When an application for mediation is submitted, the party initiating the mediation shall pay the amount of application fee of VND 3,000,000. The amount shall not be returned in any case.

Mediation Costs

The mediation costs shall include:

(a)    The VTA administrative fees;
(b)    A reasonable fee amount for the mediator;
(c)    Travel and other expenses of the mediator;
(d)    Travel and other expenses of witnesses requested by the mediator with the parties'consent;
(e)    Costs of any expert advice and translator services requested by the parties or by the mediator with the parties' consent;

The fee amounts payable under items (a) and (b) mentioned above will be determined by the VTA President after considering the following factors:

-    Value of the dispute
-    Complexity of the dispute
-    Time spent for handling of the dispute

All the costs and expenses mentioned in items (c), (d) and (e) above will be the actual costs and expenses incurred.

In submitting an application for mediation and in accepting an invitation to mediation, each party shall pay respectively in advance a fee amount mentioned in items (a) and (b) as determined by the VTA. When the mediation proceedings are terminated, the VTA shall calculate all the costs and determine the fee amount to be paid by the parties. If the determined fee amount is higher than the amount paid in advance by the parties, the parties shall pay the unpaid amount. If the determined fee amount is less than the amount paid in advance by the parties, the VTA shall return the balance to the parties.

VTA’s Model Arbitration Clause: “Mọi tranh chấp phát sinh từ hoặc liên quan đến hợp đồng này sẽ được giải quyết bằng trọng tài tại Trung tâm Trọng tài Thương nhân Việt Nam (VTA) theo Quy tắc tố tụng trọng tài của Trung tâm này”. “Any dispute arising out of or in relation with this contract shall be resolved by arbitration at the Vietnam Traders Arbitration Centre (VTA) in accordance with its Rules of Arbitration”.

The Vietnam Trade Arbitration Center (VTA) is responsible for organizing and coordinating the resolution of business disputes through institutional arbitration, with jurisdiction over disputes including: (i) disputes arising from commercial activities between parties; (ii) disputes involving at least one party engaged in commercial activities; and (iii) disputes as prescribed by law to be resolved by arbitration.