Can a non-contractual claim be settled by commercial arbitration in Vietnam?

It is not clear whether non-contractual claims (i.e., claims not based on a breach of contract) can be settled through commercial arbitration in Vietnam

The Law on Commercial Arbitration 2010 does not exclude non-contractual claims from being settled through commercial arbitration as long as there is an arbitration agreement between the parties and at least one party is involved in commercial activities

However, the Civil Procedures Code 2015 divides disputes into "commercial" and "civil" categories, with "commercial" disputes to be handled by commercial courts and "civil" disputes, which include non-contractual claims, to be handled by civil courts

Some argue that the terms "commercial disputes" in the Law on Commercial Arbitration 2010 should be interpreted to mean disputes classified as "commercial" under the Civil Procedures Code 2015, which do not include non-contractual claims

If a liberal interpretation of the Law on Commercial Arbitration 2010 were applied, it could be used to settle any kind of dispute involving a commercial entity as long as there is an arbitration agreement

The Supreme Court of Vietnam has indicated in training materials that non-contractual claims cannot be settled through commercial arbitration in Vietnam.