According to the website of the Vietnam International Arbitration Centre (VIAC) at the Vietnam Chamber of Comerce and Industry, since January 1st 2012, VIAC will apply a new schedule of arbitration costs.
I. Basis to calculate arbitration fees
1. Statement of Claim and Counterclaim indicate the value of the dispute
Units: Vietnam dong
Value of dispute
|From 500.000.001 to 1.000.000.000||45.000.000 + 7,0% of exceeded amount |
|From 1.000.000.001 to 5.000.000.000||80.000.000 + 4.0% of exceeded amount |
|From 5.000.000.001 to 10.000.000.000||240.000.000 + 2,5% of exceeded amount |
|From 10.000.000.001 to 50.000.000.000||365.000.000 + 1,5% of exceeded amount |
|From 50.000.000.001 to 100.000.000.000||965.000.000 + 1.0% of exceeded amount |
|From 100.000.000.001 to 500.000.000.000||1.465.000.000 + 0,4% of exceeded amount |
|Over 500.000.000.001||3.065.000.000 + 0,1% of exceeded amount |
2. If the Statement of Claim and the Counterclaim do not indicate the value of the dispute, the President of the Centre shall determine the arbitration fees that have to be advanced based on the characteristics of the dispute and the time of dispute resolution.
3. If the Statement of Claim and the Counterclaim have both requests indicating dispute value and others requests not indicating dispute value, arbitration fees for requests indicating dispute value shall be calculated pursuant to Section I.1 of this Schedule; arbitration fees for requests not indicating dispute value shall be calculated pursuant to Section I.2 of this Schedule.
4. Arbitration fees specified in Sections I.1-2-3 above do not include travelling, accommodation and other expenses of arbitrators; expenses for secretary of dispute resolution sessions, fees for expert consultancy, assessment costs, property valuation and other fees of assistance requested by the Arbitration Tribunal.
5. Regulations in Sections I.1,2,3 and 4 are also applied for amendment and supplement of the Statement of Claim and the Counterclaim which adjust the dispute value.
II. Arbitration fees refund
1. Arbitration fees shall be refund in the following cases:
a. If the Statement of Claim, the Counterclaim are withdrawn before the establishment of the Arbitration Tribunal, the Centre shall refund 70% of the arbitration fees;
b. If the Statement of Claim, the Counterclaim are withdrawn after the establishment of the Arbitration Tribunal, the Centre shall refund 40% of the arbitration fees.
c. If the Statement of Claim, the Counterclaim are withdrawn after the Centre sent the Summonses to attend dispute resolution sessions and before the date of commencement of dispute resolutions session, the Centre shall refund 20% of the arbitration fees.
d. In any event, the remaining arbitration fees after refund are not under 20.000.000 vnd.
2. Except for the cases prescribed in Section II.1 above, arbitration fees shall not be refunded in other cases.
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