnamese arbitral tribunals are strict about evidence formalities, and improperly legalized evidence may be rejected or the tribunal may decline to request court assistance to collect it.
- Proof of party legal status — Enterprise registration certificates, business licenses, or equivalent documents for both the claimant and the respondent.
- Power of Attorney — If the claimant is represented by legal counsel or an authorized representative, a Power of Attorney must be attached, with the reference number and date stated in the Request for Arbitration.
- Receipt of advance payment of costs — VIAC requires the claimant to pay the advance on costs within a time limit set by VIAC. If the claimant fails to pay the required costs within this period, the Request for Arbitration is deemed withdrawn and the arbitration will not proceed.
- Copies in sufficient number — The Request for Arbitration, including evidence, must be submitted in both electronic form and hardcopy form. The number of hardcopies should be sufficient to provide each party, each arbitrator, and the VIAC Secretariat with a copy.
Official Form Field-by-Field Breakdown (Request for Arbitration)
The Request for Arbitration is the central document that commences the arbitral proceedings. VIAC provides a recommended form. The key sections and fields are as follows:
| Section | Field | What to Enter |
|---|---|---|
| Parties to the Dispute | Claimant name | Full legal name of the claimant company |
| Claimant address | Registered address, including electronic mail address and other contact details | |
| Claimant representative | Name and Power of Attorney reference number if represented by counsel | |
| Respondent name and address | Full legal name and registered address of the respondent company | |
| Factual Background | Contract reference | Contract number, date, and subject matter — e.g., sale of goods or provision of services |
| Claimant's performance / non-performance | Specify how the claimant performed or failed to perform under the contract | |
| Respondent's performance / non-performance | Specify how the respondent performed or failed to perform, and the dispute that arose | |
| Legal Basis for Claims | Arbitration agreement | Reference the specific article or clause in the contract, and quote its content |
| Jurisdictional basis | Explain why VIAC has jurisdiction to resolve the dispute | |
| Value and Relief Sought | Total value in dispute | State the amount claimed in VND or another currency |
| Specific relief | List each remedy sought — e.g., payment of a specific sum, performance of an obligation, damages | |
| Supporting basis | Reference the legal and factual basis for each claim | |
| Miscellaneous | Arbitrator selection | Name the arbitrator nominated by the claimant, or request VIAC to appoint one |
| Language of arbitration | State the contractual provision or the claimant's proposed language | |
| Place of arbitration | State the contractual provision or the claimant's proposed place | |
| Applicable law | State the contractual provision or the claimant's proposed governing law |
Critical note: The Request for Arbitration must contain the full names, addresses, including electronic mail addresses, and other contact details of the parties, as well as a comment on the parties' nationalities. Under the VIAC Rules, the claimant must also nominate an arbitrator in the Request for Arbitration. If the claimant does not nominate an arbitrator, VIAC will appoint one.
Copyable Request for Arbitration Template
Below is a template based on the VIAC recommended form. Replace all bracketed placeholders with your actual information.
IN THE MATTER OF AN ARBITRATION AT
VIETNAM INTERNATIONAL ARBITRATION CENTRE (VIAC)
UNDER VIAC'S RULES OF ARBITRATIONbetween[CLAIMANT COMPANY NAME] — Claimantand -[RESPONDENT COMPANY NAME] — Respondent[Date: DD/MM/YYYY]REQUEST FOR ARBITRATIONI. PARTIES TO THE DISPUTEThe Claimant is [Claimant Company Name], with the following information:Address: [Claimant Address]Electronic mail: [Claimant Email]Telephone: [Claimant Phone]Representative: [Representative Name], in accordance with Power of Attorney No. [POA Number] dated [POA Date]The Respondent is [Respondent Company Name], with the following information:Address: [Respondent Address]Electronic mail: [Respondent Email]Telephone: [Respondent Phone]II. FACTUAL BACKGROUNDOn [Contract Date], the Claimant and the Respondent signed Contract No. [Contract Number] regarding [Subject Matter of Contract].According to the Contract, the Claimant is entitled/obliged to [Claimant's obligations], and the Respondent is entitled/obliged to [Respondent's obligations].In fact, the Claimant performed/failed to perform the Contract as follows: [Describe Claimant's performance or non-performance].The Respondent performed/failed to perform the Contract as follows: [Describe Respondent's performance or non-performance].As a result, a dispute has arisen between the Parties concerning [Specify the merits of the dispute].III. LEGAL BASIS FOR THE CLAIMANT'S CLAIMSIn Article [Article Number] on dispute settlement of the Contract, the Parties agreed as follows:"[Quote the arbitration clause verbatim]"Since a dispute has arisen between the Parties, pursuant to the above-mentioned provision, the Claimant submits this Request for Arbitration to VIAC.IV. VALUE IN DISPUTE AND RELIEF SOUGHTThe total value in dispute is: [Amount in VND or other currency].On the basis of the submissions in Section II above, the Claimant seeks the following relief:[Relief Item 1 — e.g., payment of VND [Amount] in outstanding invoices];[Relief Item 2 — e.g., payment of interest at [Rate] per annum from [Date] to the date of full payment];[Relief Item 3 — e.g., reimbursement of arbitration costs];[Additional relief items as applicable].V. MISCELLANEOUSThe Claimant selects Mr./Ms. [Arbitrator Name] to act as an Arbitrator. [OR: The Claimant requests VIAC to appoint an Arbitrator to resolve the dispute.]Mr./Ms. [Arbitrator Name] is an Arbitrator listed in VIAC's Arbitrator List.Regarding the language of arbitration, Article [Article Number] of the Contract provides that [Language]. [OR: The Claimant proposes that [Language] is the language of arbitration.]Regarding the place of arbitration, Article [Article Number] of the Contract provides that [Place]. [OR: The Claimant proposes that [Place] is the place of arbitration.]Regarding the applicable law, Article [Article Number] of the Contract provides that [Governing Law] law is applied to resolve the dispute. [OR: The Claimant proposes that [Governing Law] law is applied.]Respectfully,[Claimant Company Name][Signature and Seal][Representative Name][Title][Date]Copyable Arbitration Clause Template for Commercial Contracts
If you are drafting a contract and want to include a VIAC arbitration clause, use the following model clause. VIAC publishes recommended arbitration clauses for use in commercial contracts.
ARBITRATION CLAUSEAny dispute arising out of or in relation to this contract shall be resolved by arbitration at the Vietnam International Arbitration Centre (VIAC) in accordance with its Rules of Arbitration.The parties may further agree on:(a) The number of arbitrators shall be [one / three].(b) The place of arbitration shall be [City and/or Country].(c) The governing law of the contract shall be the substantive law of [Governing Law]. [Applicable only to disputes with a foreign element.](d) The language to be used in the arbitral proceedings shall be [Language]. [Applicable only to disputes with a foreign element or disputes where at least one party is a foreign-invested enterprise.]Note: The optional provisions (c) and (d) apply only to disputes with a foreign element, or to disputes where at least one party is a foreign-invested enterprise. If you are drafting a purely domestic contract between two Vietnamese companies, omit those provisions unless you have a specific reason to include them.
Official Submission Step-by-Step Procedure
Follow these steps in order. The arbitral proceedings commence on the date VIAC receives a valid Request for Arbitration and the advance on costs is paid.
- Step 1 — Prepare the Request for Arbitration. Use the template above or VIAC's recommended form. Include all required information: party details, factual background, legal basis, relief sought, value in dispute, and your arbitrator nomination. Ensure the arbitration agreement is quoted in full.
- Step 2 — Submit the Request for Arbitration to VIAC. Submit the Request, including evidence, in both electronic form and hardcopy form. The number of hardcopies should be sufficient to provide a copy to each party, each arbitrator, and the VIAC Secretariat. You can submit in person at VIAC's office or by post.
- Step 3 — Pay the advance on costs. After filing the Request for Arbitration, VIAC will set a time limit for the claimant to pay the advance on costs, calculated according to the Schedule of Costs in effect at the time of filing. If the claimant fails to pay within the time limit, the Request for Arbitration is deemed withdrawn and the arbitration will not proceed.
- Step 4 — VIAC notifies the respondent. Within 10 days of receiving the Request for Arbitration, VIAC issues a notice of commencement of arbitration to the respondent. The respondent then has an opportunity to submit a Statement of Defence.
- Step 5 — Respondent submits Statement of Defence. The respondent files a Statement of Defence responding to the claims. The respondent may also file a Counterclaim. The respondent nominates its own arbitrator if the tribunal comprises three arbitrators.
- Step 6 — Constitution of the Arbitral Tribunal. The tribunal is constituted according to the parties' agreement or, in the absence of agreement, according to the VIAC Rules. For a three-arbitrator tribunal, each party nominates one arbitrator, and the two party-nominated arbitrators select the chairperson. For a sole arbitrator, the parties may agree on the appointment or request VIAC to appoint one.
- Step 7 — Case transferred to the tribunal. Once the tribunal is constituted, VIAC transmits the case file to the tribunal. The tribunal then issues procedural orders establishing the timetable for written submissions, evidence exchange, and hearings.
- Step 8 — Written submissions and evidence exchange. The parties exchange written submissions and documentary evidence according to the timetable set by the tribunal. Witness statements may be filed with written submissions or prior to the hearing. The tribunal may decide the case solely on the documents submitted unless a party requests a hearing.
- Step 9 — Hearing (if requested). If a hearing is held, the parties present their arguments and evidence. After the final hearing is announced, the parties may not submit additional evidence unless the other party agrees or the tribunal permits it.
- Step 10 — Arbitral Award. The tribunal issues the arbitral award. The award is final and effective from the date of announcement. No review or recognition by a Vietnamese court is required for a domestic VIAC award to be enforceable.
- Step 11 — Enforcement. If the losing party does not comply and no set-aside application is filed within 30 days, the prevailing party can go directly to the civil judgment enforcement agency to enforce the award.
Submission location: VIAC Secretariat. VIAC has offices in Hanoi and Ho Chi Minh City. Applications can be submitted in person or by post.
Fees: Under Article 34 of the VIAC Rules, the costs of arbitration include: fees for the arbitrators' remuneration; VIAC's administrative costs related to resolving the dispute; travel, accommodation, and other related costs of the arbitrators; costs for other assistance as requested by the Arbitral Tribunal; and costs for appraisal, asset valuation, and expert consultation. Fees are calculated according to the Schedule of Costs in effect at the time the cost estimate is made. As a general reference point, for a dispute valued at approximately USD 50,000, VIAC costs are approximately 3–5% of the claim value. For a dispute valued at approximately USD 1,000,000, costs are approximately 1–2.5%. Because fee schedules are subject to update and are value-dependent, verify the exact amount with VIAC or your legal counsel before filing.
Common Mistakes & Rejection Warnings
- Failing to pay the advance on costs. The most common reason an arbitration never gets off the ground. If the claimant does not pay the required costs within the time limit set by VIAC, the Request for Arbitration is deemed withdrawn and the arbitration will not proceed. Do not file unless you are prepared to pay the advance promptly.
- Insufficient number of hardcopies. The Request for Arbitration and evidence must be submitted in sufficient hardcopy form to provide each party, each arbitrator, and the Secretariat with a copy. Under-providing copies will delay the processing of your case.
- Unlegalized foreign evidence. Evidence formed outside Vietnam — such as bills of lading, invoices, or letters from abroad — must be notarized and consular-legalized in advance. Vietnamese arbitral tribunals are strict about evidence formalities, and improperly legalized evidence may be rejected. The tribunal may also decline to request court assistance to collect evidence if the evidence does not meet formal requirements.
- Vague or contradictory arbitration clause. If your contract's arbitration clause is ambiguous, references multiple dispute resolution mechanisms, or fails to specify the arbitration institution, the respondent may challenge jurisdiction. The tribunal has the power to rule on its own jurisdiction, but a jurisdictional challenge will delay the proceedings.
- Missing Power of Attorney. If the claimant is represented by counsel or an authorized representative, the Power of Attorney must be attached and referenced in the Request for Arbitration. A missing or improperly executed Power of Attorney can cause the filing to be returned.
- Failing to nominate an arbitrator. The Request for Arbitration must include the name of the arbitrator nominated by the claimant. If the claimant does not nominate an arbitrator, VIAC will appoint one, but the claimant loses the opportunity to select a decision-maker with relevant expertise.
- Assuming all versions of the VIAC Rules are the same. The VIAC Rules 2026 entered into force on 1 July 2026 and apply to proceedings commenced on or after that date. If your contract was signed earlier, verify which version of the rules applies. Arbitral proceedings pending under the VIAC Rules 2017 continue to be governed by the 2017 rules.
- Submitting evidence after the final hearing. After the final hearing is announced, the parties may not submit additional evidence unless the other party agrees or the tribunal permits it. Failure to submit evidence in a timely manner can result in the evidence being excluded.
Frequently Asked Questions
What is the Vietnam International Arbitration Centre (VIAC)?
VIAC is Vietnam's leading arbitration institution, established at the Vietnam Chamber of Commerce and Industry. It administers domestic and international arbitrations under its Rules of Arbitration. VIAC has resolved thousands of disputes involving parties from 53 provinces and cities in Vietnam and 63 countries and territories worldwide.
Which version of the VIAC Rules applies to my dispute?
The VIAC Rules 2026 entered into force on 1 July 2026 and apply to arbitral proceedings commenced on or after that date, unless the parties agree otherwise. Arbitral proceedings pending before VIAC under the VIAC Rules 2017 continue to be governed by the 2017 rules. If your contract was signed before 1 July 2026, check whether the arbitration clause references a specific version of the rules.
How do I commence an arbitration at VIAC?
The arbitral proceedings are initiated by submitting a Request for Arbitration to the VIAC Secretariat. The Request must contain the full names, addresses, and contact details of the parties, a statement of the facts, the specific relief sought, the arbitration agreement, and the claimant's nomination of an arbitrator. The claimant must also pay the advance on costs within the time limit set by VIAC.
How long does it take for VIAC to notify the respondent after filing?
Within 10 days of receiving the Request for Arbitration, VIAC issues a notice of commencement of arbitration to the respondent. The respondent then has an opportunity to submit a Statement of Defence.
Is a VIAC arbitral award enforceable in Vietnam?
Yes. A VIAC arbitral award is final and effective from the date of announcement. No review or recognition by a Vietnamese court is required for a domestic VIAC award to be enforceable. If the debtor does not comply and no set-aside application is filed within 30 days, the creditor can go directly to the civil judgment enforcement agency to enforce the award.
What are the costs of VIAC arbitration?
Under Article 34 of the VIAC Rules, arbitration costs include arbitrator remuneration, VIAC administrative fees, arbitrator travel and related expenses, other assistance costs requested by the tribunal, and costs for appraisal, asset valuation, and expert consultation. Fees are calculated according to the Schedule of Costs in effect at the time of filing. As a general reference, for a dispute valued at approximately USD 50,000, costs are approximately 3–5% of the claim value. For a dispute valued at approximately USD 1,000,000, costs are approximately 1–2.5%. Because fee schedules are subject to update and depend on the value in dispute, verify the exact amount with VIAC or your legal counsel before filing.