SCHEDULE OF MEDIATION FEES OF THE VIETNAM TRADE AND INVESTMENT ARBITRATION CENTRE (VTIAC)
1.1. In case the Request for Mediation specifies the value of the dispute:
1.1.1. In case the dispute is resolved by a single Mediator, the mediation fee shall be as follows:
| Dispute Value | Mediation Fee (Excluding VAT) |
| Up to 100.000.000 VND | 3.000.000 VND |
| Over 100.000.000 VND to 1.000.000.000 VND | 15.000.000 VND |
| Over 1.000.000.000 VND to 2.000.000.000 VND | 30.000.000 VND |
| Over 2.000.000.000 VND to 3.000.000.000 VND | 45.000.000 VND |
| Over 3.000.000.000 VND to 4.000.000.000 VND | 60.000.000 VND |
| Over 4.000.000.000 VND to 5.000.000.000 VND | 75.000.000 VND |
| Over 5.000.000.000 VND to 6.000.000.000 VND | 90.000.000 VND |
| Over 6.000.000.000 VND to 7.000.000.000 VND | 105.000.000 VND |
| Over 7.000.000.000 VND to 8.000.000.000 VND | 120.000.000 VND |
| Over 8.000.000.000 VND to 9.000.000.000 VND | 135.000.000 VND |
| Over 9.000.000.000 VND to 10.000.000.000 VND | 150.000.000 VND |
| Over 10.000.000.000 VND | 150.000.000 VND + 0.2% of the amount over 10.000.000.000 VND |
1.1.2. In case the parties request that the dispute be resolved by more than one Mediator, the mediation fee shall be calculated in accordance with Clause 1.1.1 above, plus an additional 75% of the corresponding mediation fee for each additional Mediator.
1.1.3. In the event of multiple disputes which: (i) are of the same nature, (ii) involve the same claimant or respondent, and (iii) are resolved by the Mediator(s) within the same period of time, the President of the Centre shall have the discretion to reduce the mediation fee for each individual dispute, provided that the total mediation fee collected for all disputes resolved within the same period shall not be less than 150% of the applicable fee for the dispute with the highest value as prescribed in Clauses 1.1.1 and 1.1.2 above.
1.1.4. If the dispute value is denominated in foreign currency, it shall be converted into Vietnamese Dong at the selling exchange rate of the Joint Stock Commercial Bank for Foreign Trade of Vietnam (VIETCOMBANK) at the time of submission of the Request for Mediation.
1.2. In case the Request for Mediation does not specify the value of the dispute, the mediation fee shall be determined by the President of the Centre based on the nature of the dispute, the estimated time required to resolve it, and the number of Mediators involved.
1.3. In case the Request for Mediation contains both claims with specified dispute values and claims without specified values, the mediation fee for the claims with specified values shall be calculated under Clause 1.1 above, while the fee for claims without specified values shall be calculated under Clause 1.2 above.
1.4. The provisions set forth in Clauses 1.1, 1.2, and 1.3 shall also apply to amendments or supplements to the Request for Mediation that result in an increase or decrease in the dispute value, except that if the dispute value is reduced after the Request has been accepted by VTIAC, the mediation fee shall not be reduced.
1.5. The mediation fees stipulated in Clauses 1.1, 1.2, and 1.3 include:
a. Mediator’s remuneration, travel expenses, and other related costs;
b. Administrative fees;
c. Fees for the appointment of Mediator(s) at the request of the parties;
d. Fees for the use of other support services provided by VTIAC.
1.6. The mediation fees stipulated in Clauses 1.1, 1.2, and 1.3 do not include:
a. Travel and other expenses incurred by Mediators to attend mediation sessions held in locations where VTIAC does not have a head office, branch, or representative office, as per the parties’ agreement;
b. Room rental costs for holding mediation sessions outside VTIAC’s premises, as agreed by the parties;
c. Expert consultation fees and other assistance services requested by one or more parties and accepted by the Mediator(s); such costs shall be borne by the requesting party, or shared equally if requested jointly;
d. Translation costs for documents not in Vietnamese required for the Mediator(s);
đ. Interpretation costs where the language of the mediation is not Vietnamese;
e. Fees payable to competent state authorities during the course of dispute resolution;
g. Other costs (if any) charged by third-party service providers.
1.7. Refund of Mediation Fees
1.7.1. If the Respondent refuses mediation or fails to submit a written response to VTIAC, the mediation fee paid by the Requesting Party shall be refunded, minus an administrative fee of 1.000.000 VND.
1.7.2. If one party submits a written request to terminate the mediation after the Mediator has accepted the appointment, VTIAC shall refund 70% of the mediation fee paid by the requesting party. The non-requesting party shall receive a full refund of the fee paid. If both parties submit a request to terminate after the Mediator has accepted the appointment, 80% of the total mediation fee shall be refunded and equally distributed to both parties.
1.7.3. If a party submits a written request to terminate the mediation after VTIAC has issued the notice of the first mediation session but before the session takes place, VTIAC shall refund 50% of the fee paid by the requesting party. The non-requesting party shall receive a full refund. If both parties submit such a request, 65% of the total fee shall be refunded and divided equally.
1.7.4. If a party submits a written request to terminate the mediation on the day of the first mediation session but before the Mediator(s) commence the mediation procedure, VTIAC shall refund 30% of the fee paid by the requesting party. The non-requesting party shall receive a full refund. If both parties request termination under these circumstances, 50% of the total fee shall be refunded and divided equally.