National Assembly deputies propose to consider amending the Law on Commercial Arbitration

Continuing the agenda of the 5th session, on the morning of May 23rd, the National Assembly discussed in the plenary hall the proposed legislative and ordinance drafting program for 2024, and adjustments to the legislative and ordinance drafting program for 2023.

Representative Le Xuan Than ( Khanh Hoa Delegation) agreed with the content of the Report on the Program for drafting laws and ordinances in 2024, adjusting the Program for drafting laws and ordinances in 2023. However, the representative reflected on the long-standing problem of delays in submitting documents and files, and suggested that measures be taken to address this issue, ensuring sufficient time for thorough research so that draft laws and resolutions achieve high quality.

In addition, delegates agreed to separate the entire content of the Law on Road Traffic Safety from the Law on Roads so that both laws can be considered simultaneously, ensuring the quality of legislative work.

Policy - National Assembly deputies propose reviewing amendments to the Law on Commercial Arbitration. — National Assembly Deputy Le Xuan Than delivered a speech in the assembly hall.

In the document sent to National Assembly deputies, there was a section in the 2024 legislative agenda that included amending and supplementing the 2010 Commercial Arbitration Law, chaired by the Vietnam Lawyers Association. However, in the legislative agenda and draft presented to Deputy Le Xuan Than, the phrase "amending and supplementing the 2010 Commercial Arbitration Law" was not present.

Therefore, the representative from Khanh Hoa province requested the drafting committee and relevant agencies to consider this. This is because current criteria in countries around the world , as well as in Vietnam, have begun to prioritize resolving disputes outside of court, including commercial disputes, and commercial arbitration is one of the very effective mechanisms for dispute resolution.

Regarding the 2005 Commercial Law, the delegate stated that the e-commerce sector is currently regulated by three decrees. The Commercial Law, enacted nearly 20 years ago, now contains many contradictions and is outdated compared to the 2015 Civil Code, failing to keep pace with the development of e-commerce.

Delegates proposed reviewing amendments to the Commercial Law and the Commercial Arbitration Law to align them with the 2015 Civil Code and the Commercial Law, as well as to address disputes through court proceedings or out-of-court commercial arbitration.

Regarding the Law on Commercial Arbitration, National Assembly Deputy Vu Tien Loc (Hanoi delegation) agreed with Deputy Le Xuan Than that strengthening the Law on Commercial Arbitration in the coming time is a very important requirement. This is especially true when over 90% of cross-border transactions between countries and disputes are resolved through arbitration.

"I propose continuing the amendment of the Commercial Arbitration Law this time. However, I also know that the Vietnam Lawyers Association has not yet submitted an official proposal to the National Assembly. Therefore, the National Assembly and the Standing Committee of the National Assembly have not included it in the official program. We are coordinating closely with the Vietnam Lawyers Association to be able to submit it soon. I hope that the National Assembly will support including this amended law in the legislative program in the near future," said Representative Vu Tien Loc.

During the plenary session, based on the draft plan and Article 52 of the 2013 Constitution, delegate Truong Trong Nghia (from Ho Chi Minh City) expressed his agreement with delegate Le Xuan Than's opinion on the urgency of amending and supplementing the Commercial Law.

Since 2005, Vietnam has participated in numerous international agreements and conventions, and digital technology and digital commerce have developed strongly amidst the continuous growth of the global economy.

Policy - National Assembly deputies propose reviewing amendments to the Law on Commercial Arbitration (Figure 2). — Representative Truong Trong Nghia proposed adding the Commercial Law to the Program for drafting laws and ordinances.

Therefore, the 2005 Commercial Law is outdated, and Representative Truong Trong Nghia proposed adding the Commercial Law to the legislative and ordinance drafting program of the 15th National Assembly.

In addition, delegate Truong Trong Nghia proposed adding a Law on Special Urban Areas to the Program for drafting laws and ordinances, and to the orientation plan for the 15th Party Congress.

Delegates argued that it is time to develop a Law on Special Cities to govern and manage special cities through legally binding regulations. Currently, we have only implemented separate resolutions, often pilot programs with various pilot scenarios. Therefore, developing a Law on Special Cities is necessary and requires medium- and long-term planning.

The Law on Special Urban Areas serves as a guideline for the development of other cities in our country such as Hai Phong, Da Nang, Nha Trang, and Can Tho. Therefore, the delegates from Ho Chi Minh City also proposed adding the Law on Regional Economic Linkages to the Program for the Development of Laws and Ordinances .

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