Labor code 2019

GENERAL PROVISIONS

 Article 1: Scope
The Labor Code sets forth labor standards; rights, obligations and responsibilities of employees,
employers, internal representative organizations of employees, representative organizations of
employers in labor relations and other relations directly related to labor relations; and state
management of labor
 Article 2: Regulated entities
1. Employees, trainees, apprentices and other workers without labor relations.
2. Employers.
3. Foreign employees who work in Vietnam.
4. Other organizations and individuals directly related to labor relations.
 Article 3: Definitions
For the purposes of this document, the terms below shall be construed as follows:
1. “employee” means a person who works for an employee under an agreement, is paid,
managed and supervised by the employer.
The legal working age is 15, except for the cases specified in Section 1 Chapter XI of this Labor
Code.
2. “employer” means an enterprise, agency, organization, cooperative, household or individual
who employs other people under agreements. An employee that is an individual shall have full
legal capacity.
3. “representative organization of employees” means an internal organization voluntarily
established by employees of an employer which protects the employees’ legitimate rights and
interests in labor relations through collective bargaining or other methods prescribed by labor
laws. Representative organizations of employees include internal trade unions and internal
employee organizations.
4. Representative organization of employers means a lawfully established organization which
represents and protects the employers’ legitimate rights and interests in labor relations.
5. “labor relation” means a social relation which arises in respect of the employment and salary
payment between an employee and an employer, their representative organizations and
competent authorities. Labor relations include individual labor relation and collective labor
relation.
6. “worker without labor relations” means a person who works without an employment
contract.
7. “forced labor” means to the use force or threat to use force or a similar practice to force a
person to work against his/her will.
8. “labor discrimination” means discrimination on the grounds of race, skin color, nationality,
ethnicity, gender, age, pregnancy, marital status, religion, opinion, disability, family
responsibility, HIV infection, establishment of or participation in trade union or internal
employee organization in a manner that affects the equality of opportunity of employment.
Positive discrimination on the grounds of professional requirements, the sustainment and
employment protection for vulnerable employees will not be considered discrimination.
9. “sexual harassment” in the workplace means any sexual act of a person against another
person in the workplace against the latter’s will. “workplace” means the location when an
employee works under agreement or as assigned by the employer
 Article 4. State policies on labor
1. Guarantee the legitimate rights and interests of employees and workers without labor
relations; encourage agreements providing employees with conditions more favorable than
those provided by the labor laws.
 2. Guarantee the legitimate rights and interests of employers, to ensure lawful, democratic, fair
and civilized labor management, and to promote corporate social responsibility.
3. Facilitate job creation, self-employment and occupational training and learning to improve
employability; labor-intensive businesses; application of certain regulations in this Labor code to
workers without labor relations.
4. Adopt policies on the development and distribution of human resources; improve
productivity; provide basic and advanced occupational training, occupational skill development;
assist in sustainment and change of jobs; offer incentives for skilled employees in order to meet
the requirements of national industrialization and modernization.
5. Adopt policies on labor market development and diversify types of linkage between labor
supply and demand.
6. Promote dialogues, collective bargaining and establishment of harmonious, stable and
progressive labor relations between employees and employers.
7. Ensure gender equality; introduce labor and social policies aimed to protect female, disabled,
elderly and minor employees.
 Article 5. Rights and obligations of employees
1. An employee has the rights to:
a) work; freely choose an occupation, workplace or occupation; participate in basic and
advanced occupational training; develop professional skills; suffer no discrimination, forced
labor and sexual harassment in the workplace;
b) receive a salary commensurate with his/her occupational skills on the basis of an agreement
with the employer; be provided with personal protective equipment and work in an
occupationally safe and healthy environment; take statutory sick leaves, annual paid leaves and
receive collective welfare benefits;
c) establish, join a representative organization of employees, occupational associations and
other organizations in accordance with law; request and participate in dialogues with the
employer, implementation of democracy regulations and collective bargaining with the
employer; receive consultancy at the workplace to protect his/her legitimate rights and
interests; participate in management activities according to the employer’s regulations;
d) refuse to work if he/she finds that the work directly threatens his/her life or health;
dd) unilaterally terminate the employment contract;
e) go on strike;
g) exercise other rights prescribed by law.
2. An employee has the obligations to:
a) implement the employment contract, collective bargaining agreement and other lawful
agreements;
c) obey internal labor regulations, the lawful management, administration and supervision by
the employer;
c) implement regulations of laws on labor, employments, vocational education, social insurance,
health insurance, unemployment insurance, occupational safety and health.
 Article 6. Rights and obligations of employers
1. An employer has the rights to:
a) recruit, arrange and manage and supervise employees; give commendation and take actions
against violations of internal labor regulations;
b) establish, join and operate in employer representative organization, occupational associations
and other organizations in accordance with law;
c) request the representative organization of employees to negotiate the conclusion of the
collective bargaining agreement; participate in settlement of labor disputes and strikes; discuss
with the representative organization of employees about issues related to labor relations and
improvement of the material and spiritual lives of employees;
 d) temporarily close the workplace;
dd) exercise other rights prescribed by law.
2. An employer has the obligations to:
a) implement the employment contracts, collective bargaining agreement and other lawful
agreements with employees; respect the honor and dignity of employees;
b) establish a mechanism for and hold dialogue with the employees and the representative
organization of employees; implement the regulations on grassroots-level democracy;
c) Provide basic training and advanced training in order to help employees improve their
professional skills or change their occupations;
d) implement regulations of laws on labor, employments, vocational education, social insurance,
health insurance, unemployment insurance, occupational safety and health; develop and
implement solutions against sexual harassment in the workplace;
dd) Participate in development of the national occupational standards, assessment and
recognition of employees’ professional skills.
 Article 7. Development of labor relations
1. Labor relations are established through dialogue and negotiation on principles of
voluntariness, good faith, equality, cooperation and mutual respect of each other’s the lawful
rights and interests.
2. Employers, employer representative organizations, employees and representative
organizations of employees shall develop progressive, harmonious and stable labor relations
with the assistance of competent authorities.
3. The trade union shall cooperate with competent authorities in assisting the development of
progressive, harmonious and stable labor relations; supervising implementation of labor laws;
protecting the legitimate rights and interests of employees.
4. Vietnam Chamber of Commerce and Industry, Vietnam Cooperative Association and other
employer representative organizations that are lawfully established shall represent, protect the
lawful rights and interests of employers, and participate in development of progressive,
harmonious and stable labor relations.
 Article 8. Forbidden actions
1. Labor discrimination.
2. Maltreatment of employees, forced labor.
3. Sexual harassment in the workplace.
4. Taking advantage of occupational training or apprenticeships to exploit the trainees or
apprentices, or persuade or force them to act against the law.
5. Employing untrained people or people without occupational training certificates to do the
jobs or works that have to be done by trained workers or holders of occupational training
certificates.
6. Persuading, inciting, promising advertising or otherwise tricking employees into human
trafficking, exploitation of labor or forced labor; taking advantage of employment brokerage or
guest worker program to commit violations against the law.
7. Illegal employment of minors.

EMPLOYMENT CONTRACT

Section 1. CONCLUSION OF AN EMPLOYMENT CONTRACT

 Article 13. Employment contract

1. An employment contract is an agreement between an employee and an employer on a paid
job, salary, working conditions, and the rights and obligations of each party in the labor
relations.
 A document with a different name is also considered an employment contract if it contains the
agreement on the paid job, salary, management and supervision of a party.
2. Before recruiting an employee, the employer shall enter into an employment contract with
such employee.
 Article 14. Forms of employment contract
1. An employment contract shall be concluded in writing and made into two copies, one of
which will be kept by the employee, the other by the employer, except for the case specified in
Clause 2 of this Article.
An employment contract in the form of electronic data conformable with electronic transaction
laws shall have the same value as that of a physical contract.
2. Both parties may conclude an oral contract with a term of less than 01 month, except for the
cases specified in Clause 2 Article 18, Point a Clause 1 Article 145 and Clause 1 Article 162 of this
Labor Code.
 Article 15. Principles for conclusion of an employment contract
1. Voluntariness, equality, good faith, cooperation and honesty.
2. Freedom to enter into an employment contract which is not contrary to the law, the
collective bargaining agreement and social ethics
 Article 16. Obligations to provide information before conclusion of an employment contract
1. The employer shall provide the employee with truthful information about the job, workplace,
working conditions, working hours, rest periods, occupational safety and health, wage, forms of
wage payment, social insurance, health insurance, unemployment insurance, regulations on
business secret, technological know-how, and other issues directly related to the conclusion of
the employment contract if requested by the employee.
2. The employee shall provide the employer with truthful information about his/her full name,
date of birth, gender, residence, educational level, occupational skills and qualifications, health
conditions and other issues directly related to the conclusion of the employment contract which
are requested by the employer.
 Article 17. Prohibited acts by employers during conclusion and performance of employment
contracts
1. Keeping the employee’s original identity documents, diplomas and certificates.
2. Requesting the employee to make a deposit in cash or property as security for his/her
performance of the employment contract.
3. Forcing the employee to keep performing the employment contract to pay debt to the
employer
 Article 18. Competence to conclude employment contracts
1. Employees may directly conclude their employment contracts, except for the cases specified
in Clause 2 of this Article.
2. In respect of seasonal works or certain jobs which have a duration of less than 12 months, a
group of employees aged 18 or older may authorized the representative of the group to
conclude the employment contract, in which case such employment contract shall be effective
as if it was separately concluded by each of the employees.
The employment contract concluded by the said representative must be enclosed with a list
clearly stating the full names, ages, genders, residences and signatures of all employees
concerned.
3. The person who concludes the employment contract on the employer’s side shall be:
a) The legal representative of the enterprise or an authorized person as prescribed by law;
b) The head of the organization that is a juridical person, or an authorized person as prescribed
by law;
c) The representative of the household, articles or an organization that is not a juridical person,
or an authorized person as prescribed by law;
 d) The individual who directly hires the employee.
4. The person who concludes the employment contract on the employee’s side shall be:
a) The employee himself/herself if he/she is 18 or older;
b) The employee aged 15 to under 18 with a written consensus by his/her legal representative;
c) The employee aged under 15 and his/her legal representative;
d) The employee lawfully authorized by the group of employees to conclude the employment
contract.
5. The person who is authorized to conclude the employment contract must not authorize
another person to conclude the employment contract
 Article 19. Entering into multiple employment contracts
1. An employee may enter into employment contracts with more than one employer, provided
that he/she fully performs all terms and conditions contained in the concluded contracts.
2. Where an employee enters into employment contracts with more than one employer, his/her
participation in social insurance, health insurance and unemployment insurance schemes shall
comply with regulations of law on social insurance, health insurance, unemployment insurance,
occupational safety and health.
 Article 20. Types of employment contracts
1. An employment contract shall be concluded in one of the following types:
a) An indefinite-term employment contract is a contract in which the two parties neither fix the
term nor the time of termination of the contract;
b) A fixed-term employment contract is a contract in which the two parties fix the term of the
contract for a duration of up to 36 months from the date of its conclusion.
2. If an employee keeps working when an employment contract mentioned in Point b Clause 1
of this Article expires:
a) Within 30 days from the expiration date of the employment contract, both parties shall
conclude a new employment contract. Before such a new employment contract is concluded,
the parties’ rights, obligations and interests specified in the old employment contract shall
remain effective;
b) If a new employment contract is not concluded after the 30-day period, the existing
employment contract mentioned in Point b Clause 1 of this Article shall become an employment
contract of indefinite term;
c) The parties may enter into 01 more fixed-term employment contract. If the employee keeps
working upon expiration of this second fixed-term employment contract, the third employment
contract shall be of indefinite term, except for employment contracts with directors of state-
invested enterprises and the cases specified in Clause 1 Article 149, Clause 2 Article 151 and
Clause 4 Article 177 of this Labor Code
 Article 21. Contents of employment contracts
1. An employment contract shall have the following major contents:
a) The employer’s name, address; full name and position of the person who concludes the
contract on the employer’s side;
b) Full name, date of birth, gender, residence, identity card number or passport number of the
person who concludes the contract on the employee’s side;
c) The job and workplace;
d) Duration of the employment contract;
dd) Job- or position-based salary, form of salary payment, due date for payment of salary,
allowances and other additional payments;
e) Regimes for promotion and pay rise;
g) Working hours, rest periods;
h) Personal protective equipment for the employee;
i) Social insurance, health insurance and unemployment insurance;
 k) Basic training and advanced training, occupational skill development.
2. If the employees’ job is directly related to the business secret, technological know-how as
prescribed by law, the employer has the rights to sign a written agreement with the employee
on the content and duration of the protection of the business secret, technology know-how, and
on the benefit and the compensation obligation in case of violation by the employee.
3. If the employee works in agriculture, forestry, fishery, or salt production, both parties may
exclude some of the aforementioned contents and negotiate additional agreements on
settlement in the case when the contract execution is affected by natural disaster, fire or
weather.
4. The contents of the employment contract with an employee who is recruited to work as the
director of a state-invested enterprise shall be stipulated by the Government.
5. The Minister of Labor, War Invalids and Social Affairs elaborate Clauses 1, 2 and 3 of this
Article.
 Article 22. Annexes to employment contract
1. An annex to an employment contract is an integral part of the employment contract and is as
binding as the employment contract.
2. An annex to an employment contract may elaborate or amend certain contents of the
employment contract and must not change the duration of the employment contract.
Where an annex to an employment contract elaborates the employment contract in a manner
that leads to a different interpretation of the employment contract, the contents of the
employment contract shall prevail.
Where an annex amends certain contents of the employment contract, it should clearly state
the amendments or additions, and the date on which they take effect
 Article 23. Effect of employment contract
An employment contract takes effect as of the date on which the contract is concluded by the
parties, unless otherwise agreed by both parties or prescribed by law.
 Article 24. Probation
1. An employer and an employee may include the contents of the probation in the employment
contract or enter into a separate probation contract.
2. The probation contract must include the probation period and the contents specified in Points
a, b, c, dd, g and h Clause 1 Article 21 of this Code.
3. Probation is not allowed if the employee works under an employment contract with a
duration of less than 01 month
 Article 25. Probationary period
The probationary period shall be negotiated by the parties on the basis of the nature and
complexity of the job. Only one probationary period is allowed for a job and the probation shall
not exceed:
1. 180 days for the position of enterprise executive prescribed by the Law on Enterprises, the
Law on management and use of state investment in enterprises;
2. 60 days for positions that require a junior college degree or above;
3. 30 days for positions that require a secondary vocational certificate, professional secondary
school; positions of or for technicians, and skilled employees;
4. 06 working days for other jobs
 Article 26. Probationary salary
The probationary salary shall be negotiated by both parties and shall not be lower than 85% of
the offered salary
 Article 27. Termination of probationary period
1. Upon the expiry of the probationary period, the employer shall inform the employee of the
probation result.
 If the result is satisfactory, the employer shall keep implementing the concluded employment
contract, if there is one, or conclude the employment contract.
If the result is not satisfactory, the employer may terminate the concluded employment
contract or the probation contract.
2. During the probationary period, either party has the right to terminate the concluded
probation contract or employment contract without prior notice and compensation obligation.

Section 2. PERFORMANCE OF EMPLOYMENT CONTRACT

 Article 28. Performance of works under an employment contract

The works under an employment contract shall be performed by the employee who directly
enters into the contract. The workplace shall be consistent with that indicated in the
employment contract, unless otherwise agreed upon by both parties
 Article 29. Reassignment of an employee against the employment contract
1. In the event of sudden difficulties such as natural disasters, fire, major epidemics,
implementation of preventive and remedial measures for occupational accidents or diseases,
electricity and water supply failures, or for reasons of business and production demands, the
employer may temporarily assign an employee to perform a work which is not prescribed in the
employment contract for an accumulated period of up to 60 working days within 01 year, unless
otherwise agreed in writing by the employee.
The employer shall specify in the internal labor regulations the cases in which the employer may
temporary reassign employees against the employment contracts.
2. In case of temporarily reassignment of an employee specified in Clause 1 of this Article, the
employer shall inform the employee at least 03 working days in advance, specify the
reassignment period and only assign works that are suitable for the employee’s health and
gender.
3. The reassigned employee will receive the salary of the new work. If the new salary is lower
than the previous salary, the previous salary shall be maintained for 30 working days. The new
salary shall be at least 85% of the previous salary and not smaller than the minimum wages.
4. In case the employee refuses to be reassigned for more than 60 working days in 01 year and
has to suspend the employment, he/she shall receive the suspension pay from the employer in
accordance with Article 99 of this Labor Code
 Article 30. Suspension of an employment contract
1. Cases of suspension of an employment contract:
a) The employee is conscripted into the army or militia;
b) The employee is held in custody or detention in accordance with the criminal procedure law;
c) The employee is sent to a reformatory school, drug rehabilitation center or correctional
facility;
d) The female employee is pregnant as specified in Article 138 of this Code;
dd) The employee is designated as the executive of a wholly state-owned single-member limited
liability company;
e) The employee is authorized to representative the state investment in another enterprise;
g) The employee is authorized to represent the enterprise’s investment in another enterprise;
h) Other circumstances as agreed by both parties.
2. During the suspension of the employment contract, the employee shall not receive the salary
and benefits specified in the employment contract, unless otherwise agreed by both parties or
prescribed by law.
 Article 31 Reinstatement of employees upon expiry of the temporary suspension of the
employment contract
Within 15 days from the expiry of the suspension period of the employment contract, the
employee shall be present at the workplace and the employer shall reinstate the employee
 under the employment contract if it is still unexpired, unless otherwise agreed by both parties
or prescribed by law
 Article 32. Part-time employments
1. A part-time employee is an employee who works for less than the usual daily, weekly or
monthly working hours as prescribed by labor laws, the collective bargaining agreement internal
labor regulations.
2. An employee may negotiate part-time employment with the employer when enter into an
employment contract.
3. The part-time employee shall be entitled to receive salary, equal rights and obligations as a
full-time employee; equal opportunity and treatment, and to a safe and hygienic working
environment.
 Article 33. Revisions to employment contracts
1. During the performance of an employment contract, any party who wishes to revise the
employment contract shall notify the other party of the revisions at least 03 working days in
advance.
2. In case where an agreement is reached between the parties, the revisions shall be made by
signing an annex to the employment contract or signing a new employment contract.
3. In case the two parties fail to reach an agreement on the revisions, they shall continue to
perform the existing employment contract.

Section 3. TERMINATION OF EMPLOYMENT CONTRACTS

 Article 34. Cases of termination of an employment contract
1. The employment contract expires, except for the case specified in Clause 4 Article 177 of this
Code.
2. The tasks stated in the employment contract have been completed.
3. Both parties agree to terminate the employment contract.
4. The employee is sentenced to imprisonment without being eligible for suspension or release
as prescribed in Clause 5 Article 328 of the Criminal Procedure Code, capital punishment or is
prohibited from performing the work stated in the employment contract by an effective verdict
or judgment of the court.
5. The foreign employee working in Vietnam is expelled by an effective verdict or judgment of
the court or a decision of a competent authority.
6. The employee dies; is declared by the court as a legally incapacitated person, missing or dead.
7. The employer that is a natural person dies; is declared by the court as a legally incapacitated
person, missing or dead. The employer that is not a natural person ceases to operate, or a
business registration authority affiliated to the People’s Committee of the province (hereinafter
referred to as “provincial business registration authority”) issues a notice that the employer
does not have a legal representative or a person authorized to exercise the legal
representative’s rights and obligations.
8. The employee is dismissed for disciplinary reasons.
9. The employee unilaterally terminates the employment contract in accordance with Article 35
of this Code.
10. The employer unilaterally terminates the employment contract in accordance with Article 36
of this Code.
11. The employer allows the employee to resigns in accordance with Article 42 and Article 43 of
this Code.
12. The work permit or a foreign employee expires according to Article 156 of this Labor Code.
13. The employee fails to perform his/her tasks during the probationary period under the
employment contract or gives up the probation
 Article 35. The right of an employee to unilaterally terminates the employment contract
 1. An employee shall have the right to unilaterally terminate the employment contract, provided
he/she notices the employee in advance:
a) at least 45 days in case of an indefinite-term employment contract;
b) at least 30 days in case of an employment contract with a fixed term of 12 – 36 months;
c) at least 03 working days in case of an employment contract with a fixed term of under 12
months;
d) The notice period in certain fields and jobs shall be specified by the government.
2. An employee is shall have the right to unilaterally terminate the employment contract
without prior notice if he/she:
a) is not assigned to the work or workplace or not provided with the working conditions as
agreed in the employment contract, except for the cases specified in Article 29 of this Labor
Code;
b) is not paid adequately or on schedule, except for the case specified in Clause 4 Article 97 of
this Code.
c) is maltreated, assaulted, physically or verbally insulted by the employer in a manner that
affects the employee’s health, dignity or honor; is forced to work against his/her will;
d) is sexually harassed in the workplace;
dd) is pregnant and has to stop working in accordance with Clause 1 Article 138 of this Labor
Code.
e) reaches the retirement age specified in Article 169 of this Labor Code, unless otherwise
agreed by the parties; or
g) finds that the employer fails to provide truthful information in accordance with Clause 1
Article 16 of this Labor Code in a manner that affects the performance of the employment
contract.
 Article 36. The right of an employer to unilaterally terminates the employment contract
1. An employer shall have the right to unilaterally terminate an employment contract in one of
the following circumstances:
a) The employee repeatedly fails to perform his/her work according to the criteria for
assessment of employees’ fulfillment of duties established by the employer. The criteria for
assessment of employees’ fulfillment of duties shall be established by the employer with
consideration taken of opinions offered by the representative organization of employees (if
any);
b) The employee is sick or has an accident and remains unable to work after having received
treatment for a period of 12 consecutive months in the case of an indefinite-term employment
contract, for 06 consecutive months in the case of an employment contract with a fixed term of
12 – 36 months, or more than half the duration of the contract in case of an employment
contract with a fixed term of less than 12 months.
Upon recovery, the employer may consider concluding another employment contract with the
employee;
c) In the event of a natural disaster, fire, major epidemic, hostility, relocation or downsizing
requested by a competent authority, the employer has to lay off employees after all possibilities
have been exhausted;
d) The employee is not present at the workplace after the time limit specified in Article 31 of this
Labor Code;
dd) The employee reaches the retirement age specified in Article 169 of this Labor Code, unless
otherwise agreed by the parties;
e) The employee quits his/her fails to go to work without acceptable excuses for at least 05
consecutive working days;
 g) The employee fails to provide truthful information during the conclusion of the employment
contract in accordance with Clause 2 Article 16 of this Labor Code in a manner that affects the
recruitment.
2. When unilaterally terminating the employment contract in any of the cases specified in Point
a, b, c, dd and g Clause 1 of this Article, the employer shall inform the employer in advance:
a) at least 45 days in case of an indefinite-term employment contract;
b) at least 30 days in case of an employment contract with a fixed term of 12 – 36 months;
c) at least 03 working days in the case of an employment contract with a fixed term of less than
12 months and in the cases stipulated in Point b Clause 1 of this Article;
d) The notice period in certain fields and jobs shall be specified by the government.
3. When unilaterally terminating the employment contract in the cases mentioned in Point d
and Point e Clause 1 of this Article, the employer is not required to inform the employee in
advance.
 Article 37. Cases in which an employer is prohibited from unilaterally terminating an
employment contract
1. The employee is suffering from an illness or work accident, occupational disease and is being
treated or nursed under the decision of a competent health institution, except for the cases
stipulated in Point b Clause 1 Article 36 of this Labor Code.
2. The employee is on annual leave, personal leave, or any other types of leave permitted by the
employer.
3. The employee is pregnant, on maternal leave or raising a child under 12 months of age.
 Article 38. Withdrawal of unilateral termination of employment contracts
Either party may withdraw the unilateral termination of an employment contract at any time
prior to the expiry of the notice period by a written notification, provided that the withdrawal is
agreed by the other party
 Article 39. Illegal unilateral termination of employment contracts
The unilateral termination of an employment contract will be illegal if it does not comply with
regulations of Article 35, 36 and 37 of this Labor Code
 Article 40. Illegal unilateral termination of the employment contract insurance the employee
The employee who illegally unilaterally terminates his/her employment contract shall:
1. Not receive the severance allowance.
2. Pay the employer a compensation that is worth his/her half a month’s salary plus (+) an
amount equal to his/her salary for the remaining notice period from the termination date.
3. The employee shall reimburse the employer with the training costs in accordance with Article
62 of this Code
 Article 41. Illegal unilateral termination of the employment contract by the employer
1. The employer that illegally unilaterally terminates an employment contract with an employee
shall reinstate the employee in accordance with the original employment contract, and pay the
salary, social insurance, health insurance and unemployment insurance premiums for the period
during which the employee was not allowed to work, plus at least 02 months’ salary specified in
the employment contract.
After the reinstatement, the employee must return the severance allowance or redundancy
allowance (if any) to the employer.
Where there is no longer a vacancy for the position or work as agreed in the employment
contract and the employee still wishes to work, the employer shall negotiate revisions to the
employment contract.
Where the employer fails to comply with the provisions on notice period in Clause 2 Article 36 of
this Labor Code, the employer shall pay a compensation that is worth the employee’s salary for
the remaining notice period from the termination date.
 2. In case the employee does not wish to return to work, in addition to the compensation
prescribed in Clause 1 of this Article, the employer shall pay a severance allowance in
accordance with Article 46 of this Code in order to terminate the employment contract.
3. Where the employer does not wish to reinstate the employee and the employee agrees, in
addition to the compensation mentioned in Clause 1 of this Article and the severance allowance
mentioned in Article 46 of this Labor Code, both parties shall negotiate an additional
compensation which shall be at least 2 months’ salary under the employment contract in order
to terminate the employment contract.
 Article 42. Obligations of the employer in case of changes in structure, technology or changes
due to economic reasons
1. Changes in structure and technology include:
a) Changes in the organizational structure, personnel rearrangement;
b) Changes in processes, technology, equipment associated with the employer’s business lines;
c) Changes in products or product structure.
2. Changes due to economic reasons include:
a) Economic crisis or economic depression;
b) Changes in law and state policies upon restructuring of the economy or implementation of
international commitments.
3. If the change affects the employment of a large number of employees, the employer shall
develop and implement a labor utilization plan prescribed in Article 44 of this Labor Code. In
case of new vacancies, priority shall be given to retraining of the existing employees for
continued employment.
4. If a change due to economic reasons threatens to cause a large number of employees to lose
their jobs, the employer shall develop and implement a labor utilization plan as prescribed in
Article 44 of this Code.
5. In case the employer is unable to create provide employment and has to resort to dismissing
employees, the employer shall pay them redundancy allowances in accordance with Article 47
of this Labor Code.
6. The dismissal of employees in the cases mentioned in this Article shall only be implemented
after a discussion with the representative organization of employees (if any) and after giving
prior notice of 30 days to the People’s Committee of the province and the employees.
 Article 43. Obligations of the employer in case of full division, partial division, consolidation,
merger of the enterprise; sale, lease, conversion of the enterprise; transfer of the right to
ownership or right to enjoyment of assets of the enterprise or cooperative
1. In case the full division, partial division, consolidation, merger of the enterprise; sale, lease,
conversion of the enterprise; transfer of the right to ownership or right to enjoyment of assets
of the enterprise or cooperative affects the employment of a large number of employees, the
employer shall develop a labor utilization plan as prescribed in Article 44 of this Labor Code.
2. The current employer and the next employer shall implement the adopted labour utilization
plan.
3. The laid off employees will receive redundancy allowances in accordance with Article 47 of
this Code
 Article 44. Labor utilization plan
1. A labor utilization plan shall have the following contents:
a) The names and number of employees to be retained, employees to be retrained for further
employment, and employees to be working on part-time basis;
b) The names and number of employees to retire;
c) The names and number of employees whose employment contracts have to be terminated;
d) Rights and obligations of the employer, employee and relevant parties regarding
implementation of the labor utilization plan;
 dd) The measure and financial sources to implement the plan.
2. During development of the labor utilization plan, the employer shall discuss with the
representative organization of employees (if any). The labor utilization plan shall be made
available to the employees within 15 days from the day on which it is adopted
 Article 45. Noticing termination of employment contracts
1. The employer shall send a written notice to the employee of the termination of his/her
employment contract, except for the cases specified in Clauses 4, 5, 6, 7, 8 Article 34 of this
Labor Code.
2. In case an employer that is not a natural person shuts down business operation, the date of
termination of the employment contract is the same date of the notice of business shutdown.
In case the provincial business registration authority issues a notice that the employer does not
have a legal representative or a person authorized to exercise the legal representative’s rights
and obligations according to Clause 7 Article 34 of this Labor Code, the date of termination of
the employment contract is the same date of the notice
 Article 46. Severance allowance
1. In case an employment contract is terminated as prescribed in Clauses 1, 2, 3, 4, 6, 7, 9 and
10, Article 34 of this Code, the employer is responsible for paying severance allowance to the
employee who has worked on a regular basis for a period of at least 12 months. Each year of
work will be worth half a month’s salary, except for the cases in which the employee is entitled
to receive retirement pension as prescribed by social insurance laws, and the cases specified in
Point e Clause 1 Article 36 of this Labor Code.
2. The qualified period of work as the basis for calculation of severance allowance shall be the
total period during which the employee actually worked for the employer minus the period over
which the employee participated in the unemployment insurance in accordance with
unemployment insurance laws and the period for which severance allowance or redundancy
allowance has been paid by the employer.
3. The salary as the basis for calculation of severance allowance shall be the average salary of
the last 06 months under the employment contract before the termination.
4. The Government shall elaborate this Article
 Article 47. Redundancy allowance
1. Where an employment contract is terminated according to Clause 11 Article 34 of this Labor
Code and the employee has worked on a regular basis for the employer for at least 12 months,
the employer shall pay a redundancy allowance to the employee. Each year of work will be
worth 01 month’s salary and the total redundancy allowance shall not be smaller than 02
month’s salary.
2. The qualified period of work as the basis for calculation of redundancy allowance shall be the
total period during which the employee actually worked for the employer minus the period over
which the employee participated in the unemployment insurance in accordance with
unemployment insurance laws and the period for which severance allowance or redundancy
allowance has been paid by the employer.
3. The salary as the basis for the calculation of redundancy allowance shall be the average salary
of the last 06 months under the employment contract before the termination.
4. The Government shall elaborate this Article.
 Article 48. Responsibilities of the parties upon termination of an employment contract
1. Within 14 working days following the termination of an employment contract, both parties
shall settle all payments in respect of the rights and interests of each party. In the following
cases, such period may be extended, but shall not exceed 30 days:
a) Shutdown of business operation of the employer that is not a natural person;
b) Changes in the organizational structure, technology or changes due to economic reasons;
 c) Full division, partial division, consolidation, merger of the enterprise; sale, lease, conversion of
the enterprise; transfer of the right to ownership or right to enjoyment of assets of the
enterprise or cooperative;
d) Natural disasters, fire, hostility or major epidemics.
2. Priority shall be given to payment of the employees’ salaries, social insurance, health
insurance, unemployment insurance, severance allowance and other benefits under the
collective bargaining agreement and employment contracts in case of shutdown, dissolution or
bankruptcy of an enterprise or cooperative.
3. The employer has the responsibility to:
a) Complete the procedures for verification of duration of participation in social insurance and
unemployment insurance, return them and original copies of the employee’s other documents
(if any);
b) Provide copies of the documents relevant to the employee’s work if requested by the
employee. The employer shall pay the cost of copying and sending the documents.

Section 4. INVALID EMPLOYMENT CONTRACT

 Article 49. Invalid employment contracts
1. An employment contract shall be completely invalid in the following cases:
a) The entire contents of the employment contract are illegal;
b) A person concludes the employment contract ultra vires or against the rules for employment
contract conclusion specified in Clause 1 Article 15 of this Labor Code;
c) The work described in the employment contract is prohibited by law;
2. An employment contract shall be partially invalid when part of its contents is illegal but does
not affect its remaining contents
 Article 50. Competence to invalidate employment contracts
People’s Courts shall be entitled to invalidate employment contracts
 Article 51. Settlements upon invalidation of an employment contract
1. Where an employment contract is declared as partially invalid, it shall be dealt with as
follows:
a) The rights, obligations and benefits of the parties shall be settled in accordance with the
collective bargaining agreement (or provisions of the law if there is no collective bargaining
agreement);
b) The parties shall revise the invalidated part of the employment contract in accordance with
the collective bargaining agreement or labor laws.
2. In case an employment contract is completely invalidated, the rights, obligations and interests
of the employee shall be settled in accordance with law. In case an employment contract is
concluded ultra vires, another contract shall be concluded.
3. The Government shall elaborate this Article

CHAP VI: SALARIES

 Article 90. Salaries

1. A salary is an amount the employer pays the employee under an agreement for a work
performed by the latter. Salary equals (=) base salary plus (+) allowances and other additional
amounts.
2. The base salary must not fall below the statutory minimum wages.
3. Employers shall pay salaries fairly without discrimination against genders of employees who
perform equal works.
 Article 91. Statutory minimum wages
 1. Statutory minimum wages are minimum wages of workers who do the simplest jobs in normal
working conditions that are sufficient to support themselves and their families, and appropriate
for socio-economic development.
2. Statutory minimum wages per month or per hour vary according to regions.
3. Statutory minimum wages shall be adjusted according to minimum living standards of
workers and their families; the relation between statutory minimum wages and usual salaries;
consumer price index, economy growth rate; labor supply and demand, productivity and
financial capacity of enterprises.
4. The Government shall elaborate this Article; decide and announce the statutory minimum
wages on the basis of proposals of National Salary Council.
 Article 98. Overtime pay, night work pay
1. An employee who works overtime will be paid an amount based on the piece rate or actual
salary as follows:
a) On normal days: at least 150%;
b) On weekly days off: at least 200%;
c) During public holidays, paid leave, at least 300%, not including the daily salary during the
public holidays or paid leave for employees receiving daily salaries.
2. An employee who works at night will be paid an additional amount of at least 30% of the
normal salary.
3. An employee who works overtime at night will be paid, in addition to the salary specified in
Clause 1 and Clause 2 of this Article, an amount of at least 20% of the day work salary of a
normal day, weekend or public holiday.
4. The Government shall elaborate this Article

Chapter VIII
LABOR DISCIPLINE AND MATERIAL RESPONSIBILITY
Section 1. LABOR DISCIPLINE

 Article 117. Labor discipline

Labor discipline comprises provisions in the internal labor regulations on the compliance in
respect of time, technology, production and business management that are imposed by the
employer and prescribed by law.
 Article 118. Internal labor regulations
1. Every employer shall issue their own internal labor regulations. An employer that has at least
10 employees shall have written internal labor regulations.
2. The contents of the internal labor regulations shall not be contrary to labor laws or to
relevant legal provisions. The internal labor regulations shall include the following key contents:
a) Working hours and rest periods;
b) Order at the workplace;
c) Occupational safety and health;
d) Actions against sexual harassment in the workplace;
dd) Protection of the assets and technological and business secrets and intellectual property of
the employer;
e) Cases in which reassignment of employees are permitted;
g) Violations against labor regulations and disciplinary measures;
h) Material responsibility;
i) The person having the competence to take disciplinary measures.
3. Before issuing or revising the internal labor regulations, the employer shall consult the
employee representative organization (if any).
4. Employees must be notified of the internal labor regulations, and the major contents must be
displayed at the workplace where they are necessary.
 5. The Government shall elaborate this Article.
 Article 124. Disciplinary measures
1. Reprimand.
2. Deferment of pay rise for up to 6 months.
3. Demotion.
4. Dismissal
 Article 125. Dismissal for disciplinary reasons
An employer may dismiss an employee for disciplinary reasons in the following circumstances:
1. The employee commits an act of theft, embezzlement, gambling, deliberate infliction of
injuries or uses drug at the workplace;
2. The employee discloses technological or business secrets or infringing the intellectual
property rights of the employer, or commits acts which are seriously detrimental or posing
seriously detrimental threat to the assets or interests of the employer, or commits sexual
harassment in the workplace against the internal labor regulations;
3. The employee repeats a violation which was disciplined by deferment of pay rise or demotion
and has not been absolved. A repeated violation means a violation which was disciplined and is
repeated before it is absolved in accordance with Article 126 of this Code.
4. The employee fails to go to work for a total period of 05 days in 30 days, or for a total period
of 20 days in 365 days from the first day he/she fails to go to work without acceptable excuses.
Justified reasons include natural disasters, fires; the employee or his/her family member suffers
from illness with a certification by a competent health facility; and other reasons as stipulated in
the internal labor regulations

Section 2. MATERIAL RESPONSIBILITY

MATERIAL RESPONSIBILITY

 Article 129. Compensation for damage

1. An employee who causes damage to equipment or otherwise damages the employer’s assets
shall have to pay compensation in accordance with labor laws or the employer’s internal labor
regulations.
In case the damage caused by an employee is not serious, not deliberate and is worth less than
10 months’ region-based minimum wage announced by the Government, the employee shall
have to pay a compensation of not more than his/her 03 months’ salary, which shall be monthly
deducted from his/her salary in accordance with Clause 3 Article 102 of this Code.
2. An employee who loses the employer’s equipment or assets, or consumes the materials
beyond the set limits shall pay a compensation for damage in full or in part at the market price
or as stipulated in the internal labor regulations or the responsibility contract (if any). In case
this is caused by a natural disaster, fire, war, major epidemic, calamity, or another force majeure
event which is unforeseeable and insurmountable, and all necessary measures and possibilities
for avoidance have been taken, the compensation shall not required

Chapter XIV
SETTLEMENT OF LABOR DISPUTES
Section 1. GENERAL PROVISIONS FOR SETTLEMENT OF LABOR DISPUTES
 Article 179. Labor disputes
1. A labor dispute means a dispute over rights, obligations and interests among the parties
during the establishment, execution or termination of labor relation; a dispute between the
representative organizations of employees; a dispute over a relationship that is directly relevant
to the labor relation. Types of labor disputes:
 a) Labor disputes between the employee and the employer; between the employee and the
organization that sends the employee to work overseas under a contract; between the
dispatched employee and the client enterprise.
b) Right-based or interest-based collective labor disputes between one or several representative
organizations of employees and the employer or one or several representative organizations of
employees.
2. A right-based collective labor dispute of rights means a dispute between one or several
representative organizations of employees and the employer or one or several representative
organizations of employees in case of:
a) Discrepancies in interpretation and implementation of the collective bargaining agreement,
internal labor regulations and other lawful agreements;
b) Discrepancies in interpretation and implementation of labor laws; or
c) The employer’s discrimination against the employees or members of the management board
of the representative organization of employees for reasons of establishment, operation or
participation in the organization; the employer’s interference or influencing the representative
organization of employees; the employer’ violations against amicable negotiation.
3. Interest-based collective labor disputes include:
a) Labor disputes that arise during the process of collective bargaining;
b) A party refuses to participate in the collective bargaining or the collective bargaining is not
held within the time limit prescribed by law.

Chương 8. Giải quyết tranh chấp kinh doanh thương mại

BLTTDS 2015: từ 1 đến 25; Thẩm quyền: 30 đến 42; CQTHTT từ 46

đến 59; Đương sự từ 68 đến 78
LTTTM 2010: từ 1 đến 14; từ 16 đến 41; từ 54 đến 59; từ 65 đến 69

Civil Procedure Code 2015:

 Article 1. Regulation scope and task of the Civil Procedure Code

The Civil Procedure Code provides for the basic principles in civil proceedings; the order and
procedures for initiating lawsuits at People’s Court (hereinafter referred to as Courts) to settle
cases of civil, marriage and family, business, trade and labor (hereinafter referred to as civil
lawsuits) and order and procedures to request the Court to settle matters regarding civil,
marriage, family, business, trade, labor (hereinafter referred to as civil matters); order and
procedures for settlement of civil lawsuits and civil matters (hereinafter referred to as civil
cases) at Courts; procedures for recognition and enforcement in Vietnam civil
judgments/decisions of foreign Courts, award of foreign arbitrators; enforcement of civil
judgments; tasks, entitlements and responsibilities of proceeding authorities/officers; rights and
obligations of participants in procedures, of individuals, of regulatory agencies, people’s armed
units, economic organizations, political organizations, socio-political organizations, political –
social – professional organizations, social organizations, social – professional organizations
(hereinafter referred to as agencies and organizations) that are relevant to ensure that the
resolution of civil cases is carried out quickly, accurately, truthfully and lawfully.
The Civil Procedure Code contributes to the protection of the justice, of human’s rights, civil
rights, protection of socialist regime, of the interests of the State, legitimate rights and interests
of agencies, organizations and individuals; educates people to strictly abide by law.
 Article 2. Regulated entities and effect of the Civil Procedure Code
1. The Civil Procedure Code applies to all civil proceedings throughout the territory of the
Socialist Republic of Vietnam, including mainland, offshore island, territorial waters and
airspace.
 2. The Civil Procedure Code applies to all civil proceedings conducted by consular offices of the
Socialist Republic of Vietnam in foreign countries.
3. The Civil Procedure Code applies to the settlement of civil cases involving foreign element(s);
where the international treaties to which the Socialist Republic of Vietnam is a signatory provide
otherwise, the provisions of such international treaties shall apply.
4. For foreign individuals, agencies and organizations that enjoy diplomatic privileges and
immunities or consular privileges and immunities under Vietnamese laws, international treaties
to which the Socialist Republic of Vietnam is a signatory, the civil cases related to such
individuals, agencies and/or organizations shall be settled through the diplomatic channel.

Chapter II

BASIC PRINCIPLES

 Article 3. Compliance with laws in civil procedures

All civil procedural activities of presiding agencies, presiding officers, civil procedure-participants
and of relevant individuals, agencies and organizations must comply with the provisions of this
Code
 Article 4. Right to request Courts to protect legitimate rights and interests
1. Individuals, agencies and organizations defined by this Code shall have the right to institute
civil lawsuits, request the resolution of civil matters at competent Courts in order to protect the
justice, human’s rights, civil rights, benefits of the State, legitimate rights and interests of their
own or of others. 2. Courts must not refuse to settle a civil case for the reason that there is no
applicable law provision for such case.
A civil case without applicable law provisions is a civil case falling within the governing scope of
civil laws but there is no applicable law provision at the time such civil case arises and an
agency/organization/individual requests the Court to settle.
The settlement of civil case specified in this clause shall comply with the principles prescribed in
the Civil Code and this Code
 Article 5. Involved parties' right to decision-making and self-determination
1. The involved parties shall have the right to decide whether to initiate civil lawsuits, petition
jurisdictional Courts to settle the civil cases. The Courts shall only accept for settlement of civil
cases when they have received lawsuit petitions and/or written requests www.economica.vn
Unofficial translation. For reference only 3 from an involved party and shall settle the civil cases
only within the scope of such lawsuit petition or written request. 2. During the settlement of a
civil case, the involved parties shall have a right to terminate or change their petitions or
voluntarily reach agreement with one another, which is not contrary to law and social ethics.
 Article 6. Supply of evidences and proof in civil procedures
1. The involved parties shall have the right and obligation to initiatively collect and supply
evidence to Courts and prove that their petitions are well grounded and lawful. Agencies,
organizations and individuals initiating lawsuits or file their petitions to protect legitimate rights
and interests of their own or of other persons shall have the right and obligation to collect and
supply evidence and to prove the ground and the lawfulness like the involved parties.
2. The Courts shall assist the involved parties to collect evidence and shall only collect and verify
the evidence in the cases prescribed by this Code.
 Article 7. Responsibility of competent individuals, agencies and organizations to supply
materials and evidences
Agencies, organizations and individuals shall, within the scope of their tasks and powers, provide
the involved parties, the Courts, the People’s Procuracy with materials and evidences currently
being under their possession or management sufficiently and timely at the petition of the
involved parties, the Courts and the Procuracy according to regulations in this Code and shall
 take legal responsibility for the supply of such materials and evidences; in case they cannot do
so, a written notification containing the explanation shall be made and sent to the involved
parties, the Courts and the Procuracy
 Article 8. Equality in rights and obligations in civil procedures
1. All people are equal before law regardless of their ethnics, religions, educational levels,
occupations and social levels.
All agencies, organizations and individuals are equal in the implementation of rights and
obligations in civil procedures.
2. The Courts have the responsibility to create equal conditions for agencies, organizations and
individuals to exercise their rights and obligations in civil procedure
 Article 9. Ensuring the involved parties' right to protect legitimate rights and interests
1. The involved parties have the right to defend themselves or to ask lawyers or other persons
who satisfy conditions specified in this Code to protect their legitimate rights and interests.
2. The Courts have the responsibility to ensure the conditions for the involved parties to
exercise their right to defense.
3. The State has the responsibility to provide legal assistant for such entities according to law
provisions enabling them to exercise the right to protect their legitimate rights and interests
before the Courts.
4. No one shall limit the right to protect legitimate rights and interests of the involved parties in
civil procedures.
 Article 10. Mediation in civil procedures
The Courts have the responsibility to conduct mediation and create favorable conditions for the
involved parties to reach agreement with one another on the resolution of civil cases under the
provisions of this Code.
 Article 11. Participation of People’s Jurors in adjudication of civil lawsuits
1. The adjudication of first instance of civil lawsuits shall be attended by the People’s Jurors as
prescribed in this Code, except for adjudication under the simplified procedures.
2. Upon the vote for decisions on settlement of civil lawsuits, the People’s Jurors are equal in
powers to the Judges
 Article 12. Judges, People’s Jurors are independent in adjudication of civil lawsuits and
settlement of civil matters and only comply with law
1. Upon trial over civil lawsuits, Judges and People’s Jurors shall be independent and only
comply with law.
2. All acts of hindering or interfering the adjudication of Judges and People’s Jurors or the
settlement of civil matters of Judges are strictly prohibited
 Article 13. Responsibilities of civil proceeding authorities and proceeding officers
1. Proceeding authorities/officers must respect people and submit to people’s supervision.
2. The Courts are responsible for the protection of the justice, human’s rights, civil rights,
socialist regime, benefits of the State, legitimate rights and interests of organizations and
individuals. The procuracies are responsible for the protection of the law, human’s rights, civil
rights, socialist regime, benefits of the State, legitimate rights and interests of organizations and
individuals and contribute in the assurance that law is strictly and consistently complied with.
3. Proceeding authorities/officers must keep the State secrets and work secret according to law;
preserve the nation’s fine customs and practices, protect minors, keep professional secrets,
business secrets, personal secrets of the involved parties at their legitimate petitions.
4. The proceeding authorities/officers shall take legal responsibility for the performance of their
tasks and powers. If a proceeding officer commits a violation against law, depending
www.economica.vn Unofficial translation. For reference only 5 on the nature and severity of the
violation, he/she shall be disciplined or liable to criminal prosecution according to law
provisions. 5. If a proceeding officer, during the performance of his/her tasks and powers,
 commits illegal acts that causes damages to an agency/organization/individual, then the direct
management agency of such officer shall pay the compensation to the aggrieved party according
to law provisions pertaining to compensation responsibility.
 Article 14. Collective trials by Courts
A Court shall conduct the collective trial over civil lawsuits and make decisions under the
majority rule, except for adjudication according to simplified procedures.
 Article 15. Prompt, equal and public trials by Courts
1. The Court trials shall be conducted promptly and within the time prescribed in this Code and
must ensure the equality.
2. The Court trials shall be public. In special cases that it is necessary to keep the State secrets,
preserve the nation’s fine customs and practices, protect minors or to keep professional secrets,
business secrets, personal secrets of the involved parties at their legitimate claims, the Courts
may conduct the trials behind closed doors.
 Article 16. Ensuring impartiality and objectiveness in civil procedures
1. Chief Justices, Judges, People’s Jurors, ombudspersons, Court clerks, procurators
chairpersons, prosecutors, inspectors, interpreters, expert-witnesses and members of Price
Assessment Councils must not conduct or participate in civil procedures if there are good
reasons to believe that they may not be impartial in performing their tasks and exercising their
powers. 2. The assignment of proceeding officers must ensure the conditions for them to be
impartial and objective when exercising their tasks and powers
 Article 17. Following the two-level adjudication regime
1. The Courts shall follow the two-level adjudication regime.
The first-instance judgments or decisions of the Courts can be appealed against under the
provisions of this Code.
First-instance judgments or decisions of the Courts which are not appealed against according to
appellate procedures within the time limit provided for by this Code shall become legally
effective. Where first-instance judgments or decisions are appealed against, the cases must
undergo appellate trials. The appellate judgments or decisions shall be legally effective.
2. The Courts' first-instance judgments or decisions of the Courts which have already taken legal
effect but have been detected with law violations or new details according to provisions of this
Code shall be reviewed according to the cassation or reopening procedures
 Article 18. Cassation of trials
The Supreme People’s Court shall conduct cassation of trials of all Courts; Collegial People’s
Courts shall conduct cassation of trials of People’s Courts of central-affiliated cities and
provinces (hereinafter referred to as People’s Courts of provinces), People’s Courts of districts,
towns, provincial-affiliated cities and cities affiliated to central-affiliated cities (hereinafter
referred to as People’s Courts of districts) within their competence to ensure that law is applied
strictly and consistently
 Article 19. Assurance of the effect of Courts' judgments and decisions
1. Legally effective judgments and decisions of Courts must be enforced and strictly observed by
all agencies, organizations and individuals.
2. Within the scope of their respective tasks and powers, Courts and agencies or organizations
which are assigned the tasks to enforce Courts' judgments or decisions must strictly enforce
them and bear responsibility before law for the performance of such tasks.
3. Courts may request the enforcement authorities to notify them of the progress and the result
of the enforcement of the Courts’ judgments/decisions. The enforcement authorities directly in
charge of the enforcement of the Courts’ judgments/decisions shall respond the Courts’ request
 Article 20. Spoken and written language used in civil procedures
Spoken and written language to be used in civil procedures shall be the Vietnamese.
 Participants in civil procedures may use the voices and scripts of their ethnic groups; in this case
interpreters are required.
Participants in civil procedures being people having hearing, speaking or visual disability may
use the language of disabled people; in this case interpreters are required
 Article 21. Supervising the law observance in civil procedures
1. The Procuracies shall supervise the law observance in civil procedures and exercise the rights
to petition, recommendation or appeal according to law provisions in order to ensure lawful and
timely resolution of civil cases. 2. The Procuracies shall participate in first-instance meetings for
civil matters; first-instance trials of lawsuits where evidence are collected by the Courts or
where matters under dispute are public properties, public benefits, land use right, housing use
right or involved parties are minors, legally incapacitated persons or, persons with limited
capacity of exercise, people with limited cognition or behavior control or cases specified in
clause 2 Article 4 of this Code.
3. The procuracies shall participate in appellate, cassation and reopening trials/meetings.
4. The Supreme People’s Procuracy shall preside over and cooperate with the Supreme People’s
Court in providing guidance on the implementation of this Article
 Article 22. Courts' responsibility for forwarding documents and papers
1. The Courts shall have the responsibility to delivery, forward and notify of their judgments,
decisions, summons, invitations and other relevant documents to the participants in the civil
procedures according to the provisions of this Code.
2. People’s Committees of communes or relevant agencies, organizations and individuals shall
forward the judgments, decisions, summons, invitations and other relevant documents of the
Courts at the request of the Courts and shall notify the Courts of the result of such forwarding.
 Article 23. Participation of agencies, organizations and individuals in civil procedures
Agencies, organizations and individuals shall have the right and obligation to participate in civil
procedures according to the provisions of this Code, contributing to the lawful and prompt
resolution of civil cases at courts.
 Article 24. Assurance of oral argument in adjudication
1. The Courts shall ensure that the involved parties and people protecting legitimate rights and
interests of the involved parties implement the right to get involve in oral argument in first-
instance trials, appellate trials, cassation trials and reopening trials according to provisions of
this Code.
2. The involved parties and the people protecting the legitimate rights and interests of the
involved parties may collect and submit the evidences and relevant materials to the Courts since
the Courts accepted civil lawsuits and shall notify to each other of the submitted materials and
evidences; present, give question and answer, express opinions about evidences and present
applicable provisions to defend their claims and their legitimate rights and interests or to reject
others’ claims according to provisions of this Code.
3. During the process of adjudication, every material and evidence shall be reviewed sufficiently,
obviously, comprehensively and publicly, except for cases where materials and evidences must
not be published prescribed in clause 2 Article 109 of this Code. The Courts shall direct the oral
argument, make question about unclear matters and issue judgments/decisions on the basis of
the argument result.
 Article 25. Assurance of the right to complaints and denunciations in civil procedures
Agencies, organizations and individuals shall have the right to complain about, individuals shall
have the right to denounce, illegal acts of proceeding authorities/officers or of any agencies,
organizations and individuals in civil proceedings. Competent agencies, organizations or
individuals must accept, consider and settle promptly and lawfully complaints and
denunciations; notify in writing the settlement results to the complainants and denouncers
Chapter III

COURT'S JURISDICTION

Section 1. CIVIL CASES FALLING UNDER THE COURTS' JURISDICTION

 Article 30. Business and/or trade disputes falling under the courts' jurisdiction
1. Disputes arising from business or trade activities among individuals and/or organizations with
business registration, which are all for the purpose of profits.
2. Disputes over intellectual property rights or technology transfers among individuals or
organizations, which are all for the purposes of profits.
3. Disputes between persons who are not members of a company but involve in transaction in
transfer of capital holding and the company and/or its members.
4. Disputes between a company and its members; disputes between a limited liability company
and its manager or between a joint-stock company and members of its Board of Directors, its
Director or its General Director, or among members of a company regarding the establishment,
operation, dissolution, merge, consolidation, total division, partial division, property transfer
and/or organizational transformation of the company.
5. Other civil disputes relating to business or trade activities, except for cases within the
jurisdiction of other agencies and organizations as prescribed by law
 Article 31. Business or trade petitions falling under the courts' jurisdiction
1. The petitions for revocation of a resolution of the Shareholder general assembly, a resolution
of the Member assembly according to legislation on enterprise.
2. The petitions related to the resolution of disputes by Vietnamese commercial arbitrators
under law regulations on commercial arbitration.
3. The petitions for arrest of aircrafts, seagoing vessels according to law on Vietnamese civil
aviation, Vietnamese maritime, except for cases where aircrafts/vessels must be arrested
serving lawsuit settlement.
4. The petitions for recognition and enforcement in Vietnam of foreign courts' judgments or
decisions on business or commercial matters, or non-recognition of foreign courts' judgments or
decisions on business or commercial matters, which are not requested to be enforced in
Vietnam.
5. The petitions for recognition and enforcement in Vietnam of foreign arbitrators' award on
business or commercial matters.
6. Other petitions relating to business or trade activities, except for cases within the jurisdiction
of other agencies and organizations as prescribed by law
 Article 32. Labor disputes falling under the courts' jurisdiction
1. Individual labor disputes between employees and employers, which have been mediated
through mediation procedures of labor mediators but the involved parties fail to comply with
mediation results, or which cannot be mediated or are not mediated within the lawestablished
time limit, except the following disputes which must not necessarily be mediated through
mediation procedures:
a) Disputes over labor discipline in the form of dismissal or over cases of unilateral termination
of labor contracts;
b) Disputes over damage compensation or over benefit policy upon termination of labor
contracts;
c) Disputes between household servants and their employers;
d) Disputes over social insurance as prescribed in laws on social insurance, over health insurance
as prescribed in laws on health insurance, over unemployment insurance as prescribed in laws
on employment or over occupational accident insurance and occupational diseases as
 prescribed in laws on labor hygiene and safety; www.economica.vn Unofficial translation. For
reference only 12
dd) Disputes over damage compensation between laborers and enterprises or non-business
organizations sending laborers to work overseas under contracts.
2. Collective labor disputes over rights between employee collectives and employers under the
labor law which have been settled by chairpersons of the People's Committees of districts but
the employee collectives or employers disagree with such decisions or which are not settled by
chairpersons of the People's Committees of districts within the prescribed time limit.
3. Labor disputes include:
a) Disputes over vocational training and practice;
b) Disputes over labor outsourcing;
c) Disputes over rights relating to trade union, trade union expenditure;
d) Disputes over labor safety and labor hygiene.
4. Disputes over compensation for illegal strike.
5. Other labor disputes, except for cases within the jurisdiction of other agencies and
organizations as prescribed by law.
 Article 33. Labor petitions falling under the courts' jurisdiction
1. Petitions for declaration of a labor contract/collective bargaining agreement to be invalid.
2. Petitions for consideration of legitimacy of a strike.
3. Petitions for recognition and enforcement in Vietnam of foreign courts' labor judgments or
decisions, or for non-recognition of foreign courts' labor judgments or decisions which are not
requested to be enforced in Vietnam. 4. Petitions for recognition and enforcement in Vietnam
of labor award of foreign arbitrators.
5. Other petitions, except for cases within the jurisdiction of other agencies and organizations as
prescribed by law
 Article 34. Jurisdiction of Courts over particular decisions of agencies/organizations
1. When resolving civil cases, the Courts may revoke particular decisions of agencies or
organizations or competent persons of such agencies or organizations in particular cases which
are obviously unlawful, infringing upon the rights and legitimate interests of involved parties in
these civil cases.
2. Particular decisions specified in clause 1 of this Article are decisions on particular matters that
have been issued and applied once to one or a number of particular entities. If the civil cases are
related to such decisions, they must be considered in such the same civil cases by the courts.
3.When considering repealing decisions specified in clause 1 of this Article, the Courts shall
invite agencies, organizations or competent persons that have issued such decisions to
participate in the procedures in the capacity as person with relevant interests and duties.
Agencies, organizations, competent persons who have issued the decisions must participate in
the procedures and present their opinions about the particular decisions repealed by the courts.
4. Competence of Courts in charge of civil cases subject to considering the repealing of
particular decisions specified in clause 1 of this Article shall be determined according to
corresponding provisions in the Law on administrative procedures about competence of
People’s Courts of districts/provinces.

Section 2. JURISDICTION OF COURTS OF DIFFERENT LEVELS

 Section 35. Jurisdiction of People’s Courts of districts

1. People's Courts of districts shall have the jurisdiction to settle according to first-instance
procedures the following disputes:
a) Disputes over civil matters, marriage and family, prescribed in Articles 26 and 28 of this Code;
b) Disputes over business/trade activities prescribed in clause 1 Article 30 of this Code;
c) Labor disputes prescribed in Article 32 of this Code.
 2. People's Courts shall have the jurisdiction to resolve the following petitions:
a) Civil petitions prescribed in Clauses 1, 2, 3, 4, 6, 7, 8, 9 and 10 of Article 27 of this Code;
b) Petitions relating to marriage and family prescribed in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11
of Article 29 of this Code;
c) Petitions relating to business/trade activities prescribed in clause 1 and clause 6 Article 30 of
this Code;
d) Labor petitions prescribed in clause 1 and clause 5 Article 33 of this Code.
3. Disputes and petitions prescribed in Clauses 1 and 2 of this Article, which involve parties or
properties in foreign countries or which must be judicially entrusted to representative agencies
of the Socialist Republic of Vietnam overseas or to foreign courts/competent agencies, shall not
fall under the jurisdiction of people's Courts of districts, except for cases specified in clause 4 of
this Article.
4. People’s Courts of districts where Vietnamese citizens reside shall be in charge of cancelling
illegal marriage, settling divorce petitions and disputes pertaining to rights and obligations of
spouses, parents and children, parents and children adoption and guardian relationship
between Vietnamese citizens living in frontier areas and citizens of neighboring countries living
near Vietnam according to provisions of this Code and other Vietnam’s law provisions
 Section 36. Jurisdiction of Tribunals of People’s Courts of districts
1. The Civil tribunals of People's Courts of districts shall have the jurisdiction to resolve
according to first-instance procedures cases relating to civil, business, trade and labor matters
falling under the jurisdiction of the People’s Courts of districts as provided for in Article 35 of
this Code.
2. The family and juvenile tribunals of People's Courts of districts shall have the jurisdiction to
resolve according to first-instance procedures for cases relating to marriage and family falling
under the jurisdiction of the People’s Courts of districts as provided for in Article 35 of this Code.
3. Regarding People’s Courts without a tribunal, the Chief Justice shall take responsibility for
conducting adjudication and assigning the Judge to take charge of the cases falling under the
jurisdiction of People’s Courts of districts
 Section 37. Jurisdiction of People’s Courts of provinces
1. People's Courts of provinces shall have the jurisdiction to settle according to first-instance
procedures the following disputes:
a) Civil, marriage- and family-related, business, trade or labor disputes prescribed in Articles 26,
28, 30 and 32 of this Code, except for disputes falling under the jurisdiction of the district-level
people's Courts as provided for in Clause 1 and Clause 4 Article 35 of this Code;
b) Civil, marriage-and family-related, business, trade or labor petitions prescribed in Articles 27,
29, 31 and 33 of this Code, except for petitions falling under the jurisdiction of the district-level
people's Courts as prescribed in Clause 2 and Clause 4 Article 35 of this Code;
c) Disputes and petitions prescribed in Clause 3, Article 35 of this Code.
2. The People's Courts of provinces shall have the jurisdiction to resolve according to first-
instance procedures the civil cases falling under the jurisdiction of the People's Courts of
districts as provided for in Article 35 of this Code, which are taken up by the People's Courts of
provinces for settlement when necessary or at the request of People’s Courts of districts.
 Section 38. Jurisdiction of Specialized tribunals of People’s Courts of provinces
1. Civil tribunals of People’s Courts of provinces shall have the jurisdiction to:
a) Resolve according to first-instance procedures the civil disputes/petitions falling under the
jurisdiction of People’s Courts of provinces specified in Article 37 of this Code;
b) Resolve according to appellate procedures the cases where the civil judgments/decisions of
People’s Courts of districts that are not legally effective which are appealed against according to
regulations in this Code.
2. Family and juvenile tribunals of People’s Courts of provinces shall have the jurisdiction to:
 a) Resolve according to first-instance procedures the disputes/petitions relating to marriage and
family falling under the jurisdiction of People’s Courts of provinces specified in Article 37 of this
Code;
b) Resolve according to appellate procedures the cases where the judgments/decisions relating
to marriage and family of People’s Courts of districts that are not legally effective which are
appealed against according to regulations in this Code.
3. Economic tribunals of People’s Courts of provinces shall have the jurisdiction to:
a) Resolve according to first-instance procedures the disputes/petitions relating to business and
trade falling under the jurisdiction of People’s Courts of provinces specified in Article 37 of this
Code;
b) Resolve according to appellate procedures the cases where the judgments/decisions relating
to business and trade of People’s Courts of districts that are not legally effective are appealed
against according to regulations in this Code.
4. Labor tribunals of People’s Courts of provinces shall have the jurisdiction to:
a) Resolve according to first-instance procedures the labor disputes/petitions falling under the
jurisdiction of People’s Courts of provinces specified in Article 37 of this Code;
b) Resolve according to appellate procedures the cases where the labor judgments/decisions of
People’s Courts of districts that are not legally effective which are appealed against according to
regulations in this Code
 Article 39. Territorial jurisdiction of courts
1. Territorial jurisdiction of Courts to settle civil lawsuits shall be determined as follows:
a) The Courts of the localities where the defendants reside or work, applicable to defendants
being individuals, or where the defendants are headquartered, applicable to defendants being
agencies or organizations, shall have the jurisdiction to settle according to first-instance
procedures for civil, marriage- and family-related, business, trade or labor disputes prescribed in
Articles 26, 28, 30 and 32 of this Code;
b) The involved parties shall have the right to agree with each other in writing to petition the
Courts of the localities where the plaintiffs reside or work, applicable to plaintiffs being
individuals, or where the plaintiffs are headquartered, applicable to plaintiffs being agencies or
organizations, to settle civil, marriage and family-related, business, trade or labor disputes
prescribed in Articles 26, 28, 30 and 32 of this Code;
c) Disputes over real estates must be settled by Courts where such real estates are located.
2. Territorial jurisdiction of Courts to settle civil matters shall be determined as follows:
a) The Courts of the areas where persons who are to be declared to be incapable of civil acts or
having limited capacity of exercise or having limited cognition or behavior control reside or work
shall have the jurisdiction to resolve such petitions;
b) The Courts of the areas where persons absent from their residential places are to be
announced for search or to be declared missing or dead reside for the last time, shall have the
jurisdiction to settle petitions for announcement of the search for persons absent from their
residential places and management of such persons' properties or petitions for declaring a
person missing or dead;
c) The Courts of the areas where the persons petition to repeal the declaration of being
incapable of civil acts or having limited capacity of exercise or having limited cognition or
behavior control reside or work shall have the jurisdiction to repeal such declaration. The Court
which has issued a decision to declare a person missing or dead shall have the jurisdiction to
resolve petitions to revoke its decision;
d) The Courts of the areas where the persons who are obliged to execute foreign courts’ civil,
marriage and family, business, trade, or labor judgments or decisions reside or work, applicable
to judgment debtors being individuals, or where the judgment debtors are headquartered,
applicable to judgment debtors being agencies or organizations, or where exists the property
relating to the enforcement of such judgments or decisions of foreign courts, shall have the
jurisdiction to resolve petitions for recognition and enforcement of foreign courts' civil, marriage
and family, business, trade or labor judgments or decisions in Vietnam;
dd) The Courts of the areas where the petition senders reside or work, applicable to individuals,
or where the petition senders are headquartered, applicable to agencies or organizations, shall
have the jurisdiction to settle petitions for non-recognition of foreign courts' civil, marriage and
family, business, trade or labor judgments or decisions, which are not requested to be enforced
in Vietnam;
e) The Courts of the areas where the persons who are obliged to execute award of foreign
arbitrators reside or work, applicable to judgment debtors being individuals, or where the
judgment debtors are headquartered, applicable to judgment debtors being agencies or
organizations, or where exists the property relating to the enforcement of foreign arbitrators'
award, shall have the jurisdiction to resolve the petitions for recognition and enforcement in
Vietnam the award of foreign arbitrators;
g) The Courts of the areas where illegal marriages are registered shall have the jurisdiction to
resolve petitions to revoke such illegal marriages;
h) The Court of the area where one of the parties to a voluntary divorce, agreed child custody or
property division resides or works shall have the jurisdiction to resolve the petition for
recognition of the voluntary divorces and the agreement on child custody and property division
upon divorces;
i) The Court of the area where one of the parties that petitions the Court to recognize their
agreement on change of post-divorce child custodian resides or works shall have the jurisdiction
to resolve that petition. If the agencies, organizations and individuals petition for the change of
post-divorce child custodian, the Court where the child resides shall have the jurisdiction to
resolve that petition;
k) The Court of the area where one parent of a minor child resides or works shall have the
jurisdiction to resolve a petition to restrict rights of the father or mother towards the minor
child or his/her right to see the child after the divorce;
l) The Court of the area where an adoptive parent or adopted child resides or works shall have
the jurisdiction to resolve a petition to terminate the child adoption;
m) The Courts of the area where notary organization which have performed notarization are
located shall have the jurisdiction to settle the petitions for declaration of notarized documents
to be invalid;
n) The Courts of the localities where competent judgment-executing bodies are headquartered
or where exist properties related to the judgment enforcement shall have the jurisdiction to
settle petitions for determination of property ownership or use rights and for division of
common properties for judgment enforcement and other petitions according to provisions of
Law on enforcement of civil judgments;
o) The territorial jurisdiction of Courts to settle petitions related to the settlement by
Vietnamese commercial arbitrations of disputes shall comply with the law on commercial
arbitration;
p) The Courts of the localities where a property is located shall have the jurisdiction to resolve
the petitions for recognition of such property to be ownerless in Vietnam’s territory and the
petition for recognition of the ownership of the person who currently use such ownerless
property;
q) The Courts of the locality where a surrogate mother resides or works shall have the
jurisdiction to resolve petitions related to the surrogacy;
r) The Courts of the locality where a person having a common property shall have the
jurisdiction to resolve the petitions for recognition of the agreement on termination of effect of
the division of common property during the marriage that is conducted according to the
 judgment/decision of the Courts; s) The Courts of the locality where the petitioner resides or
works shall have the jurisdiction to resolve petitions for recognition of the successful medication
at the Court;
t) The Courts of the locality where the petitioner resides or works shall have the jurisdiction to
resolve the petitions for declaration of nullification of the agreement on properties of spouses
according to legislation on marriage and family; the petitions for determination of father and
mother for a child according to legislation on marriage and family;
u) The Courts of the locality where a headquarter of a enterprise is located shall have the
jurisdiction to resolve the petitions for cancellation of the resolution of the Shareholder general
assembly or a resolution of the Member assembly;
v) The Courts of the locality where a labor contract/collective bargaining agreement is
concluded shall have the jurisdiction to resolve the petitions for declaration of such labor
contract/collective bargaining agreement to be invalid;
x) The Courts of the locality where a strike occurs shall have the jurisdiction to resolve the
petitions for determination of the lawfulness of the strike;
y) The territorial jurisdiction of the Courts in resolving the petition for arrest of aircrafts/vessels
shall comply with regulations in Article 421 of this Code. 3. If a civil lawsuit has been accepted by
a Court and is being resolved according to regulations of this Code on the territorial jurisdiction
of Courts but the residence, headquarter or transaction place of the involved parties is changed,
such civil lawsuits shall be continuously resolved by that Court.
 Article 40. Jurisdiction of Courts selected by plaintiffs or petitioners
1. The plaintiffs shall have the right to select Courts for resolution of civil, marriage and family-
related, business, trade or labor disputes in the following cases:
a) If the plaintiff does not know where the defendant resides or works or where his/her head-
office is located, the plaintiff may petition the Courts of the area where the defendant last
resides or works or where the head-office of the defendant is last located or where the
defendant' properties are located to settle the case;
b) If the dispute arises from the operation of a branch of an organization, the plaintiff may
petition the Court of the area where the organization's head-office is located or where its
branch is located to settle it;
c) If the defendant does not have residence place, work place or head-office in Vietnam or the
case is related to disputes over alimonies, the plaintiff may petition the Court of the area where
he/she resides or works to settle the case;
d) If the dispute is over compensation for non-contractual damage, the plaintiff may petition the
Court of the area where he/she resides, works or where his/her headquarter is located or where
the damage is caused to settle the case;
dd) If the dispute is over compensation for damage or allowance upon termination of a labor
contract, over social insurance, the rights and/or interests in relation to job, wages, income and
other working conditions for the laborers, the plaintiff being a laborer may petition the Court of
the area where he/she resides or works to settle it;
e) If the dispute arises from the employment of labor by a sub-contractor or a mediator, the
plaintiff may petition the Court of the area where his/her actual employer resides, works or is
headquartered or where the sub-contractor or the mediator resides or works to settle it;
g) If the dispute arises from a contractual relation, the plaintiff may petition the Court of the
area where the contract is performed to settle the case;
h) If the defendants reside, work or are headquartered in different places, the plaintiff may
petition the Court of the area where one of the defendants resides or works or is headquartered
to settle the case;
i) If the dispute is over immovable which exist in different localities, the plaintiff may request the
Court of the area where one of such immovable exist to settle the dispute.
 2. The petitioners may select Courts to settle their marriage and family-related petitions in the
following cases:
a) Regarding civil petitions prescribed in Clauses 1, 2, 3, 4, 6, 7, 8, 9 and 10 of Article 27 of this
Code, the petitioners may ask the Courts of the areas where they reside, work or are
headquartered to resolve them;
b) Regarding petitions for revocation of illegal marriages provided for in Clause 1 Article 29 of
this Code, the requesters may ask the Courts of the areas where an involved party of illegal
marriage registration resides to resolve them;
c) Regarding petitions for restriction of rights of fathers or mothers towards their minor children
or their right to visit the children after the divorces, the petitioners may ask the Courts of the
areas where the children reside to resolve them.
 Article 41. Transferring civil cases to other courts; settlement of disputes over jurisdiction
1. If a Court has accepted a civil case which does not fall within its jurisdiction, it shall issue a
decision to transfer the civil cases dossier to a competent Court and cross out the civil cases in
its acceptance book. Such decision must be immediately sent to the Procuracy all involved
parties and relevant agencies, organizations and individuals.
The involved parties and relevant agencies, organizations and individuals may make complaints,
the Procuracy may submit recommendation for such decision within 03 working days from the
day on which the decision is received. Within 03 working days from the day on which the
complaint or the recommendation is received, the Chief Justice of the Court that issued the
decision to transfer the civil cases must resolve the complaint/recommendation. The decision of
the Chief Justice shall be the final decision.
2. Disputes over the jurisdiction of People’s Court of districts in the same province shall be
settled by the Chief Justice of the People’s Court of province.
3. Any dispute over the jurisdiction between People's Courts of districts of different provinces or
between People's Courts of provinces that falls under the territorial jurisdiction of the Collegial
People’s Court shall be settled by the Chief Justice of the High People's Court. 4. Any dispute
over the jurisdiction between People's Courts of districts of different provinces or between
People's Courts of provinces that falls under the territorial jurisdiction of different Collegial
People’s Courts shall be settled by the Chief Justice of the Supreme People's Court
 Article 42. Joining or separating cases
1. A Court may join two or more cases which it has separately accepted to a single case to
resolve if the joinder and resolution in the same case ensure the law compliance. Regarding
cases where multiple persons filing the same petitions for lawsuits against the same individuals
or agencies/organizations, the Courts may gather their petitions to resolve in the same cases.
2. A Court may separate a case with different claims into two or more cases if the separation
and resolution of the separated cases strictly comply with law.
3. Upon the case merger or separation prescribed in Clauses 1 and 2 of this Article, the Courts
which have accepted the petitions must issue decisions and send them immediately to the
procuracies of the same level, the involved parties and relevant agencies, organizations and
individuals

Chapter IV

CIVIL PROCEEDING AUTHORITIES, CIVIL PROCEDURE -PRESIDING

OFFICERS AND REPLACEMENT OF CIVIL PROCEDURE –PRESIDING

OFFICERS

 Article 46. Civil proceeding authorities, proceeding officers

1. The civil proceeding authorities include:
 a) The Court;
b) The Procuracy.
2. The civil proceeding officers include:
a) The Chief Justices, Judges, People’s Jurors, ombudspersons and Court clerks;
b) The Chairpersons of the Procuracies, the Procurators, the Inspectors.
 Article 47. Tasks and powers of the courts' Chief Justices
1. The court's Chief Justice shall have the following tasks and powers:
a) To organize the resolution of civil cases falling under the jurisdiction of the Court; ensuring
the principle that the Judge and the Juror carry out the adjudication separately and comply with
law;
b) To decide on the assignment of Judges to accept the civil cases, Judges to resolve civil cases,
People’s Jurors to participate in trial panels to hear civil lawsuits; and to decide on the
assignment of ombudspersons, Court clerks to conduct procedures for civil cases, ensuring the
principle prescribed in clause 2 Article 16 of this Code;
c) To decide on the replacement of Judges, People’s Jurors, Ombudspersons and/or Court clerks
before the opening of Court sessions;
d) To decide on the replacement of expert-witnesses and/or interpreters before the opening of
Court sessions;
dd) To issue decisions and conduct civil proceedings under the provisions of this Code;
e) To settle complaints and/or denunciations under the provisions of this Code;
g) To file appeals according to the cassation or reopening procedures against legally-effective
Court judgments or decisions according to the provisions of this Code or request the competent
Chief Justice to consider the appeal according to the cassation or reopening procedures against
legally-effective Court judgments or decisions.
h) To request competent agencies to consider amending or repealing a legislative document if
such document is discovered denoting against constitutions, laws, resolutions of National
Assembly, ordinances, resolutions of the Standing committee of the National Assembly, superior
legislative documents of regulatory agencies as prescribed in this Code;
i) To resolve the acts obstructing the civil procedures as prescribed in law; k) To perform the
tasks and powers prescribed in law.
2. When the Chief Justice is absent, a Deputy-Chief Justice shall be authorized by the Chief
Justice to perform the Chief Justice's tasks and powers, excluding the right to file appeals
prescribed in point g Clause 1 of this Article. The Deputy-Chief Justice shall be answerable to the
Chief Justice for the authorized tasks and powers.
 Article 48. Tasks and powers of Judges
As assigned by the Court’s Chief Justice, the Judges shall have the following tasks and powers:
1. To proceed the application for initiating lawsuits and the petitions and accept the civil cases
according to regulations in this Code;
2. To file the dossier of civil cases;
3. To collect and verify the evidence, to hold Court sessions and meetings to resolve civil cases
according to regulations in this Code;
4. To decide to apply, change or cancel the provisional emergency measures; 5. To decide to
suspend or terminate the resolution of civil cases and decide to continue the resolution of the
civil cases;
6. To provide explanation and guidance for involved parties so that they can exercise the right to
apply for legal assistant according to law on legal assistance;
7. To hold meetings for checking the handover of, access to and disclosure of evidences and
mediating and issue decisions on recognition of the agreements between involved parties
according to provisions of this Code; 8. To decide to bring civil lawsuits to Court for trial, or bring
civil matters for resolution;
 9. To convene people to a trial or a meeting;
10. To work as the chairperson or to participate in adjudicating civil lawsuits and resolving civil
matters;
11. To request the Court’s Chief Justice to assign ombudspersons to assist the conduct of civil
proceedings according to the provisions of this Code; 12. To discover and request the Court’s
Chief Justice to request competent agencies to consider amending or repealing a legislative
document discovered denoting against constitutions, laws, resolutions of National Assembly,
ordinances, resolutions of the Standing committee of the National Assembly, superior legislative
documents of regulatory agencies as prescribed in this Code;
13. To resolve the acts obstructing the civil procedures as prescribed in law; 14. To conduct
other proceedings when resolving civil cases according to the provisions of this Code.
 Article 49. Tasks and powers of People’s Jurors
As authorized by the Court’s Chief Justice, the People’s Jurors shall have the following tasks and
powers:
1. To study case files prior to the opening of Court sessions;
2. To request the Chief Justices and/or Judges to issue necessary decisions according to their
respective competence;
3. To participate in the trial panel of civil lawsuits;
4. To conduct proceedings and take equal power to the Judge in voting on issues falling within
the trial panels' jurisdiction.
 Article 50. Tasks and powers of ombudspersons
As assigned by the Court’s Chief Justice, the inspectors shall have the following tasks and
powers:
1. To conduct inspection of dossiers of civil cases subject to reconsideration in court’s judgments
and decisions according to the cassation or reopening procedures.
2. To make conclusion about the inspection and the inspection results and propose solutions for
the civil cases to the Court’s Chief Justice;
3. To collect materials and evidences relevant to the civil cases as prescribed in this Code;
4. To assist the Judge to conduct civil proceedings according to the provisions of this Code;
5. To conduct other tasks according to the provisions of this Code
 Article 51. Tasks and powers of Court clerks
As assigned by the Court’s Chief Justice, the Court clerks shall have the following tasks and
powers:
1. To make necessary professional preparations prior to the opening of Court sessions;
2. To announce the rules of Court sessions;
3. To check and report to the trial panels the list of those summoned to Court sessions;
4. To write up a minute of the Court session, the meeting and the minute of statements of the
involved parties in the civil procedures;
5. To conduct other tasks according to the provisions of this Code.
 Article 52. Cases where proceeding officers must refuse to conduct the procedures or be
replaced
The proceeding officers must refuse to conduct the procedures or be replaced in the following
cases:
1. They are concurrently the involved parties, the representatives or relatives of the involved
parties;
2. They have participated in the proceedings in the capacity as defense counsels of the
legitimate rights and interests of involved parties, witnesses, expert-witnesses or interpreters in
the same case;
3. There are clear grounds to believe that they may not be impartial in performing their tasks
 Article 53. Replacing Judges or People’s Jurors
 Judges and/or People’s Jurors must refuse to conduct the civil procedures or be replaced in the
following cases:
1. In one of the cases prescribed in Article 52 of this Code;
2. They are in the same trial panel and have a close relationship with one another; in this case,
only one person is allowed to participate in the civil procedures;
3. They participated in first-instance, appellate, cassation or reopening procedures in the
resolution of such civil cases and have issued first-instance judgments, appellate
judgments/decisions, cassation or reopening decisions, civil matter resolving decisions, decisions
to terminate the resolution of civil cases or decisions to recognize the agreement between
involved parties; if such persons are members of the Council of Judges of the Supreme People’s
Court or Committees of Judges of Collegial People’s Courts, they shall be allowed to participate
in the resolution of such cases according to cassation/reopening procedures;
4. They have acted as proceeding officers in such cases in the capacity as the ombudsperson, the
Court clerk, the prosecutor or the inspector
 Article 54. Replacement of Court clerks, ombudspersons
Court clerks and ombudspersons must refuse to conduct civil procedures or be replaced in the
following cases:
1. In one of the cases prescribed in Article 52 of this Code;
2. They have acted as proceeding officers in such cases in the capacity as the Judge, People’s
Jurors, ombudsperson, the Court clerk, the prosecutor or the inspector;
3. They are relatives of one of other proceeding officers in the case
 Article 55. Procedures for refusal to conduct the civil proceedings and procedures for request
for replacement of Judges, People’s Jurors, Ombudspersons, Court clerks
1. The refusal to conduct the civil proceedings and the request for the replacement of the
Judges, People’s Jurors, Ombudspersons, Court clerks before the opening of Court
sessions/meetings must be made in writing, clearly stating the reason(s) and grounds therefor.
2. The refusal to conduct the civil proceedings and the request for the replacement of persons
specified in clause 1 of this Article in Court sessions/meetings must be recorded in the minutes
of the meetings.
 Article 56. Decision on the replacement of Judges, People’s Jurors, Ombudspersons and/or
Court clerks
1. Before the opening of Court sessions, the replacement of Judges, People's Jurors,
Ombudspersons and/or Court clerks shall be decided by the Chief Justice. If the to be-replaced
Judge is the court’s Chief Justice, the competence to decide shall be adjusted as follows:
a) The replacement of Judges being Chief Justice of People’s Courts of districts shall be decided
by the Chief Justices of People’s Courts of provinces; www.economica.vn Unofficial translation.
For reference only 26 b) The replacement of Judges being Chief Justice of People’s Courts of
provinces shall be decided by the Chief Justices of Collegial People’s Courts having territorial
competence towards such People’s Courts of provinces;
c) The replacement of Judges being Chief Justice of Collegial People’s Courts shall be decided by
the Chief Justices of Supreme People’s Courts.
2. In Court sessions, the replacement of Judges, People’s Jurors, Ombudspersons or Court clerks
shall be decided by the trial panels after listening to the opinions of the persons requested to be
replaced. The trial panels shall discuss matters in the deliberation rooms and make decisions by
majority. The decision on postponement of the Court session for the replacement of Judges,
People’s Jurors, ombudspersons and/or Court clerks shall be decided by the trial panels. The
appointment of other Judges, People’s Jurors, ombudspersons and/or Court clerks as the
replacement shall be decided by the courts' Chief Justices. If the to bereplaced person is the
court’s Chief Justice, the competence to decide shall conform to regulations in clause 1 of this
Article.
 3. The replacement of Judges and/or Court Clerks when processing the civil matters shall comply
with regulations in clause 1 and clause 2 Article 368 of this Code.
4. Within 03 working days from the day on which the Court session/meeting is postponed, the
court’s Chief Justice shall assign the replacing persons
 Article 57. Tasks and powers of procuracy chairpersons
1. When supervising the law observance in the civil proceedings, the procuracy chairperson shall
have the following tasks and powers:
a) To organize and direct the work of supervising law observance in civil proceedings;
b) To decide on assignment of procurators to supervise law observance in civil proceedings, to
participate in Court sessions for adjudication of civil lawsuits, sessions/meetings for resolution
of civil matters according to the provisions of this Code; to decide on assignment of inspectors
to carry out the civil procedures for civil cases, ensuring the principle specified in clause 2 Article
16 of this Code;
c) To decide on replacement of procurators or inspectors;
d) To appeal according to appellate, cassation or reopening procedures against Courts
judgments or decisions according to the provisions of this Code;
dd) To make requests, proposals according to regulations in this Code;
e) To settle complaints and/or denunciations under the provisions of this Code;
g) To perform the tasks and powers prescribed in law.
2. When the Procuracy Chairperson is absent, a deputy-procuracy chairperson shall be
authorized by the Chairperson to perform his/her tasks and powers, except for the prescribed in
point d clause 1 of this Article. The Deputy-procuracy chairperson shall be answerable to the
procuracy chairperson for the authorized tasks and powers
 Article 58. Tasks and powers of procurators
When assigned by the procuracy chairperson to supervise the law observance in civil
proceedings, the procurators shall have the following tasks and powers:
1. To investigate the return of the petition;
2. To investigate the acceptance and resolution of civil cases;
3. To study the case files; request the Court to verify and collect evidences during the resolution
of civil cases according to provisions of this Code; collect materials and evidences according to
regulations in clause 6 Article 97 of this Code;
4. To attend Court sessions/meetings and express opinions of procuracies about the resolution
of cases according to provisions of this Code;
5. To inspect judgments/decisions of courts;
6. To request Courts to conducted procedural activities as provided for in this Code;
7. To request competent Chairpersons of procuracy to appeal against judgments/decisions of
Courts that is contrary to law;
8. To control the procedural activities of participants; to request competent agencies and
organizations to handled violations of participants in procedures against law;
9. To perform other civil procedural tasks and powers falling within competence of procuracies
as prescribed in this Code
 Article 59. Tasks and powers of inspectors
When assigned to conduct the civil procedures, the inspectors shall have the following tasks and
powers:
1. To study the case files and report the results to procurators;
2. To file civil case inspection files according to the assignment of procurators or chairpersons of
procuracies;
3. To assist procurators to conduct inspection of the compliance with law provisions in civil
procedures.
Chapter VI

PARTICIPANTS IN CIVIL PROCEDURES

Section 1. INVOLVED PARTIES IN civil cases

 Article 68. Involved parties in civil cases

1. The involved parties in civil lawsuits are agencies, organizations and individuals, including the
plaintiffs, the defendants and the persons with related interests and obligations. The involved
parties in civil matters are agencies, organizations and individuals, including the persons
petitioning settlement of civil matters and persons with related interests and obligations. 2. The
litigator in a civil lawsuit is the person that initiates lawsuit or the person for whom the other
agencies, organizations and individuals prescribed by this Code initiates the lawsuit to request
the Court to resolve the civil lawsuit when he/she holds that the legitimate rights and interests
of that person have been infringed upon. Agencies and organizations prescribed by this Code,
which initiate civil lawsuits to request Courts to protect the public interests, the State's interests
in the domains under their respective charges are also plaintiffs.
3. The defendant in a civil lawsuit is the person against whom the plaintiff initiates a lawsuit or
the other agencies, organizations and individuals prescribed by this Code initiates a lawsuit to
request the Court to resolve the civil lawsuit when they hold that the legitimate rights and
interests of the plaintiff have been infringed upon by such person.
4. The persons with related interests and/or obligations in civil lawsuits are those who neither
initiate lawsuits nor are sued, but the resolution of the civil lawsuits is related to their interests
and/or obligations and, therefore they themselves, or other involved parties, request to include
them in the proceedings in the capacity as the persons with related interests and/or obligations
and such requests are accepted by courts.
Where the resolution of a civil lawsuit is related to the interests and/or obligations of a person
but no one requests to include him or her in the proceedings in the capacity as the persons with
related interests and/or obligations, the Court shall have to include that person in the
proceedings in the capacity as the person with related interests and/or obligations.
5. The persons petitioning the resolution of civil matters are those who petition the Court to or
not to recognize a legal event to form the basis for the arising of rights and/or obligations
relating to civil issues, marriage and family, business, trade and labor of themselves or of other
agencies, organizations and individuals; and/or petition the Court to recognize their rights
and/or obligations relating to civil issues, marriage and family, business, trade, labor.
6. The persons with related interests and/or obligations in civil matters are those who do not
petition the resolution of civil matters, but the resolution of the civil matters is related to their
interests and/or obligations and, therefore they themselves, or other involved parties in the civil
matters, request to include them in the proceedings in the capacity as the persons with related
interests and/or obligations and such requests are accepted by the Courts.
Where the resolution of a civil matter is related to the interests and/or obligations of a person
but no one requests to include him or her in the proceedings in the capacity as the persons with
related interests and/or obligations, the Court shall have to include that person in the
proceedings in the capacity as the person with related interests and/or obligations.
 Article 69. The involved parties' civil procedure law capacity and civil procedure act capacity
1. The civil procedure law capacity means the capability to have the law-prescribed rights and
obligations in civil procedures. Every agency, organizations and individuals shall have the same
civil procedure law capacity in petitioning the Court to protect his/her/its legitimate rights and
interests.
 2. The civil procedure act capacity means the ability to exercise one's own rights and obligations
by him/herself in civil procedures or authorize his/her representative to participate in civil
procedures.
3. The involved parties being persons aged full 18 years or older shall have full civil procedure
act capacity, except for legally incapacitated person or except otherwise provided for by law.
Regarding persons with limited capacity of exercise, people with limited cognition or behavior
control, their civil procedure act capacity shall be determined according to the decision of the
Court.
4. The involved parties being persons aged under 6 years or persons losing their civil act capacity
shall not have the civil procedure act capacity. The exercise of the civil proceeding rights and/or
obligations of such persons, the protection of the legitimate rights and interests of such persons
at Courts shall be performed by their lawful representatives.
5. For the involved parties being persons aged between full 6 and under 15 years, the protection
of their civil proceeding rights and/or obligations and the protection of legitimate rights and
interests of such persons at Courts shall be performed by their lawful representatives.
Regarding persons with limited capacity of exercise, people with limited cognition or behavior
control, their civil procedure act rights and/or obligations and the protection of their legitimate
rights and interests shall be determined according to the decision of the Court.
6. The involved parties being persons aged between full 15 years and under 18 years, who have
worked under labor contracts or involved in civil transactions with their own properties shall
have the right to participate in civil procedures themselves regarding matters related to such
labor or civil relations. In such cases, the Court shall have the right to summon their lawful
representatives to participate in the procedures. For other matters, the exercise of the civil
proceeding rights and/or obligations of such persons at Courts shall be performed by their
lawful representatives.
7. The involved parties being agencies, organizations shall participate in civil procedures through
their lawful representatives.
 Article 70. Rights and obligations of the involved parties
The involved parties shall have equal rights and obligations when participating in civil
procedures. When participating in civil procedures, the involved parties shall have the following
rights and obligations:
1. To respect courts, and strictly observe the court's rules;
2. To advance Court fees and charges and pay Court fees and charges and other expenses as
prescribed by law;
3. To provide sufficiently and accurately address of their residence/work place; during the
resolution of cases, any change of address of residence/workplace shall be promptly notified
other involved parties and the Court;
4. To maintain, modify, supplement or withdraw their petitions in accordance with this Code;
5. To supply materials and evidences; to prove to protect their legitimate rights and interests;
6. To petition agencies, organizations and individuals that are keeping or managing materials
and evidences to supply such materials and evidences to them;
7. To petition the Court to verify and collect materials and evidences of the cases which they
cannot perform themselves; petition the Court to request other involved parties to present
materials and evidences they are keeping; petition the Court to issue the decision to request the
agencies, organizations and individuals that are keeping and managing the materials/evidences
to supply such materials and evidences; request the Court to summon witnesses, to ask for
expertise, evaluation or price appraisal;
8. To read and take notes, make photocopies of materials and evidences produced by other
involved parties or collected by courts, except for materials and evidences specified in clause 2
Article 109 of this Code;
 9. To send other involved parties or their lawful representatives photocopies of the petition and
materials and evidences, excluding evidences and materials that other involved parties have
been provided with as prescribed in clause 2 Article 109 of this Code. For cases where the
photocopies of lawsuit petition, materials and evidences cannot be made due to good and
sufficient reasons, they may request the Court to assist;
10. To request Courts to decide on the application, change or cancellation of the application of
provisional emergency measures;
11. To reach agreement with one another on the resolution of cases: to participate in mediation
conducted by courts;
12. To receive regular notices for the exercise of their rights and obligations; 13. To protect by
themselves or ask other persons to protect their legitimate rights and interests;
14. To petition the replacement of civil proceeding officers or participants in civil procedures in
accordance with this Code;
15. To participate in the Court sessions according to the provisions of this Code;
16. To be present according to Court summons and abide by Court decisions during the
settlement of their cases;
17. To ask the Courts to summon persons with related interests and obligations to participate in
civil procedures;
18. To ask Courts to suspend the settlement of their cases in accordance with this Code;
19. To make questions to other persons on matters related to the cases or to propose to Courts
matters which need to be questioned on other persons; to confront each other or witnesses;
20. To argue in Court sessions, to present argument about assessment of the evidence and the
applied law provisions;
21. To be provided with extracts of Court judgments, judgments or decisions;
22. To appeal against or complain about Court judgments or decisions in accordance with Code;
23. To ask competent persons to appeal according to cassation or reopening procedures against
legally effective judgments or decisions of courts;
24. To strictly abide by legally effective judgments or decisions of courts; 25. To enjoy rights of
involved parties in a way that such rights are not misused to obstruct the procedures of Courts
and/or other involved parties; to bear the consequences prescribed by this Code if failing to
fulfill obligations;
26. To have other rights and obligations prescribed by law.
 Article 71. Rights and obligations of the plaintiffs
1. The involved parties' rights and obligations prescribed in Article 70 of this Code.
2. To modify the contents of lawsuit claims; withdraw part or whole of their lawsuit claims.
3. To agree or disagree with part or whole of the counter-claims of defendant, persons with
related interests and/or obligations who have independent claims.
 Article 72. Rights and obligations of the defendants
1. The involved parties' rights and obligations prescribed in Article 70 of this Code.
2. To be notified by Courts of the lawsuits against them.
3. To agree or disagree with part or whole of the claims of the plaintiff, persons with related
interests and/or obligations who have independent claims.
4. To make counter-claims against the plaintiffs if they are related to the plaintiffs' claims or set
off the obligations claimed by the plaintiffs. For counter-claims, the defendants shall have the
plaintiffs' rights and obligations prescribed in Article 71 of this Code.
5. To make independent claims for persons with relevant interests and/or obligations and such
claims shall relevant to the lawsuit settlement. For independent claims, the defendants shall
have the plaintiffs' rights and obligations prescribed in Article 71 of this Code.
6. If the counter-claims or the independent claims are not accepted by the Court to be resolved
in the same case, the defendant may initiate another lawsuit.
  Article 73. Rights and obligations of the persons with related interests and/or obligations
1. Persons with related interests and/or obligations shall have the following rights and
obligations:
a) The rights and obligations prescribed in Article 70 of this Code;
b) To be allowed to make independent claims or participate in the procedures on the side of the
plaintiffs or the defendants.
2. If the persons with related interests and obligations make independent claims and such
independent claims are related to the lawsuit settlement, they shall have the plaintiffs' rights
and obligations prescribed in Article 71 of this Code. If different independent claims are not
accepted by the Court to be resolved in the same case, the persons with related interests and/or
obligations may initiate another lawsuit.
3. If the persons with related interests and/or obligations participate in the procedures on the
side of the plaintiff or only have interests, they shall have the plaintiffs' rights and obligations
prescribed in Article 71 of this Code.
4. If the persons with related interests and/or rights participate in the procedures on the side of
the defendants or only have obligations, they shall have the defendants' rights and obligations
prescribed in Article 72 of this Code.
 Article 74. Inheritance of procedural rights and obligations
1. Where the involved parties being individuals die while participating in the procedures and
their property rights and obligations are inherited, their heirs shall participate in the procedures.
2. Where the involved parties being agencies or organizations have to terminate their
operations or to be dissolved, consolidated, merged, divided, separated or organizationally
transformed while participating in the procedures, the inheritance of their procedural rights and
obligations shall be determined as follows:
a) Where the organizations that have to terminate their operations or to be dissolved are joint
stock companies, limited liability companies or partnerships, the individuals and/or
organizations being members of such organizations or their lawful representatives shall
participate in the procedures;
b) Where the agencies, organizations that have to terminate their operations or to be dissolved
are regulatory agencies, people's armed force units, political organizations, socio-political
organizations, professional and socio-political organizations, social organizations, socio-
professional organizations or state-owned enterprises, the lawful representatives of the
superior agencies of such agencies/organizations or the lawful representatives of the
agencies/organizations which take over the former's rights and obligations shall participate in
the procedures;
c) Where the organizations are consolidated, merged, divided, separated or organizationally
transformed, the individuals or organizations that take over the former's rights and obligations
shall participate in the procedures.
3. Where the owners of the organizations are changed and the rights and obligations are
transferred to the new owners, the new owners shall inherit the procedural rights and
obligations.
4. Where the organizations received the rights and obligations according to civil law provisions,
such organizations shall inherit the procedural rights and obligation.
5. Where the organizations other than legal persons participate in the procedures but their
representatives or managers die, such organizations shall have to appoint other persons as their
representatives to participate in the procedures; if such organizations fail to appoint
representatives or have to terminate their operations or to be dissolved, the individuals being
members of such organizations shall participate in the procedures

Section 2. OTHER PARTICIPANTS IN THE PROCEDURES

 Article 75. Defense counsels of involved parties' legitimate rights and interests
1. The defense counsels of involved parties' legitimate rights and interests are persons who
participate in the procedures to protect the involved parties' legitimate rights and interests.
2. The following persons can act as defense counsels of the involved parties legitimate rights
and interests when they were asked by the involved parties and have been accepted by Courts
to participate in the procedures to protect the involved parties’ legitimate rights and interests:
a) Lawyers who participate in the procedures under the provisions of the legislation on lawyers;
b) Legal aid officers or persons participating in legal aid under the law on legal aid;
c) Representatives of employee collective’s representative organizations who are defense
counsels of employee’s legitimate rights and interests in labor cases according to legislation on
labor and trade union;
d) Vietnamese citizens who have full civil act capacity, have clean criminal records or have been
expunged convictions, who do not fall into the cases subject to the application of administrative
handling measures; who are not cadres or civil servants in the Court or procuracy sector, officers
or non-commissioned officers in the public security force.
3. The defense counsels of the involved parties' legitimate rights and interests can defend the
legitimate rights and interests of more than one involved party in the same case, if those
persons' legitimate rights and interests do not conflict each other. Many defense counsels of the
involved parties' legitimate rights and interests may jointly defend the legitimate rights and
interests of one involved party in a case.
4. When applying the Court to carry out the registration procedure for defense counsels of
involved parties’ legitimate rights and interests, the applicant shall present the following papers:
a) The lawyers shall present papers according to regulations in the Law on lawyers;
b) Legal aid officers or persons participating in legal aid under the law on legal aid shall present
the written appointment for legal aid issued by the organizations providing legal aid and the
cards of legal aids or lawyer’s card;
c) Representatives of employee collective’s representative organization shall present the writing
that such organizations have appointed them to defend the legitimate rights and interests of the
employees/collective labor;
d) Vietnamese citizens satisfying conditions specified in point d clause 2 of this Article shall
present the written petitions of the involved parties and their identity papers.
5. After checking papers, if the applicant is satisfactory to act as the defense counsel of the
involved parties’ legitimate rights and interests as prescribed in clauses 2, 3 and 4 of this Article,
within 03 working days from the day on which the application is received, the Court shall record
to the register the defense counsel of the involved parties’ legitimate rights and interests and
shall certify the application for defense counsels of the involved parties. If the application is
rejected, the Court shall send the applicant a written notification containing the explanation.
 Article 76. Rights and obligations of defense counsels of the involved parties' legitimate rights
and interests
1. To participate in the procedures right at the time of lawsuit initiation or at any stage in the
civil procedures.
2. To collect and supply materials and evidences to courts; to study case files and to take notes,
to copy necessary materials in the case files in order to defend the legitimate rights and
interests of the involved parties, except for materials and evidences specified in clause 2 Article
109 of this Code.
3. To participate in mediation, Court sessions or make their written defense of the legitimate
rights and interests of the involved parties to Courts for consideration.
4. To petition on behalf of the involved parties the replacement of proceeding officers and/or
other procedure participants according to the provisions of this Code.
 5. To provide involved parties with legal aid related to the defense of their legitimate rights and
interests; if they are authorized by the involved parties, they shall receive the papers and
procedural documents that are transmitted or notified by the Court on behalf of the involved
parties and shall give then to the involved parties.
6. To comply with rights and obligations specified in clauses 1, 6, 16, 17, 18, 19 and 20 of Article
70 of this Code. 7. To have other rights and obligations prescribed by law
 Article 77. Witnesses
Persons who know details related to the contents of cases may be summoned by Courts at the
request of the involved parties to participate in the procedures in the capacity as witnesses.
Persons who lose their civil act capacity cannot act as witnesses.
 Article 78. Rights and obligations of witnesses
1. To supply all information, documents and/or objects they have obtained, which are related to
the resolution of cases.
2. To honestly declare details they know, which are related to the resolution of cases.
3. To refuse to make declarations if their declarations are related to State secrets, professional
secrets, business secrets, personal secrets, family secrets or such declarations adversely affect
or harm the involved parties being their close relatives.
4. To be off duty while the Courts summon them or take their testimonies, if they work in
agencies or organizations.
5. To be paid related expenses according to law provisions.
6. To petition the Courts which have summoned them and competent agencies to protect their
lives, health, honor, dignity, properties and other legitimate rights and interests when
participating in the procedures; to complain about procedural acts of proceeding officers.
7. To compensate and take legal responsibility for damage caused to the involved parties or
other persons by their untruthful testimonies.
8. To be present at courts, Court sessions/meetings under the court's summon of the Courts if
the witness's testimony must be given publicly at courts, Court sessions/meetings; where
witnesses fail to show up in Court sessions/meetings without good and sufficient reasons and
their absence obstruct the adjudication/resolution, the Judges, the trial panels or the civil
matter resolution council may issue decisions to escort them to Court sessions/meetings, unless
the witnesses are minors.
9. To make commitments before Courts to perform their rights and obligations, except for cases
where the witnesses are minors.

LAW ON COMMERCIAL ARBITRATION

CHAPTER 1 - GENERAL PROVISIONS

 Article 1 Governing scope

This Law regulates commercial arbitration competence, arbitration forms, arbitration
institutions and arbitrators; order and procedures for arbitration; rights, obligations and
responsibilities of parties to arbitration proceedings; competence of courts over arbitration
activities; organization and operation of foreign arbitration in Vietnam; and enforcement of
arbitral awards.
 Article 2 Competence of arbitration to resolve disputes:
1. Disputes between parties arising from commercial activities.
2. Disputes arising between parties at least one of whom is engaged in commercial activities.
3. Other disputes between parties which the law stipulates shall or may be resolved by
arbitration.
 Article 3 Interpretation of terms
In this Law, the following terms shall be construed as follows:
 1. Commercial arbitration means a dispute resolution method agreed by the parties and
conducted in accordance with the provisions of this Law.
2. Arbitration agreement means an agreement between the parties to use arbitration to resolve
a dispute which may arise or which has arisen.
3. Parties in dispute mean Vietnamese or foreign individuals, bodies or organizations which
participate in arbitration proceedings in the capacity of claimants or respondents.
4. Dispute with a foreign element means a dispute arising in commercial relations involving, or
in some other legal relationships involving a foreign element as prescribed in the Civil Code
5. Arbitrator means a person selected by the parties or appointed by an arbitration centre or by
a court to resolve a dispute in accordance with the provisions of this Law.
6. Institutional arbitration means the form of dispute resolution at an arbitration centre in
accordance with the provisions of this Law and the procedural rules of such arbitration centre.
7. Ad hoc arbitration means the form of dispute resolution in accordance with the provisions of
this Law and the order and procedures as agreed by the parties.
8. Dispute resolution location means the location where the arbitration tribunal conducts the
dispute resolution as agreed by the parties, or as decided by the arbitration tribunal if the
parties do not have such an agreement. If the dispute resolution location is within the territory
of Vietnam then the award must be deemed to have been rendered in Vietnam irrespective of
the location at which the arbitration tribunal conducted sessions in order to issue such award.
9. Arbitral decision means a decision of the arbitration tribunal during the dispute resolution
process.
10 Arbitral award means the decision of the arbitration tribunal resolving the entire dispute and
terminating the arbitration proceedings.
11. Foreign arbitration means arbitration established in accordance with foreign arbitration law
which the parties agree to select to conduct dispute resolution, either inside or outside the
territory of Vietnam.
12. Foreign arbitral award means an award rendered by foreign arbitration either inside or
outside the territory of Vietnam in order to resolve a dispute as agreed by the parties.
 Article 4 Principles for dispute resolution by arbitration
1. Arbitrators must respect the agreement of the parties if it does not breach prohibitions and is
not contrary to social morals.
2. Arbitrators must be independent, objective and impartial, and must comply with provisions of
law.
3. Parties in dispute shall have equal rights and obligations. Arbitration tribunals shall be
responsible to facilitate the parties to exercise their rights and to discharge their obligations.
4. Dispute resolution by arbitration shall be conducted in private, unless otherwise agreed by
the parties.
5. An arbitral award shall be final
 Article 5 Conditions for dispute resolution by arbitration
1. A dispute shall be resolved by arbitration if the parties have an arbitration agreement. An
arbitration agreement may be made either prior to or after a dispute arises.
2. If one of the parties to an arbitration agreement is an individual who dies or who loses
capacity for acts, then the arbitration agreement shall remain effective against the heir or legal
representative of such former individual, unless otherwise agreed by the parties.
3. If one of the parties to an arbitration agreement is an organization which must terminate its
operation, becomes bankrupt, dissolves, consolidates, merges, demerges, separates or converts
its organizational form, then the arbitration agreement shall remain effective against the
organization which succeeds to the rights and obligations of such former organization, unless
otherwise agreed by the parties.
 Article 6 Court refusal to accept jurisdiction if there is an arbitration agreement
 Where the parties in dispute already have an arbitration agreement but one party institutes
court proceedings, the court must refuse to accept jurisdiction unless the arbitration agreement
is void or incapable of being performed.
 Article 7 Determining which court has competence over arbitration activities
1. If the parties already have an agreement to choose a specific court, then such court as chosen
by the parties shall be the competent court.
2. If the parties do not have an agreement to choose a court, then the competent court shall be
determined as follows:
(a) For appointment of an arbitrator to establish an ad hoc arbitration tribunal, the competent
court shall be the court in the place where the respondent resides if the respondent is an
individual, or where the respondent has its head office if the respondent is an organization. If
there are a number of respondents, then the competent court shall be the court in the place
where one of such respondents resides or has its head office.
If the respondent resides or has its head office overseas, then the competent court shall be the
court in the place where the claimant resides or has its head office.
(b) For the replacement of an arbitrator in an ad hoc arbitration tribunal, the competent court
shall be the court in the place where the arbitration tribunal resolves the dispute;
(c) For an appeal against the decision of an arbitration tribunal that the arbitration agreement
was void or incapable of being performed or about the jurisdiction of the arbitration tribunal,
the competent court shall be the court in the place where the arbitration tribunal issued [such]
decision;
(d) For an application to a court to collect evidence, the competent court shall be the court in
the place where such evidence requiring collection exists;
(dd) For an application to a court to grant interim relief, the competent court shall be the court
in the place where the relief needs to be applied;
(e) For summoning witnesses, the competent court shall be the court in the place where the
witnesses reside; For an application to set aside an arbitral award or to register an ad hoc
arbitral award, the competent court shall be the court in the place where the arbitration
tribunal rendered such award.
3. Courts with competence over the arbitration activities prescribed in clauses 1 and 2 of this
article shall be people's courts of provinces and cities under central authority.
 Article 8 Determining which enforcement agency has competence to enforce arbitral awards
and interim relief decisions of arbitration tribunals
1. The civil enforcement agency with competence to enforce an arbitral award shall be the civil
enforcement agency in the province or city under central authority where the arbitration
tribunal rendered the award.
2. The civil enforcement agency with competence to enforce an interim relief decision of an
arbitration tribunal shall be the civil enforcement agency in the province or city under central
authority where the relief needs to be applied.
 Article 9 Negotiation and conciliation during arbitration proceedings
Parties shall have the freedom, during the process of arbitration proceedings, to negotiate and
reach agreement with each other to resolve their dispute, or to request the arbitration tribunal
to mediate in order for the parties to reach agreement and resolve their dispute
 Article 10 Language
1. For disputes without a foreign element, the language to be used in arbitration proceedings
shall be Vietnamese, except in a dispute to which at least one party is an enterprise with foreign
invested capital. If a party in dispute cannot use Vietnamese, then it may use an interpreter [to
translate] into Vietnamese.
2. For disputes with a foreign element, disputes to which at least one party is an enterprise with
foreign invested capital, the language to be used in arbitration proceedings shall be as agreed by
 the parties. If the parties do not have such an agreement, then the language to be used in the
arbitration proceedings shall be as decided by the arbitration tribunal
 Article 11 Location for dispute resolution by arbitration
1. Parties shall have the right to reach agreement on the dispute resolution location; if the
parties do not have such an agreement, then the location shall be as decided by the arbitration
tribunal. The dispute resolution location may be inside or outside the territory of Vietnam.
2. Unless otherwise agreed by the parties, the arbitration tribunal may conduct sessions at a
location which it deems appropriate for mutual consultation between the arbitrators, for taking
statements from witnesses, for seeking advice from experts, or for conducting evaluations of
goods, assets or other materials.
 Article 12 Service of notices and order for service of notices
The method and order for service of notices in arbitration proceedings shall be regulated as
follows, unless otherwise agreed by the parties or otherwise stipulated by the procedural rules
of the arbitration centre:
1. Explanatory statements, communications and other materials as served by any one party
must be sent to the arbitration centre or arbitration tribunal in sufficient copies so that each
member of the arbitration tribunal has one copy, the other party has one copy, and one copy is
archived at the arbitration centre.
2. Notices and materials served by an arbitration centre and/or arbitration tribunal on the
parties must be sent to the addresses of the parties or to their representatives at the correct
addresses as notified by such parties.
3. An arbitration centre and/or arbitration tribunal may serve notices and materials by hand
delivery, registered letter, ordinary mail, fax, telex, telegram, email or any other method which
acknowledges such service.
4. Notices and materials sent by an arbitration centre and/or arbitration tribunal shall be
deemed received on the date on which the parties or their representatives received them or
they are deemed received, if such notices and materials were sent in conformity with the
provisions in clause 2 of this article.
5. The time-limit for receipt of a notice or material shall be calculated from the day following the
day on which such notice or material is deemed received. If the following day is a public or other
holiday as prescribed in regulations of the country or territory where such notice or material
was served, then this time-limit shall be calculated from the first business day [after such
holiday]. If the last day of this time-limit falls on a public or other holiday as prescribed in
regulations of the country or territory where such notice or material is served, then the deadline
shall be the close of the next business day [after such holiday].
 Article 13 Loss of right to object
If a party discovers a breach of the provisions of this Law or of the arbitration agreement but
continues to conduct the arbitration proceedings and does not object to such breach within the
time-limit stipulated in this Law, [such party] shall lose the right to object at the arbitration or
before the court.
 Article 14 Applicable law in dispute resolution
1. For disputes without a foreign element, the arbitration tribunal shall apply the law of Vietnam
in order to resolve the dispute.
2. For disputes with a foreign element, the arbitration tribunal shall apply the law chosen by the
parties; if the parties do not have an agreement on applicable law, then the arbitration tribunal
shall make a decision to apply the law which it considers the most appropriate.
3. If the law of Vietnam [or] the law chosen by the parties does not contain specific provisions
relevant to the matters in dispute, then the arbitration tribunal may apply international customs
in order to resolve the dispute if such application or the consequences of such application are
not contrary to the fundamental principles of the law of Vietnam.
CHAPTER 2 ARBITRATION AGREEMENTS

 Article 16 Form of arbitration agreements

1. An arbitration agreement may be in the form of an arbitration clause in a contract or it may
be in the form of a separate agreement.
2. An arbitration agreement must be in writing. The following forms of agreement shall also be
deemed to constitute a written arbitration agreement: (a) An agreement established via an
exchange between the parties by telegram, fax, telex, email or other form prescribed by law;
(b) An agreement established via the exchange of written information between the parties;
(c) An agreement prepared in writing by a lawyer, notary or competent organization at the
request of the parties;
(d) Reference by the parties during the course of a transaction to a document such as a contract,
source document, company charter or other similar documents which contain an arbitration
agreement
Exchange of a statement of claim and defense which express the existence of an agreement
proposed by one party and not denied by the other party.
 Article 17 Right of consumers to select dispute resolution method
For disputes between a goods and/or service provider [on the one hand] and consumers [on the
other hand], even if such provider has drafted and inserted an arbitration clause in its standard
conditions on supply of such goods and services, a consumer shall still have the right to select
arbitration or a court to resolve the dispute. A goods and/or service provider shall only have the
right to institute arbitration proceedings if the consumer so consents.
 Article 18 Void arbitration agreements
1. The dispute arises in a sector outside the competence of arbitration prescribed in article 2 of
this Law.
2. The person who entered into the arbitration agreement lacked authority as stipulated by law.
3. The person who entered into the arbitration agreement lacked civil legal capacity pursuant to
the Civil Code.
4. The form of the arbitration agreement does not comply with article 16 of this Law.
5. One of the parties was deceived, threatened or coerced during the process of formulation of
the arbitration agreement and requests a declaration that the arbitration agreement is void.
6. The arbitration agreement breaches a prohibition prescribed by law.
 Article 19 Independence of arbitration agreements
An arbitration agreement shall exist totally independently of the contract. Any modification,
extension or rescission of the contract, or invalidity or unenforceability of the contract shall not
result in the invalidity of the arbitration agreement.

CHAPTER 3 - ARBITRATORS

 Article 20 Qualifications of arbitrators

1. A person with all the following qualifications may act as an arbitrator:
(a) Having full civil legal capacity as prescribed in the Civil Code;
(b) Having a university qualification and at least five years' work experience in the discipline
which he or she studied;
(c) In special cases an expert with highly specialized qualifications and considerable practical
experience may still be selected to act as an arbitrator notwithstanding he/she fails to satisfy
the requirements prescribed in sub-clause (b) above .
2. A person with all the qualifications prescribed in clause 1 of this article but who falls into one
of the following categories shall not be permitted to act as an arbitrator:
 (a) A person who is currently a judge, prosecutor, investigator, enforcement officer, or official of
a people's court, of a people's procuracy, of an investigative agency or of a judgment
enforcement agency;
(b) A person under a criminal charge or prosecution or who is serving a criminal sentence or
who has fully served the sentence but whose criminal record has not yet been cleared.
3. An arbitration centre may stipulate higher qualifications than those prescribed in clause 1 of
this article as applicable to arbitrators in its institution.
 Article 21 Rights and obligations of arbitrators
1. To accept or refuse to resolve a dispute.
2. To remain independent during dispute resolution.
3. To refuse to provide information about a dispute.
4. To receive remuneration.
5. To maintain confidentiality of the contents of the dispute which he or she resolves, unless
information must be provided to a competent State authority in accordance with law
6. To ensure that resolution of a dispute is impartial, speedy and prompt.
7. To comply with professional ethics rules.
 Article 22 Arbitrators' Association
The Arbitrators' Association shall be a socio-professional organization of arbitrators and
arbitration centres throughout the entire country. Establishment and operation of the
Arbitrators' Association shall be implemented in accordance with the law on professional
associations.

CHAPTER 4 – ARBITRATION CENTRES

 Article 23 Functions of arbitration center

An arbitration centre shall have the function of organizing and co-ordinating activities of dispute
resolution by institutional arbitration, and of assisting arbitrators by providing administrative
and office facilities and other assistance during the process of the arbitration proceedings.
 Article 24 Conditions and procedures for establishment of arbitration center
1. An arbitration centre may be established if there is a request for establishment from at least
five founding members who are Vietnamese citizens and fully qualified to act as arbitrators in
accordance with article 20 of this Law, and if the Minister of Justice issues an establishment
license
2. An application file for establishment of an arbitration centre shall comprise: (a) Request for
establishment;
(b) Draft charter of the arbitration centre on the standard form issued by the Ministry of Justice;
(c) List of founding members and accompanying documents proving that such members satisfy
all the conditions prescribed in article 20 of this Law.
3. The Minister of Justice shall, within thirty (30) days from the date of receipt of a complete and
valid application file, issue an establishment licence for the arbitration centre and approve its
charter; in a case of refusal, a written reply specifying the reasons must be provided
 Article 25 Registration of operation of arbitration center
An arbitration centre must, within thirty (30) days from the date of receipt of its establishment
licence, register its operation with the Department of Justice in the province or city under
central authority where it has its head office. If upon the expiry of this time-limit the arbitration
centre has failed to carry out registration, then its licence shall no longer be valid. The
Department of Justice shall issue a certificate of registration of operation for the arbitration
centre no later than fifteen (15) days from the date of receipt of the request for registration
 Article 26 Announcement of establishment of arbitration center
1. An arbitration centre must, within thirty (30) days from the date of issuance of its certificate
of registration of operation, publish an announcement in three consecutive issues of a central
 daily newspaper or daily newspaper in the locality where it registered its operation, with the
following main particulars: (a) Name and address of head office of the arbitration centre;
(b) Operational activities of the arbitration centre;
(c) Serial number of the certificate of registration of operation, issuing body and date of issuance
of such certificate;
(d) Date of commencement of operation of the arbitration centre.
2. An arbitration centre must display at its head office a notice of the particulars stipulated in
clause 1 of this article and a list of arbitrators of the arbitration centre.
 Article 27 Legal entity status and structure of arbitration center
1. An arbitration centre shall have legal entity status, and its own seal and bank account.
2. An arbitration centre shall be a non-profit institution.
3. An arbitration centre shall be permitted to establish branches and representative offices both
within Vietnam and overseas.
4. An arbitration centre shall have an executive committee and a secretariat. The structure and
apparatus of the arbitration centre shall be as prescribed in its charter.
The executive committee of an arbitration centre shall comprise the chairman and one or more
vice chairmen, and it may also include a general secretary appointed by the chairman. The
chairman of the arbitration centre shall be an arbitrator.
5. An arbitration centre shall have a list of arbitrators
 Article 28 Rights and obligations of arbitration center
1. To formulate the charter and procedural rules of the arbitration centre, which shall be
consistent with the provisions of this Law.
2. To prescribe the qualifications required for arbitrators and the rules on selection and
www.economica.vn Unofficial Translation. For Reference only. 11 removal of the name of an
arbitrator from the list of arbitrators of such centre.
3. To send the list of arbitrators of the arbitration centre and any changes to such list to the
Ministry of Justice for announcement.
4. To appoint arbitrators to establish an arbitration tribunal in the cases prescribed in this Law.
5. To provide arbitration and mediation services and other commercial dispute resolution
methods prescribed by law.
6. To supply administrative and office facilities and other services for dispute resolution.
7. To collect arbitration fees and other lawful fees relevant to arbitration activities.
8. To pay remuneration and other expenses to arbitrators.
9. To hold courses for arbitrators to reinforce their knowledge and skills in dispute resolution.
10. To report annually on the operation of the arbitration centre to the Department of Justice in
the locality where the arbitration centre has registered its operation.
11. To archive files and to provide copies of arbitral decisions at the request of the parties in
dispute or of a competent State authority.
 Article 29 Termination of operation of arbitration center
1. The operation of an arbitration centre shall terminate in the following circumstances:
(a) In the circumstances prescribed in the charter of the arbitration centre;
(b) Upon revocation of the establishment licence or certificate of registration of operation of the
arbitration centre. An arbitration centre shall be permitted to establish branches and
representative offices both within Vietnam and overseas.
2. The Govemment shall provide detailed regulations on the circumstances in which an
establishment licence or certificate of regestration of operation of an arbitration centre shall be
revoked, and on the order and procedures for termination of operation of an arbitration centre.

CHAPTER 5 – INSTITUTING [ ARBITRATION] PROCEEDINGS

 Article 30 Statement of claim and accompanying materials

 1. In the case of dispute resolution at an arbitration centre, the claimant prepare a statement of
claim and send it to the arbitration centre. In the case of dispute resolution by ad hoc
arbitration, the claimant shall prepare a statement of claim and send it to the respondent.
2. A statement of claim shall contain the following particulars:
(a) Date on which the statement of claim is made
(b) Names and addresses of the parties, and names and addresses of witnesses, if any;
(c) Summary of the matters in dispute;
(d) Grounds and evidence, if any, of the claim;
(e) Specific relief sought by the claimant and value of the dispute;
(f) Name and address of the person whom the claimant selects as arbitratior or request for an
arbitrator to be appointed.
3. The arbitration agreement and originals or copies of relevant materials must accompany the
statement of claim.
 Article 31 Time of commencement of arbitration proceedings
1. In the case of dispute resolution at an arbitration centre and unless otherwise agreed by the
parties, the time of commencement of the arbitration proceedings shall be upon receipt by the
arbitration centre of the statement of claim from the claimant.
2. In the case of dispute resolution by ad hoc arbitration and unless otherwise agreed by the
paties, the time of commencement of the arbitration proceedings shall be upon receipt by the
respongdent of the statement of claim of the claimant.
 Article 32 Notification of statement of claim
Unless otherwise agreed by the parties or otherwise stipulated by the procedural rules of the
arbitration centre, the arbitration centre must within ten (10) days from the date of receipt of
the statement of claim with accompanying materials and a receipt of the provisional advance of
arbitration fees, send the 30.3 fo this Law.
 Article 33 Limitation period for initiating proceedings for dispute resolution by arbitration
The limitation period for initating proceedings for dispute resolution by arbitration shall be two
(2) years from the date of infringement of legal rights and interests, unless otherwise stipulated
by specialized law.
 Article 34 Arbitration fees
1. Arbitration fees are the fees collected for the provision of services for dispute resolution by
arbitration. Arbitration fees shall comprise
(a) Remuneration and travelling and other expenses of arbitrators;
(b) Fees for expert consultancy and other assistance requested by the arbitration tribunal;
(c) Administrative fees;
(d) Fees for use of other necessary services provided by the arbitration centre. 2. The arbitration
centre shall fix the arbitration fees. In the case of dispute resolution by ad hoc arbitration, the
arbitration tribunal shall fix the arbitration fees.
3. The party which loses the case must pay the arbitration fees, unless otherwise agreed by s the
parties or otherwise stipulated by the procedural ruled of the arbitration centre, or unless the
arbitration tribunal makes some other allocation of fees.
 Article 35 Defense and submission of the defense
1. A defence shall contain the following particulars:
(a) Date on which the defence is made;
(b) Name and address of the respondent;
(c) Grounds and evidence, if any, in support of the defence;
(d) Name and address of the person whom the respondent selects as arbitrator or request for
an arbitrator to be appoined.
2. In the case of dispute resolution at an arbitration centre, unless otherwise agreed by the
parties or otherwise stipulated by the procedural rules of the arbitration centre, the respondent
 must send the defence to the arbitration centre within thirty (30) days from the dated of receipt
of the statement of claim and accompanying materials. If one or all parties so request, the
arbitration centre may extend this time-limit depending on the particualr circumstances of the
case.
3. In the case of dispute resolution by ad hoc arbitration, unless otherwise agreed by the paties,
within thirty (30) days from the date of receipt of the statement of claim and accompanying
materials of the claimant, the respondent must send the defence to the claimant and the
arbitrator/s and the name and address of the person whom the respondent selects as arbitrator.
4. If the respondent alleges that the dispute is outside the jurisdiction of arbitration, or alleges
that there is no arbitration agreement of that the arbitration agreement is void or incapable of
being performed, the respondent must specify such allegations in the defence.
5. If the respondent fails to submit the defence as prescribed in clauses 2 and 3 of this article,
the dispute resolution process shall still proceed.
 Article 36 Counterclaim by respondent
1. A respondent shall have the right to file a counterclaim against the claimant on issues
relevant to the dispute.
2. The counterclaim of the respondent must be sent to the arbitration centre. In the case of
dispute resolution by ad hoc arbitration, the counterclaim must be sent to the arbitration
tribunal and the claimant. Counterclaims must be submitted at the same time as the defence.
3. The claimant must send a defence [ to counterclaim] to the arbitration centre which thirty
(30) days from the date of receipt of the counterclaim. In the case of dispute by ad hoc
arbitration, the claimant must send the defence to counterclaim to the arbitration tribunal and
to the respondent.
4. The arbitration tribunal which resolves the statement of claim of the claimant shall also
resolve the counterclaim in accordance with the provisions in this Law on order and procedures
for resolving a statement of claim of a claimant.
 Article 37 Withdrawal of statement of claim or counterclaim: amendment or addition to
statement of claim, counterclaim or defenses
1. Parties shall have the right to withdraw their statement of claim and/or counterclaim befor
the arbitration tribunal issues the arbital award.
2. Parties may amend or add to their statement of claim, counterclaim of defences throughout
the process of the arbitration proceedings. The arbitration tribunal shall have the right to
disallow such amendments or additions if it considers they are an abuse aimed at causing
difficulties or delaying the issuance of an arbitral award, or if they exceed the scope of the
arbitration agreement applicable to the dispute.
 Article 38 Negotiation during arbitration proceedings
Parties shall still have the right, as from the time of commencement of arbitration proceedings,
to voluntarily negotiate and reach agreement on termination of the dispute resolution. If the
parties reach their own agreement on termination of the dispute resolution, they shall have the
right to request the chaỉman of the arbitration centre issue a decision staying the dispute
resolution

CHAPTER 6 – ARBITRATION TRIBUNAL

 Article 39 Composition of arbitration tribunal

1. An arbitration tribunal may consist of one or more arbitrators, depending on the agreement
of the parties.
2 If the parties do not have an agreement on the number of arbitrators, an arbitration tribunal
shall consist of three (3) arbitrators.
 Article 40 Establishment of arbitration tribunal at arbitration center
 Establishment of an arbitration tribunal shall be regulated as follows, unless otherwise agreed
by the parties or otherwise stipulated by the procedural rules of the arbitration centre:
1. The respondent shall, within thirty (30) days from the date of receipt of the statement of
claim and request to select an arbitrator as sent to the respondent by the arbitration centre,
select an arbitrator for the respondent and notify the arbitration centre of same or request the
chairman of the arbitration centre appoint an arbitrator. If the respondent has failed to select an
arbitrator or to request that the chairman of the arbitration centre appoint an arbitrator, then
within a further seven (7) days after expiry of the time-limit provided in this clause, the
chairman of the arbitration centre shall appoint an arbitrator for the respondent.
2. If a dispute involves multiple respondents, then the respondents shall agree on selection of an
arbitrator or agree on requesting appointment of an arbitrator for such respondents within
thirty (30) days from the date of receipt of the statement of claim sent by the arbitration centre.
If the respondents have failed to select an arbitrator, then within a further seven (7) days after
expiry of the time-limit provided in this clause, the chairman of the arbitration centre shall
appoint an arbitrator for the respondents.
3. The arbitrators shall, within fifteen (15) days from the date of their selection by the parties or
appointment by the chairman of the arbitration centre, elect another [third] arbitrator to act as
chairman of the arbitration tribunal. If such election has not taken place upon the expiry of this
time- limit, then within a further seven (7) days after expiry of the time-limit provided in this
clause, the chairman of the arbitration centre shall appoint the chairman of the arbitration
tribunal.
4. Where the parties agree to have the dispute resolved by a sole arbitrator but fail to select an
arbitrator within thirty (30) days from the date on which the respondent receives the statement
of claim, then at the request of one or all parties, the chairman of the arbitration centre shall
appoint a sole arbitrator within fifteen (15) days from the date of receipt of such request
 Article 41 Establishment of arbitration tribunal
Establishment of an ad hoc arbitration tribunal shall be regulated as follows, unless otherwise
agreed by the parties:
1. The respondent must select an arbitrator for the respondent and notify the claimant of such
selection within thirty (30) days from the date on which the respondent receives the statement
of claim of the claimant. If upon expiry of this time-limit the respondent has failed to notify the
claimant of the name of the selected arbitrator and the parties do not have some other
agreement on appointment of an arbitrator, then the claimant shall have the right to request
the competent court to appoint an arbitrator for the respondent.
2. If a dispute involves multiple respondents, then the respondents shall reach agreement on
selection of an arbitrator within thirty (30) days from the date of receipt of the statement of
claim and accompanying materials from the claimant. If upon expiry of this time-limit the
respondents have failed to select an arbitrator and the parties do not have some other
agreement on appointment of an arbitrator, then one or all parties shall have the right to
request the competent court to appoint an arbitrator for the respondents.
3. The arbitrators shall, within fifteen (15) days from the date of their selection by the parties or
appointment by the court, elect another [third] arbitrator to act as chairman of the arbitration
tribunal. If the arbitrators are unable to elect a chairman and unless otherwise agreed by the
parties, the parties shall have the right to request the competent court to appoint the chairman
of the arbitration tribunal.
4. Where the parties agree to dispute resolution by a sole arbitrator but are unable to agree on
selection of an arbitrator within thirty (30) days from the date on which the respondent
received the statement of claim, and if the parties do not have an agreement to request an
arbitration centre to appoint an arbitrator, then the competent court shall appoint a sole
arbitrator at the request of one or all parties.
 5. The chief judge of a competent court must, within seven (7) days from the date of receipt of a
request from the parties prescribed in clauses 1, 2, 3 or 4 of this article, assign a judge to
appoint an arbitrator and notify the parties thereof

CHAPTER 8 – DISPUTE RESOLUTION SESSIONS

 Article 54 Preparation for dispute resolution sessions

1. The arbitration tribunal shall make decisions on the time and location for holding dispute
resolution sessions, unless otherwise agreed by the parties or otherwise stipulated by the
procedural rules of the arbitration centre.
2. Summonses to attend a session shall be forwarded to the parties at least thirty (30) days prior
to the date of commencement of a session, unless otherwise agreed by the parties or otherwise
stipulated by the procedural rules of the arbitration centre
 Article 55 Composition of and procedures for dispute resolution sessions
1. Dispute resolution sessions shall be conducted in private, unless otherwise agreed by the
parties.
2. Parties may personally attend dispute resolution sessions or may authorize their
representatives to attend; and parties shall have the right to invite witnesses and a person to
protect their legal rights and interests.
3. The arbitration tribunal may permit other people to attend dispute resolution sessions, if the
parties so consent.
4. The order and procedures for holding dispute resolution sessions shall be as stipulated in the
arbitration procedural rules of the arbitration centre; or shall be as agreed by the parties in the
case of an ad hoc arbitration.
 Article 56 Absence of parties
1. A claimant who was validly summoned to attend a dispute resolution session but fails to
attend without a legitimate reason or who leaves a session without the consent of the
arbitration tribunal, shall be deemed to have withdrawn its statement of claim. In such case the
arbitration tribunal shall continue the dispute resolution if the respondent so requests or if
there is a counterclaim.
2. If a respondent was validly summoned to attend a dispute resolution session but fails to
attend without a legitimate reason or leaves a session without the consent of the arbitration
tribunal, the arbitration tribunal shall continue the dispute resolution based on currently
available materials and evidence.
3. The arbitration tribunal may, at the request of the parties, rely on the file to conduct a
dispute resolution session without requiring the presence of the parties
 Article 57 Adjournment of dispute resolution session
One or both parties may, if there is a legitimate reason, request the arbitration tribunal to
adjourn a dispute resolution session. A request for adjournment of a dispute resolution session
must be in writing, specifying the reason and providing evidence, and must be sent to the
arbitration tribunal at least seven (7) business days prior to the [due] date of commencement of
the session.
If the arbitration tribunal does not receive the request within this time-limit, the applicant for
such adjournment must pay all costs arising, if any. The arbitration tribunal shall consider and
issue a decision consenting or not consenting to the request for the adjournment, and shall
promptly notify the parties.
The period of any adjournment shall be as decided by the arbitration tribunal.
 Article 58 Mediation and recognition of successful mediation
The arbitration tribunal [may], at the request of the parties, conduct a mediation in order for
the parties to reach an agreement on resolution of their dispute. If the mediation is successful,
the arbitration tribunal shall prepare minutes of successful mediation to be signed by the parties
 and certified by the arbitrator/s. The arbitration tribunal shall issue a decision recognizing the
agreement of the parties. Such decision shall be final and shall have the same validity as an
arbitral award.
 Article 59 Stay of dispute resolution
1. Resolution of a dispute shall be stayed in the following circumstances:
(a) The claimant or respondent being an individual dies, without anyone inheriting his or her
rights and obligations;
(b) The claimant or respondent being an agency or organization has terminated its operation,
become bankrupt, dissolved, consolidated, merged, demerged, separated or converted its
organizational form without any agency or organization succeeding to the former's rights and
obligations;
(c) The claimant withdraws its statement of claim or the claim is deemed to be withdrawn
pursuant to article 56.1 of this Law, except where the respondent requires the dispute
resolution to be continued;
(d) The parties reach agreement on termination of the dispute resolution;
(dd) The court issues a decision that the dispute is not within the jurisdiction of the arbitration
tribunal, or that there is no arbitration agreement or that such agreement is void or incapable of
being performed in accordance with article 44.6 of this Law.
2. The arbitration tribunal shall issue a decision staying the dispute resolution. If an arbitration
tribunal has not yet been established, then the chairman of the arbitration centre shall issue
such decision.
3. After there is a decision staying dispute resolution, the parties shall not have the right to
institute arbitration proceedings for re-resolution of such dispute if such proceedings are not
different from the former dispute in terms of the claimant, respondent and legal relationship
giving rise to the dispute, except for the cases prescribed in sub-clauses (c) and (dd) of clause 1
of this article

CHAPTER 10 – ENFORCEMENT OF ARBITRAL AWARDS

 Article 65 Voluntary carrying out of arbitral award

The State encourages the parties to voluntarily carry out arbitral awards.
 Article 67 Enforcement of arbitral award
Arbitral awards shall be enforced in accordance with the law on enforcement of civil judgements

CHAPTER 11 – SETTING ASIDE ARBITRAL AWARDS

 Article 68 Grounds for setting aside arbitral award

1. The court shall hear [an application for] setting aside an arbitral award on receipt of a petition
from one of the parties.
2. An arbitral award which falls within any one of the following cases shall be set aside:
(a) There was no arbitration agreement or the arbitration agreement is void; (b) The
composition of the arbitration tribunal was [or] the arbitration proceedings were inconsistent
with the agreement of the parties or contrary to the provisions of this Law;
(c) The dispute was not within the jurisdiction of the arbitration tribunal; where an award
contains an item which falls outside the jurisdiction of the arbitration tribunal, such item shall
be set aside;
(d) The evidence supplied by the parties on which the arbitration tribunal relied to issue the
award was forged; [or] an arbitrator received money, assets or some other material benefit
from one of the parties in dispute which affected the objectivity and impartiality of the arbitral
award;
(dd) The arbitral award is contrary to the fundamental principles of the law of Vietnam.
 3. When the court hears a petition to set aside an arbitral award, burden of proof shall be
regulated as follows:
(a) Any petitioner [relying on the grounds] prescribed in sub-clauses (a), (b), (c) or (d) of clause 2
of this article shall have the burden of proving that the arbitration tribunal issued the arbitral
award in one of such prescribed cases; (b) In the case of a petition to set aside an arbitral award
[relying on the grounds] prescribed in sub-clause (dd) of clause 2 of this article, the court shall
have the responsibility to itself collect and verify evidence in order to decide to set aside or not
set aside the arbitral award.
 Article 69 Right to petition for arbitral award to be set aside
1. A party with sufficient evidence proving that the arbitration tribunal issued the arbitral award
in any of the cases prescribed in article 68.2 on this Law shall have the right, within thirty (30)
days from the date of receipt of such award, to lodge a petition with the competent court to set
aside the arbitral award. A petition requesting an arbitral award be set aside must be
accompanied by materials and evidence proving that such petition has [sufficient] grounds and
is lawful.
2. If a petition is lodged out of time due to an event of force majeure, then the duration of such
event shall not be included when calculating the time-limit for requesting the arbitral award be
set aside.