|
THE
GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
---------
|
|
No:
116-CP
|
Hanoi,
September 05, 1994
|
DECREE
ON THE ORGANIZATION AND ACTIVITIES OF ECONOMIC ARBITRATION
THE GOVERNMENT
Pursuant to the Law on Organization
of the Government on the 30th of September 1992;
At the proposal of the Minister of Justice,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Economic arbitration is a social-professional organization authorized to settle
disputes concerning economic contracts; disputes between the company and its
members, and among the members of a company, on the establishment, operation
and dissolution of the company; and disputes concerning the buying and selling
of shares and bonds.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Economic
arbitration is organized in the form of Centers of Economic Arbitration.
2. The organization and
operation of each Center of Economic Arbitration shall be stipulated by its
Regulations conforming to this Decree and other relevant statutory provisions.
Article 3.-
1. The
sides involved can choose by mutual agreement a Center of Economic Arbitration
to settle their dispute, no matter where their office is based or where they
reside.
2. A Center of Economic
Arbitration shall accept applications for settling economic disputes as
stipulated in Article 1 of this Decree, only if before or after the dispute
occurs, the sides have reached mutual written agreement on the choice of that
Center of Economic Arbitration for settling their dispute.
Article 4.-
An economic dispute can be settled by an Arbitration Council composed of three
Arbitrators, or by one Arbitrator.
Article 5.-
The decision made by a Center of Economic Arbitration (hereunder referred to as
the arbitrators' decision) for settling a dispute is effective, without
protest.
Article 6.-
The Arbitrators in settling economic disputes must observe the objective truth,
be impartial, and act in accordance with law.
Chapter II
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 7.-
1. A
Center of Economic Arbitration can be established only when there are at least
five Arbitrators who are its founding members.
2. An application for the
founding of a Center of Economic Arbitration must be sent to the People's
Committee of the province or city under the Central Government (hereunder
referred to as the provincial People's Committee), where the Center of Economic
Arbitration intends to base its office.
3. An application for the
founding of a Center of Economic Arbitration must specify the following:
a/ The full names, occupations
and addresses of the Arbitrators who are founding members;
b/ The field of activity of the
Center of Economic Arbitration;
c/ The place where the Center of
Economic Arbitration intends to be based.
4. The application must be
enclosed with:
a/ Draft Statute of the Center
of Economic Arbitration;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c/ Resumes of the founding
members certified by the People's Committee of the ward, commune or township
where they reside permanently;
d/ Photocopies of the Arbitrators'
Cards.
Article 8.-
1.
Vietnamese citizens residing in Vietnam who meet the following conditions can
be recognized as Arbitrators:
a/ They must be recognized as
virtuous, honest, impartial and objective;
b/ They must have knowledge and
experience in the field of law and economics.
2. Those who have mental
disorder, who have been sentenced to imprisonment, or whose sentence has not
yet been revoked, or who are being prosecuted for their penal liability, shall
not be made an Arbitrator.
3. A juror and procurator cannot
be at the same time an Arbitrator.
4. The Minister of Justice shall
decide the establishment of a Council to consider and select Arbitrators, and
stipulate the procedures to consider and select Arbitrators and issue
Arbitrators' Cards, at the proposal of the Council to consider and select
Arbitrators.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. The
Ministry of Justice is a Government agency exercising the function of State
management of the activities of the Centers of Economic Arbitration throughout
the country.
2. The Justice Office shall have
to help the President of the provincial People's Committee manage the
organization and activities of the local Center of Economic Arbitration,
including:
a/ Receiving applications for
the establishment of the Center of Economic Arbitration, and submitting them to
the President of the provincial People's Committee for consideration and
decision;
b/ Making regular reports on the
activities of the Center of Economic Arbitration, and proposing to the
President of the provincial People's Committee to decide measures to manage the
organization and activities of the Center of Economic Arbitration;
c/ Considering requests of the
Center of Economic Arbitration and of Arbitrators, and submitting them to the
President of the provincial People's Committee for solution;
d/ Proposing to the President of
the provincial People's Committee to issue a decision for suspension of the
operation and withdrawal of the license of the Center of Economic Arbitration,
in case the Center of Economic Arbitration commits serious breach of law;
e/ Proposing to the Minister of
Justice to issue a decision for withdrawal of Arbitrators' Cards in case the
Arbitrators make serious breach of law.
Article
10.-
1. Within
45 (forty five) days from the day when he/she receives a full valid dossier,
the President of the provincial People's Committee shall have to consider and
decide whether to grant, or not to grant, a license for the establishment of a
Center of Economic Arbitration, after consulting with the Minister of Justice;
in case of refusal, he/she must notify the applicant of the reason.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ The full names of the
Arbitrators who are founding members;
b/ The address of the Office;
the name of the Center of Economic Arbitration.
c/ The field of activity of the
Center of Economic Arbitration.
3. The license is valid for five
years. When the license expires, if the Center of Economic Arbitration wants to
continue its operation, it must apply for extension of the license.
4. In granting a license, the
President of the provincial People's Committee shall also ratify the Statute of
the Center of Economic Arbitration.
Article
11.-
1. A
Center of Economic Arbitration has a President and a Vice-President elected by
the Arbitrators.
2. The President of a Center of
Economic Arbitration shall appoint a Secretary of the Center.
3. The organizational Structure
of a Center of Economic Arbitration, the tasks, powers, responsibility and tenure
of the President and Vice-President shall be stipulated by the Center's
Statute.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. A
Center of Economic Arbitration shall cease its operation when:
a/ The duration written in the
license expires;
b/ The conditions mutually agreed
on in the Statute are effective;
c/ The Center has not been able
to fill any vacancy in the required number of five Arbitrators within six
months after such vacancy is announced.
d/ The Center's license is
revoked.
2. When the Center of Economic
Arbitration ceases its operation, it must return the license to the
license-issuing agency.
Chapter
III
PROSECUTION BY ECONOMIC
ARBITRATORS
Article
13.-
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The request must have the
following contents:
a/ The date, month and year when
the request is made;
b/ Names and addresses of the
sides;
c/ Name of the Center of
Economic Arbitration which is requested to settle the dispute;
d/ Brief resume of the dispute,
and proposal for settlement;
e/ The measures of negotiations
and reconciliation already taken by the sides which have failed;
f/ Full name of the Arbitrator
whom the plaintiff selects from the list of Arbitrators of the Center of
Economic Arbitration.
2. The plaintiff must send,
enclosed with the request, the necessary documents to prove his/her request to
the Center of Economic Arbitration.
Article
14.-
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. The arbitration fee shall be
fixed by the Center of Economic Arbitration in accordance with the rates of
fees stipulated by the Ministry of Finance and the Ministry of Justice.
3. The arbitration fee shall be
borne by the losing side, unless otherwise decided by the parties concerned.
Article
15.-
1. Within
seven days after receipt of the request, the Secretary of the Center of
Economic Arbitration shall send a photocopy of the plaintiff's request and the
list of Arbitrators of the Center of Economic Arbitration to the defendant.
2. Within the time-limit set by
the Center of Economic Arbitration, the defendant must send his/her answer to
the Center and the plaintiff. The answer must correspond with the request of
the plaintiff.
The defendant can send, enclosed
with the answer, other necessary documents to the Center of Economic
Arbitration.
Article
16.-
In case
the dispute is settled by a Council of Arbitrators, each side shall choose an
Arbitrator; the two Arbitrators selected by the sides shall choose a third
Arbitrator to act as Chairman of the Arbitrators' Council.
Within ten days after the
selection of the second Arbitrator, if the two Arbitrators selected by the sides
fail to select a third Arbitrator, then the President of the Center of Economic
Arbitration shall appoint a third Arbitrator to act as Chairman of the
Arbitrators' Council.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article
18.-
1. An
Arbitrator must be forced to refuse, or be requested by the sides to refuse, to
perform his function, if there is evidence that he/she may not be impartial in
settling the dispute.
2. Each side can refuse only the
Arbitrator of its own choice.
3. The side, which requests a
refusal, must send the request to the Center of Economic Arbitration.
4. The request for refusal must
be considered and decided by the President of the Center of Economic
Arbitration within seven days from the date when the request is received.
5. If the request for refusal is
accepted, then another Arbitrator shall be selected or appointed as
replacement, as stipulated in Article 16 and Article 17 of this Decree.
Article
19.- In case an Arbitrator cannot continue to take part in settling the
dispute, another Arbitrator shall be selected or appointed as replacement, as
stipulated in Article 16 and Article 17 of this Decree.
Article
20.-
1. The
Arbitrators shall study the dossier and proceed with the necessary work to
settle the dispute.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. At the sides' request, the
Arbitrators may hold an examination.
3. When necessary, the
Arbitrators may request the sides to supply explanations, evidence and other
relevant documents.
Article 21.-
1. The
time and venue for the session to settle the dispute shall be fixed by the
Chairman of the Arbitrators' Council or by the Arbitrators, if the sides fail
to reach agreement on it.
2. Invitations to the session to
settle the dispute must be sent to the sides fifteen days before the opening of
the session.
Article
22.-
1. The
sides themselves can take part, or send their legitimate representatives to
take part, in settling the dispute.
2. The sides can invite lawyers
to defend their rights and their legitimate interests.
Article
23.-
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. In case one side or the sides
are absent without a plausible excuse, the dispute may be settled on the basis
of the available documents and evidence.
Article
24.-
1.
Vietnamese is the language and script used in the process of settling the
dispute.
2. The sides may request the
Center of Economic Arbitration to invite interpreters, or they themselves may
invite interpreters, with the approval of the Center of Economic Arbitration.
The side who makes the request must defray the interpretation cost.
Article
25.- The settlement of the dispute shall be conducted on the basis of the
contract's provisions and current law.
Article 26.-
The Arbitrators' Council shall decide by majority vote.
Article
27.-
1. All
developments of the session to settle the dispute must be recorded by the
Secretary of the Center of Economic Arbitration.
2. The minutes must be signed by
the Arbitrators and the Secretary.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article
28.-
1. A
decision made by the Arbitrators must have the following contents:
a/ Name of the Center of
Arbitration;
b/ The venue and date of the
decision;
c/ Full names of the Arbitrators
who settle the dispute;
d/ Names and addresses of the
sides;
e/ The contents of the dispute;
f/ The basis for making the
decision, and the contents of the decision;
g/ The rates of arbitration fee
the sides are liable to pay.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. An arbitrators' decision must
have the signatures of all the Arbitrators.
4. After announcing an
Arbitrators' decision, the Arbitrators' Council or the Arbitrators should not
alter or supplement it, except when there are some miscalculations or
misspelling, and they must notify the sides of it.
Article
29.-
1. An
arbitrators' decision shall be announced to the sides immediately after the
close of the session or some time afterwards, but not later than five days from
the closing day.
2. An arbitrators' decision
shall be sent to the sides within three days after the decision is made.
Article
30.- In the process of settling the dispute, if the sides reach agreement
by negotiations, then the Arbitrators' Council or the Arbitrators can stop the
case. The sides may request the President of the Center of Economic Arbitration
to certify such an agreement in writing. This certification has the validity of
an arbitrators' decision.
Article
31.- In case an arbitrators' decision is not observed by one side, the
other side can request the competent People's Court to try it, in the same way
as regarding an economic lawsuit.
Chapter IV
FINAL PROVISIONS
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The Minister of Justice shall
have to guide the implementation of this Decree.
Article
33.- The ministers, the heads of ministerial-level agencies, the heads of
the agencies attached to the Government, and the presidents of the People's
Committees of the provinces and cities directly under the Central Government
shall have to implement this Decree.
ON
BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai