What Documents Required to File Petition by Arbitration in Vietnam?

According to Article 30 of Vietnam Laws on Commercial Arbitration, petitions and enclosed documents for initiating dispute by arbitration in Vietnam will be submitted as following instructions:

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When a dispute is settled at an arbitration center, the plaintiff shall file a petition at the arbitration center as agreed. When a dispute is settled by ad hoc arbitration, the plaintiff shall make a petition and send it to the defendant.

The petition contains the following details:

1.Date of its making;

2.Names and addresses of the parties; names and addresses of witnesses, if any;

3.Summary of the circumstances of the dispute:

4.Grounds and evidence for initiating the lawsuit, if any:

5.Specific requirements of the plaintiff and the value of the dispute:

6.Name and address of the person whom the plaintiff selects as arbitrator or requests to be designated as arbitrator.

Enclosed with the petition shall be the arbitration agreement and the originals or copies of relevant documents.

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Which Judgement Enforcement Agencies that Enforce Arbitral Awards or Decisions of Arbitration Councils on the Application of Interim Urgent Measures?

Under Article 8 of Vietnam Law on Commercial Arbitration, judgement enforcement agencies for enforcement of arbitral awards or decisions of arbitration councils on the application of interim urgent measures as regulated as following:

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Competent civil judgment enforcement agencies to enforce arbitral awards are civil judgment enforcement agencies of provinces or centrally run cities in which arbitration councils issue the awards.

Competent civil judgment enforcement agencies to enforce decisions of arbitration councils on the application of interim urgent measures are civil judgment enforcement agencies of provinces or centrally run cities in which the interim urgent measures need to be applied.

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What are Principles of Dispute Settlement in Arbitration?

According to Article 4 of Vietnam Law on Commercial Arbitration, the following principles must be adhered to during dispute settlement inarbitration:

Arbitrators must respect the parties’ agreement if such agreement neither breaches prohibitions nor contravenes social ethics.

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Arbitrators must be independent, objective and impartial and shall observe law.

Disputing parties are equal in their rights and obligations. The arbitration council shall create conditions for disputing parties to exercise their rights and fulfill their obligations.

Dispute settlement by arbitration shall be conducted in private, unless otherwise agreed by the parties.

The arbitral awards are final.

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When Arbitration Could Settle a Dispute in Vietnam?

When Arbitration Could Settle a Dispute in Vietnam?

Under the Law on Commercial Arbitration effective Jan 1^st, 2011, and other guidance, in principle, arbitration could only be used in disputes among parties which arise from commercial activities, disputes among parties at least one of whom conducts commercial activities, and other disputes among parties which are stipulated by law to be settled by arbitration in Vietnam. Lawyer should be consulted for arbitration from drafting arbitration agreement to resolving the arisen dispute.

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Arbitral tribunals are entitled to resolve the disputes mentioned above if the concerned parties have a valid arbitration agreement agreed, before or after the dispute arise.

When the court is requested to resolve one of the disputes of the above types which a valid arbitration agreement exists, the court shall examine documents enclosed with the petition to determine and if the court finds that the dispute is under an arbitration agreement and such arbitration agreement is valid the court shall issue a decision to terminate the adjudication, return the petition and documents.

The dispute shall be handled by the court though it is under an arbitration agreement, unless otherwise agreed by the parties concerned or prescribed by law: the court issues a decision to annul the arbitral award or the decision made by the arbitral tribunal; or there is a decision to suspend the arbitral tribunal or arbitration center from resolving disputes; or the arbitration agreement is not viable.

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What are Prohibited Act in Customs in Vietnam?

According to Article 10, Customs Law in Vietnam, prohibited acts in customs in Vietnam are:

1. For customs officials:

-Causing troubles and difficulties when following customs formalities;

-Screening or colluding with others in smuggling or illegally transporting goods across the border, committing trade or tax fraud;

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-Taking bribes, appropriating or embezzling temporarily seized goods or other acts for self-seeking purposes;

-Other violations against the law on customs.

2. For customs declarants, entities with rights and obligations related to import, export and transit of goods, or exit, entry and transit of vehicles:

-Committing fraudulent acts in carrying out customs formalities;

-Smuggling or illegally transporting goods across the border;

-Committing trade or tax fraud;

-Giving bribes or other acts for self-seeking purposes;

-Obstructing customs officials in performing their official duty;

-Hacking, falsifying or destroying the customs communication system;

-Other violations against the law on customs.

-Our customs lawyers always follow development of customs law in Vietnam to provide the client with update.

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What Are Prohibited Acts Under the Law on Cyber Information Security?

The Law on Cyber Information Security has been promulgated in 2015.   According to Article 7, Law on Cyber Information Security, prohibited acts are:

1.Blocking the transmission of information in cyberspace, or illegally intervening, accessing, harming, deleting, altering, copying or falsifying information in cyberspace.

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2.Illegally affecting or obstructing the normal operation of information systems or the users’ accessibility to information systems.

3.Illegally attacking, or nullifying cyberinformation security protection measures of, information systems; attacking, seizing the right to control, or sabotaging, information systems.

4.Spreading spams or malware or establishing fake and deceitful information systems.

5.Illegally collecting, utilizing, spreading or trading in personal information of others; abusing weaknesses of information systems to collect or exploit personal information.

6.Hacking cryptographic secrets and lawfully enciphered information of agencies, organizations or individuals; disclosing information on civil cryptographic products or information on clients that lawfully use civil cryptographic products; using or trading in civil cryptographic products of unclear origin.

Our cyber lawyers always follow development of laws in Vietnam to provide the client with update.  Please contact ANT Lawyers for service inquiries.

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What Are Patent Owner’s Right?

According to Vietnam Law on Intellectual Property, patent owner’s rights are:

To use, transfer or authorize others to use industrial property objects according to the provisions.

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-Use of industrial property objects

-Use of an invention means the performance of the following acts:

-Manufacturing the protected product;

-Applying the protected process;

-Exploiting utilities of the protected product or the product manufactured under the protected process;

-Circulating, advertising, offering or stocking for circulation the products or the product manufactured under the protected process;

-Importing the product or the product manufactured under the protected process;

To prevent others from using industrial property objects;

To dispose of industrial property objects according to IP Law of Vietnam.

Our patent lawyers in Vietnam always follow development on law on Intellectual Property to provide our client with update.

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