VIAC, the Vietnam International Arbitration Centre, is the longest-established and best-known arbitration institution in Vietnam. It administers commercial disputes under its own rules, keeps a list of Vietnamese and foreign arbitrators, and handles many of the cases involving foreign parties that are seated in Vietnam. It is an independent, non-governmental body attached to VCCI, the national federation of commerce and industry.
Seeing VIAC named in a contract tells you that the dispute will be administered by a centre with decades of practice, an English-language set of rules and staff used to cross-border work. It does not tell you everything: the seat, the language, the number of arbitrators and the governing law still depend on what you agreed and on the rules in force when the case starts. This guide explains how VIAC works in practice, without ranking it against other centres, and flags what to verify directly with the centre.
Where VIAC comes from and how it is organised
VIAC took its current form in the early 1990s, building on foreign trade and maritime arbitration bodies that had existed since the 1960s. It operates as a non-profit institution under the umbrella of VCCI, but its arbitrators decide cases independently, and VIAC itself does not decide disputes; it administers them. That distinction matters. The centre’s secretariat receives filings, checks fees, communicates with parties, helps constitute the tribunal and supervises formal aspects of the award, while the tribunal makes all substantive decisions.
The centre has its headquarters in Hanoi and a branch in Ho Chi Minh City, and it can organise hearings elsewhere when the parties or the tribunal agree. Hearings by video conference have become common. Its governing bodies include a president and a standing committee that handle matters such as appointing arbitrators when parties fail to do so and deciding challenges.
VIAC is not the only arbitration centre in Vietnam. Dozens of other centres are licensed, with a concentration in Hanoi and Ho Chi Minh City, and foreign arbitral institutions may open branches or representative offices under Vietnamese law. Each centre has its own rules, list and fee scale. This guide focuses on VIAC because it is the name foreign parties most often see in contracts, not because other centres are unsuitable.
VIAC also runs a mediation arm for commercial disputes. Many contracts now use a two-step clause that sends a dispute first to mediation and then, if unresolved, to arbitration at the same institution, which keeps administration in one place.
What the VIAC rules let you choose
Language. For disputes with a foreign element, the parties can agree on English or another language. If they have not agreed, the tribunal decides. For purely domestic disputes, Vietnamese is the norm. If your contract is in English and silent on language, raise the point early so the tribunal can rule before submissions are filed.
Number of arbitrators. Parties can agree on a sole arbitrator or a tribunal of three. If they have not agreed, the rules set a default, typically three. A sole arbitrator is cheaper and faster; three arbitrators give each side a nominee and a broader range of expertise.
Arbitrators from the list and beyond. VIAC publishes a list that includes Vietnamese and foreign arbitrators with backgrounds in law, finance, construction, shipping and other fields. The current rules give parties some room to nominate arbitrators outside the list, subject to conditions. Check the version of the rules that applies to your case.
Expedited procedure. The rules include a faster track for smaller or simpler disputes, or where the parties agree to use it. It usually means a sole arbitrator, shorter time limits and a decision on documents or a short hearing.
Multi-party and multi-contract cases. The rules address joining additional parties and handling claims under several related contracts in one arbitration, which helps in group transactions. These provisions have conditions, so check them before relying on them.
Filing a case at VIAC: the practical sequence
The steps below follow the general structure of VIAC practice. Always read the current rules and fee schedule on the day you file, as both are updated from time to time.
- Prepare the statement of claim with the parties’ details, the arbitration agreement, a summary of facts, the claims and the amount in dispute, and supporting evidence.
- Nominate an arbitrator, or propose that the centre appoint one, depending on the agreed tribunal size.
- File with the secretariat in Hanoi or Ho Chi Minh City, or by the electronic means the centre accepts, and pay the registration fee and the advance on arbitration fees.
- Wait for the secretariat to send the claim to the respondent, who then files a statement of defence and may raise counterclaims or objections to jurisdiction.
- Once the tribunal is formed, follow its procedural directions on written submissions, document exchange, witness statements and hearing dates.
- Receive the award, which the secretariat delivers to both parties after formal review, and track any deadline to apply to set it aside or to enforce it.
If you are the respondent, do not let the secretariat’s letter sit in an inbox. Time limits for your defence and your choice of arbitrator start to run quickly, and failing to nominate means the centre may appoint one for you.
Fees: how they are calculated, without the numbers
VIAC fees are calculated mainly by reference to the amount in dispute, with a scale that increases as the value rises, plus a separate registration fee. The fees cover arbitrators’ remuneration and the centre’s administration. Additional costs can arise for hearings held away from the centre, interpretation, expert evidence and travel of arbitrators from abroad. The schedule is published by the centre and changes periodically, so do not budget on figures from an old contract or a colleague’s past case.
Your own legal costs, translation and witness costs are separate from VIAC fees. The tribunal can decide that the losing party pays some or all of the winning party’s reasonable costs, but recovery is not guaranteed, and the tribunal has discretion over what counts as reasonable. When estimating whether a claim is worth pursuing, compare the advance you will need against the realistic chance of collecting from the other side, not only the chance of winning.
Respondents should note that counterclaims attract their own fees, calculated in a similar way. A respondent that files a large counterclaim mainly for tactical pressure will have to fund it, and an unpaid advance can mean the counterclaim is not considered. Weigh the counterclaim on its merits, not as a bargaining chip, and budget for it from the start.
If the amount in dispute is not quantified, for example a claim for a declaration or for performance, the centre has rules for estimating fees. Clarify this with the secretariat before filing, because an underpaid advance can stall the case.
How a VIAC award is enforced
An award made in a VIAC arbitration seated in Vietnam is a Vietnamese domestic award. It is final and binding from the date it is issued. If the losing party does not comply voluntarily and does not succeed in a court application to set the award aside, the winning party can request enforcement through the civil judgment enforcement agency in the place where the losing party is located or has assets.
If you need to enforce a VIAC award abroad, the country where you seek enforcement will usually treat it as a foreign award under the New York Convention. Because Vietnam and most trading partners are parties to the Convention, a VIAC award generally has a workable route to recognition in those countries, subject to their own procedures and the limited grounds for refusal.
Seat matters here. If a VIAC case is seated outside Vietnam, which is unusual but possible under some agreements, the award would be treated as foreign in Vietnam and would need recognition by a Vietnamese court before enforcement. Keep the seat in Vietnam unless you have a clear reason otherwise.
Common misunderstandings about VIAC
"VIAC will decide the case." The centre administers; the tribunal decides. Secretariat staff will not tell you whether your claim is strong, and you should not expect them to. Questions about merits belong with your own counsel.
"A VIAC award can be appealed to a higher court." It cannot be appealed on the merits. The only court route is an application to set the award aside on limited grounds, made within a short period after receiving the award. Losing parties sometimes file such applications to buy time, so a winning party should be ready for that step.
"Choosing VIAC means Vietnamese law applies." The institution and the governing law are separate choices. A VIAC tribunal can apply foreign law where the parties chose it in a dispute with a foreign element. If the contract is silent on governing law, the tribunal decides which law applies under the relevant conflict rules.
"All documents must be in Vietnamese." Not where English is the agreed language. Documents in other languages may need translation into the language of the arbitration, and the tribunal can direct which documents need translating, which saves cost compared with translating everything.
"VIAC is only for Hanoi companies." Parties from any province, and from abroad, use the centre. The Ho Chi Minh City branch handles many southern cases, and online hearings reduce travel for parties in Da Nang, Can Tho, Hai Phong or overseas.
When you need a Vietnamese lawyer
A VIAC case can be run in English, and foreign lawyers can appear in international arbitrations seated in Vietnam. Even so, most foreign parties find it useful to have Vietnamese counsel on the team. Local counsel knows how Vietnamese courts handle applications to set aside VIAC awards, how the enforcement agencies work in different provinces, and how to read Vietnamese-language evidence that the other side produces.
Bring in a lawyer when you receive a notice of arbitration, when choosing your arbitrator, when an interim measure from a court may be needed, and as soon as an award is issued. If the dispute involves land use rights, licensed business lines or state-owned counterparties, specialist Vietnamese advice is particularly important because these areas raise questions of arbitrability and public policy. Counsel can also manage the practical side that foreign teams underestimate: collecting and certifying original documents, preparing Vietnamese-speaking witnesses for questioning in English through an interpreter, and keeping the case moving when the other side uses procedural objections to delay. Check the current rules, fee schedule and arbitrator list with the centre directly or through a licensed lawyer before acting.
Frequently asked questions
Is VIAC a government body?
No. VIAC is a non-governmental, non-profit institution attached to VCCI. It administers cases, while independent arbitrators decide them. It is not part of the court system, although courts support and supervise arbitration within limits set by law.
Can foreign arbitrators sit in a VIAC case?
Yes. VIAC’s list includes foreign arbitrators, and the current rules allow some flexibility to nominate arbitrators outside the list, subject to conditions. Foreign arbitrators frequently sit in disputes involving foreign parties.
Does a VIAC arbitration have to take place in Hanoi?
No. VIAC has offices in Hanoi and Ho Chi Minh City, and hearings can be held elsewhere or online if the tribunal and parties agree. The legal seat stated in the clause is a separate question from where hearings physically happen.
Can VIAC handle a dispute between two foreign companies?
Yes, if the parties agree to VIAC arbitration and the dispute is commercial. Some foreign parties choose VIAC because the project or assets are in Vietnam, making enforcement of a domestic award more straightforward.
Where can I find the VIAC rules in English?
VIAC publishes its rules, fee schedule and model clauses in Vietnamese and English through its own channels. Use the version currently in force and confirm with the secretariat which version applies to your case, especially for contracts signed years ago.
Does VIAC offer mediation as well as arbitration?
Yes. VIAC operates a mediation service for commercial disputes, and parties can use it alone or as a first step before arbitration. A settlement reached in mediation can then be turned into an enforceable instrument through the routes the law allows.