BASIS OF THE COST OF ARBITRATION
1. For Requests for Arbitration and Counterclaims specifying the value in dispute:
- For disputes resolved by an Arbitral Tribunal comprising three Arbitrators
| Value in dispute | Arbitration Costs (VAT included) |
| Under VND70,000,000 | VND5,000,000 |
| From VND70,000,000 to VND100,000,000 | VND7,500,000 |
| From VND100,000,000 to VND200,000,000 | VND12,000,000 |
| From VND100,000,000 to VND200,000,000 | VND16,500,000 |
| From VND300,000,000 to VND400,000,000 | VND20,000,000 |
| From VND400,000,000 to VND800,000,000 | VND20,000,000 + 5% of the amount disputed property value over VND400,000,000 |
| From VND800,000,000 to VND2,000,000,000 | VND40,000,000 + 5% of the amount disputed property value over VND100,000,000 |
| From VND2,000,000,000 to VND5,000,000,000 | VND88,000,000 + 3% of the amount disputed property value over 2,000,000,000 |
| From VND5,000,000,000 VND to VND10,000,000,000 VND | VND178,000,000 VND + 2,15% of the amount over VND5,000,000,000 |
| From VND10,000,000,000 to VND50,000,000,000 | VND285,500,000 + 1,5% of the amount over VND10,000,000,000 |
| From VND50,000,000,000 to VND100,000,000,000 | VND885,500,000 + 1% of the amount over VND50,000,000,000 |
| From VND100,000,000,000 VND VNDto 500,000,000,000 VND | VND1,385,500,000 + 0.50% of the amount over VND100,000,000,000 |
| Over VND500,000,000,000 | VND3,385,500,000 + 0,30% of the amount over VND500,000,000,000 |
- For disputes resolved by a Sole Arbitrator, the arbitration costs shall be 70% of the costs for the same value in dispute mentioned in Section 1.1 above.
2. For Requests for Arbitration and Counterclaims without indicating the monetary value in dispute, the arbitration costs shall be fixed by the STAC President at his consideration of the dispute’s nature, estimated time for dispute settlement and the number of the Arbitrators.
3. For Requests of Arbitration and Counterclaims containing both monetary requests and non-monetary ones, the arbitration costs shall be calculated pursuant to mentioned-above Item 1 and Item 2, respectively.
4. The arbitration costs mentioned in Items 1, 2 and 3 above excludes travelling, accommodation and other relevant expenses for Arbitrator(s) who resolve the dispute and secretarie(s) of the hearings, expenses for inspection and valuation of assets, expenses for seeking expert advice, and expenses for other assistance at the request of the Arbitral Tribunal.
5. The regulations in the above-mentioned Items 1, 2, 3 and 4 shall apply to calculate the additional arbitration costs for any amendment and/or supplement to Requests for Arbitration and Counterclaims which increases the value of the dispute and/or the value of the Counterclaim. In case of any decrease in the value of the dispute or in the value of the Counterclaim, the arbitration costs shall remain unchanged.
THE REFUNDING
The arbitration costs shall be refundable in the following circumstances:
1. The arbitration costs shall be refundable in the following circumstances:
a)Where the Request for Arbitration and/or amendment and/or supplement to the Request for Arbitration; the Counterclaim and/or amendment and/or supplement to the Counterclaim are withdrawn before the constitution of the Arbitral Tribunal, 70% of the arbitration costs is refundable;
b) Where the Request for Arbitration and/or amendment and/or supplement to the Request for Arbitration; the Counterclaim and/or amendment and/or supplement to the Counterclaim are withdrawn after the constitution of the Arbitral Tribunal, 40% of the arbitration costs is refundable.
c)Where the Request for Arbitration and/or amendment and/or supplement to the Request for Arbitration; the Counterclaim and/or amendment and/or supplement to the Counterclaim are withdrawn after the Centre has sent the summon to the hearing, but before the date of the hearing, 20% of the arbitration costs is refundable.
2. Where the Arbitral Tribunal makes the Decision staying the dispute on the grounds of non-existence or invalidity or inability to be performed of an arbitration agreement, 30% of the arbitration costs is refundable.
3. Where the Arbitral Tribunal makes the Decision staying the dispute resolution in accordance with a competent Court’s judgment saying that the Arbitral Tribunal having no jurisdiction over the dispute, 20% of the arbitration costs is refundable.
4. In no circumstances, the remaining arbitration costs is less than VND 5,000,000.