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TRADE CENTER
THINH TRI (TTCAC)
FINANCIAL FEES AND ADMINISTRATIVE TARGETS
(Issued together with Decision No. 07/2017 / QD-TTTMTT dated September 29, 2017) |
I. Arbitration fee basis
1 . In case of a lawsuit, the claim states the value of the dispute:
1.1. If the dispute is resolved by an arbitral tribunal consisting of three arbitrators:
Currency: Vietnamese Dong
| Dispute value |
Arbitration fee |
Administrative fee |
| From VND 400,000,000 and below |
5% of the dispute value |
VND 1,500,000 |
| From over VND 400,000,000 to VND 800,000,000 |
20,000,000 VND + 4% of the dispute value exceeds VND 400,000,000 |
VND 3,000,000 |
| From over VND 800,000,000 to VND 2,000,000,000,000 |
VND 36,000,000 + 3% of the dispute value exceeds VND 800,000,000 |
5,000,000 VND |
| From over VND 2,000,000,000 to VND 4,000,000,000 |
72,000,000 VND + 2% of the dispute value exceeds VND 2,000,000,000 |
8,000,000 VND |
| From over VND 4,000,000,000 |
VND 112,000,000 + 0.1% of the disputed amount exceeding VND 4,000,000,000 |
VND 15,000,000 |
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(Excluding VAT) |
(Excluding VAT) |
1.2. In case the dispute is settled by the sole arbitrator, the arbitration fee and administrative fee equal to 70% of the arbitration fee and administrative fee mentioned in Section 1.1 for the same value of the dispute. >
1.3. The value of a dispute in foreign currency shall be converted into Vietnam dong at the exchange rate of the Bank for Foreign Trade Commercial Joint Stock Bank (Vietcombank) at the time of filing a lawsuit or counterclaim.
2. In case the petition or petition does not state the value of the dispute, the TTCAC President shall decide the amount of arbitration and administrative fees to be paid based on the nature of the dispute and the time of settling the dispute. Handicap and the number of Arbitrators.
3. In cases where a lawsuit petition or a claim has both a request for value and a request for non-value, the arbitration and administrative fees for requests for value shall be calculated according to Section 1, Arbitration fees and administrative charges for requests not stated in value shall be calculated according to Section 2 above.
4. The arbitration fees mentioned in Sections 1, 2 and 3 above do not include travel, accommodation and other relevant expenses of the arbitrators and the secretary of the meeting to settle a dispute; cost of expertise, property valuation, expert consultation and other assistance required by the arbitral tribunal.
5. The provisions of Sections 1, 2, 3 and 4 above also apply to the amendment and supplement of petitions; Amend and supplement the lawsuit with an adjustment to increase the value of the dispute.
II. Refund of arbitration and administrative fees
Arbitration and administrative fees are refundable in the following cases:
1. In case of withdrawal of a lawsuit petition; amend and supplement the petition; suing; Amend and supplement the complaint again:
1.1 If the complaint is filed; amend and supplement the petition; suing; amending and supplementing a lawsuit that was withdrawn before the arbitration council was established, TTCAC reimbursed 70% of the arbitration and administrative fees;
1.2 If the complaint is filed; amend and supplement the petition; suing; Amendments and supplements to the lawsuit are withdrawn after the Arbitration Council is established, TTCAC refunds 40% of the arbitration and administrative fees;
1.3 If the complaint is filed; amend and supplement the petition; suing; Amendments and supplements to the lawsuit are withdrawn after TTCAC sends the summons to the dispute resolution meeting and before the opening of the dispute resolution meeting, TTCAC refunds 30% of the arbitration and administrative fees. < br />
1.4 If at the first dispute resolution meeting, the parties reconcile, TTCAC refunds 20% of the arbitration and administrative fees. If the parties request the arbitration council to issue a decision to recognize mediation, TTCAC will refund 15% of the arbitration fee and administrative fee.
2. If the arbitral tribunal issues a decision to suspend the settlement of the dispute due to an arbitration agreement that does not exist, the arbitration agreement is invalid or the arbitration agreement cannot be implemented, the arbitration fee or the administrative fee 30% refund.
3. If the arbitral tribunal issues a decision to suspend the settlement of a dispute upon a court decision that the dispute is not under the jurisdiction of the arbitrator, the arbitration fee or charge The administration will be refunded 20%.
4. In all cases, the arbitration fee remaining after agreement shall not be less than VND 7,000,000.
This fee schedule is effective from October 3, 2017.
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