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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
63/2011/ND-CP
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Hanoi,
July 28, 2011
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DECREE
DETAILING AND GUIDING A NUMBER OF ARTICLES OF THE LAW ON
COMMERCIAL ARBITRATION
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the June 17, 2010
Law on Commercial Arbitration;
At the proposal of the
Minister of Justice,
DECREES:
Chapter I
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Article 1.
Scope of regulation
This Decree details and guides a
number of articles of the Law on Commercial Arbitration on the management of
arbitration; procedures for registration or termination of operation,
revocation of establishment licenses and operation registration papers of
arbitration centers and arbitration center branches; procedures for
establishment, registration or termination of operation, revocation of
establishment licenses and operation registration papers of Vietnam-based
branches or representative offices of foreign arbitration institutions; and
enforcement of decisions of arbitration councils on application of provisional
urgent measures.
Article 2.
Tasks and powers of the Ministry of Justice
The Ministry of Justice shall
take responsibility before the Government for performing the state management
of arbitration and has the following tasks and powers:
1. To elaborate and submit to
the Government or the Prime Minister for promulgation legal documents on
organization and operation of arbitration; to guide the implementation of legal
documents on arbitration.
2. To grant and revoke
establishment licenses of arbitration centers; to grant and revoke
establishment licenses of Vietnam-based branches or representative offices of
foreign arbitration institutions; to approve changes in establishment licenses
of arbitration centers under this Decree.
3. To approve charters of
arbitration centers.
4. To announce lists of
arbitrators of arbitration institutions operating in Vietnam; to disclose
information on establishment, operation and termination of operation of
arbitration institutions.
5. To guide and organize the
propagation and dissemination of the arbitration law.
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7. To guide the professional
training and retraining of arbitrators.
8. To examine, inspect and
handle violations of the arbitration law.
9. To settle complaints and
denunciations about arbitration in accordance with law.
10. To promulgate and guide the
uniform use of forms of documents and papers relevant to arbitration
institutions.
Article 3.
Tasks of the Ministry of Finance
The Ministry of Finance shall
guide the collection, management and use of the fees for grant or modification
of licenses and operation registration papers of arbitration centers, operation
registration papers of branches of arbitration centers, and the fees for grant
or modification of licenses and operation registration papers of branches or
representative offices of foreign arbitration institutions.
Article 4.
Tasks and powers of provincial-level Justice Departments
Provincial-level Justice
Departments have the following tasks and powers:
1. To register operation or
modification of establishment licenses and revoke operation registration papers
of arbitration centers and Vietnam-based branches of foreign arbitration
institutions; to register operation and revoke operation registration papers of
branches of arbitration centers.
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3. To provide information on
operation registration and establishment of branches or representative offices
of arbitration centers; and Vietnam-based branches or representative offices of
foreign arbitration institutions to state agencies, organizations and
individuals that so request in accordance with law.
4. To propagate and disseminate
the arbitration law.
5. To examine, inspect and handle
violations of the law on arbitration institutions and arbitrators according to
their competence.
6. To settle complaints and
denunciations about arbitration activities in accordance with the arbitration
law.
7. To report on organization and
operation of arbitration centers; branches or representative offices of
arbitration centers; and Vietnam-based branches or representative offices of
foreign arbitration institutions on an annual basis and in unexpected cases at
the request of the Ministry of Justice and provincial-level People’s
Committees.
8. Other tasks and powers
provided by law.
Article 5.
Method of filing dossiers
Dossiers of application for
grant, re-grant or modification of establishment licenses and operation
registration papers, dossiers for termination of operation of arbitration
centers, branches of arbitration centers, Vietnam- based branches or
representative offices of foreign arbitration institutions may be filed
directly at, or sent by post to, competent agencies.
Chapter II
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Article 6.
Names of arbitration centers, branches or representative offices of arbitration
centers
1. Names of arbitration centers
shall be written in Vietnamese and selected by center members but must contain
the phrase “trung tam trong tai” (arbitration center) and must neither be
identical nor confusingly similar to names of licensed arbitration centers,
branches or representative offices of arbitration centers, and contrary to the
nation’s historical tradition, culture, morality and fine traditions and
customs.
In case an arbitration center
has a foreign-language name, such name must be one translated from its
Vietnamese name and must neither be identical nor confusingly similar to the
name of another operating arbitration institution in Vietnam.
2. Arbitration centers may have
logos but may not use the national flag, the Communist Party of Vietnam’s flag,
the national emblem, images of national leaders and banknotes of the Socialist
Republic of Vietnam as their logos.
3. Names of branches of
arbitration centers must contain the word “chi nhanh” (branch) and names of
these arbitration centers.
4. Names of representative
offices of arbitration centers must contain the phrase “van phong dai dien”
(representative office) and names of these arbitration centers.
Article 7.
Charters of arbitration centers
The charter of an arbitration
center must contain the following principal details:
1. Name of the arbitration
center; foreign-language name of the arbitration center (if any);
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3. Fields and objectives of
operation;
4. Duration of operation;
5. Conditions of physical
foundation and financial sources, and financial regime of the arbitration
center;
6. Organizational structure,
mechanism of administration, reorganization and dissolution of the arbitration
center, and mechanism of settlement of internal disputes of the arbitration
center;
7. At-law representative of the
arbitration center, and his/her rights and obligations;
8. List of founding members;
method of changing founding members of the arbitration center; conditions for
admission or expulsion of arbitrators; rights and obligations of arbitrators;
9. Regime of preservation of
dossiers and documents;
10. Mode of adoption of the
charter;
11. Mode of announcement of
rules of proceedings of the arbitration center;
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Article 8.
Registration of operation of arbitration centers
1. A dossier for operation
registration is a set of the following papers:
a/ An application for operation
registration;
b/ A certified copy of the
establishment license of the arbitration center; in case of submission of a copy,
the original is required for comparison;
c/ A certified copy of the
charter of the arbitration center; in case of submission of a copy, the
original is required for comparison;
d/ The original or a certified
copy of the paper proving the working office of the arbitration center.
2. Within 15 days after
receiving a valid dossier, the provincial-level Justice Department shall grant
an operation registration paper to the arbitration center.
Within 7 working days after
granting an operation registration paper to an arbitration center, the
provincial-level Justice Department shall send one copy of this paper to the
Ministry of Justice.
3. After being granted an
operation registration paper, an arbitration center shall announce its
establishment under Article 26 of the Law on Commercial Arbitration and have a
seal carved in accordance with law.
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Article 9.
Branches of arbitration centers
1. Branches are dependent units
of arbitration centers and may operate in the fields of operation indicated in
the establishment licenses of these arbitration centers.
2. Arbitration centers shall
take responsibility before law for the operations of their branches. An arbitration
center shall appoint an arbitrator to act as the head of its branch.
Article 10.
Registration of operation of branches
1. Within 15 working days after
deciding to establish a branch, an arbitration center shall register operation
of the branch with the provincial- level Justice Department of the locality in
which its branch is located.
A dossier for registration of
operation of a branch is a set of the following papers:
a/ An application for operation
registration;
b/ A certified copy of the establishment
license of the arbitration center; in case of submission of a copy, the
original is required for comparison;
c/ The arbitration center’s
original decision on establishment of a branch;
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e/ The original or a certified
copy of the paper proving the working office of the branch.
2. Within 10 days after
receiving a valid dossier, the provincial-level Justice Department shall grant
an operation registration paper to the branch.
3. Within 7 working days after
its branch is granted an operation registration paper, an arbitration center
shall notify in writing the establishment of its branch to the Ministry of
Justice.
In case an arbitration center
establishes a branch outside the province or centrally run city in which its
head office is located, within 7 working days after the branch is granted an
operation registration paper, the arbitration center shall notify in writing
the establishment of its branch to the Ministry of Justice and the
provincial-level Justice Department of the locality in which its head office is
located.
4. Branches of arbitration
centers may use seals in accordance with law.
Article 11.
Modification of establishment licenses or operation registration papers of
arbitration centers, operation registration papers of branches
1. When wishing to change their
names or fields of operation, arbitration centers shall send dossiers of
application for change of their names or fields of operation to the Ministry of
Justice. A dossier of application for change is a set of the following papers:
a/ An application for
modification of the establishment license;
b/ The original establishment
license of the arbitration center and papers relevant to the modification (if
any).
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3. Within 15 working days after
the document approving the modification of its license takes effect, an
arbitration center shall register the modification with the provincial-level
Justice Department with which it has registered its operation. The provincial-level
Justice Department with which the modification is registered shall record
changed contents in the operation registration paper of the center. A dossier
of application for registration of modified contents is a set of the following
papers:
a/ An application for
modification of the operation registration paper;
b/ The original operation
registration paper;
c/ A certified copy of the
establishment license of the arbitration center; in case of submission of a
copy, the original is required for comparison.
4. An arbitration center that
changes its at-law representative or removes its head office within a province
or centrally run city shall, within 7 working days after effecting the change,
notify in writing the change to the Ministry of Justice and send a dossier of
change in a registered content to the provincial-level Justice Department with
which it has registered its operation. Dossiers of application for registration
of changed contents shall be made according to Clause 3 of this Article.
In case of removal of its head
office to another province or centrally run city, an arbitration center shall
send a notice of removal to the provincial- level Justice Department that has
granted the operation registration paper and send a dossier for operation
registration to the provincial-level Justice Department of the locality in
which its new head office is located. A registration dossier contains the
papers specified in Article 8 of this Decree.
5. In case of change of the head
or removal of the office of a branch within a province or centrally run city,
within 7 working days after deciding on the change, the branch shall send a
dossier of application for such change to the provincial-level Justice
Department, with which it has registered its operation. Dossiers of application
for registration of changed contents shall be made according to Clause 3 of
this Article.
An arbitration center’s branch
that removes its office to another province or centrally run city shall send a
notice of removal to the provincial-level Justice Department that has granted
its operation registration paper and send an operation registration dossier to
the provincial-level Justice Department of the locality in which its new office
is located. Registration dossiers shall be made according to Article 10 of this
Decree.
Article 12.
Re-grant of establishment licenses and operation registration papers
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a/ An application for re-grant
of an establishment license or operation registration paper;
b/ Written certification of the
loss of an establishment license or operation registration paper issued by the
commune-level police office of the locality in which this license or paper is
lost.
2. The Ministry of Justice shall
consider and re-grant an establishment license within 10 working days after
receiving a dossier of application for re-grant. The provincial-level Justice
Department that has granted an operation registration paper shall consider and
re-grant this paper within 5 working days after receiving a dossier of
application for re-grant.
Article 13.
Representative offices of arbitration centers
1. Representative offices are
dependent units of arbitration centers and established to seek and promote
arbitration activity opportunities, and represent arbitration centers in
transactions of these centers. Representative offices have their heads.
2. Arbitration centers shall
take responsibility before law for operation of their representative offices.
3. Within 7 working days after
the establishment, removal or change of the head of its representative office,
an arbitration center shall notify in writing such establishment, removal or
change to the provincial-level Justice Department of the locality in which the
arbitration center’s head office is located and the provincial-level Justice
Department of the locality in which the representative office is located.
In case an arbitration center’s
representative office is established outside the province or centrally run city
in which the arbitration center’s head office is located, the dossier of
notification is a set of the following papers:
a/ A notice of establishment of
a representative office;
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Article 14.
Overseas branches or representative offices of arbitration centers
Within 30 days after being
licensed by a competent foreign authority to establish an overseas branch or
representative office or after the date of termination of operation of its
overseas branch or representative office, an arbitration center shall notify
such in writing to the Ministry of Justice or the provincial-level Justice
Department with which it has registered its operation.
Article 15.
Revocation of establishment licenses or operation registration papers of
arbitration centers or branches of arbitration centers
1. An arbitration center will
have its establishment license or operation registration paper revoked in the
following cases:
a/ It repeats a violation for
which is has been administratively sanctioned;
b/ It fails to conduct any
activity stated in its charter or establishment license in 5 consecutive years
after being granted an operation registration paper;
c/ It fails to register its
operation within 30 days after obtaining its establishment license with the
provincial-level Justice Department of the locality in which its head office is
located;
d/ It fails to amend or
supplement its charter or rules of arbitration proceedings to comply with the Law
on Commercial Arbitration within 12 months after the effective date of the Law
on Commercial Arbitration.
2. Any organization or
individual that detects an arbitration center falling into a case subject to
establishment license revocation shall notify such to the provincial-level
Justice Department of the locality in which the arbitration center’s head
office is located. The provincial-level Justice Department shall verity the
notified information.
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3. Within 15 working days after
receiving a written request of the provincial-level Justice Department, the
Minister of Justice shall issue a decision to revoke the establishment license
of the arbitration center. Within 30 days after the issuance of the decision to
revoke its establishment license, the arbitration center shall return its
license to the Ministry of Justice.
Within 15 working days after the
decision to revoke the establishment license of the arbitration center takes
effect, the arbitration center shall return its operation registration paper to
the provincial-level Justice Department that has granted this paper.
4. Branches of arbitration
centers that violate Point a, Clause 1 of this Article will have their
operation registration papers revoked. Branches of arbitration centers having
their establishment licenses revoked shall return their operation registration
papers to provincial-level Justice Departments that have granted these papers.
5. Fifteen working days after
detecting an arbitration center or a branch subject to operation registration
paper revocation in accordance with law, the provincial-level Justice
Department that has granted this paper shall revoke this paper.
Within 15 working days after the
decision to revoke its operation registration paper or the decision to sanction
its administrative violation takes effect, an arbitration or a branch shall
return its operation registration paper to the provincial-level Justice
Department that has granted this paper.
Article 16.
Order and procedures for termination of operation of arbitration centers
according to their charters
1. In case of termination of
operation of an arbitration center according to its charter under Point a,
Clause 1, Article 29 of the Law on Commercial Arbitration, at least 30 days
before the time of operation termination, the arbitration center shall notify
in writing the operation termination to the Ministry of Justice and the
provincial-level Justice Department with which the arbitration center has
registered its operation; and publish the operation termination on three
consecutive issues of a central daily or a daily of the locality in which its
has registered its operation.
The arbitration center shall
fully pay its debts and completely settle cases its has accepted, unless otherwise
agreed upon.
2. Within 7 working days after
completing the procedures specified in Clause 1 of this Article, the
arbitration center shall report in writing on the completion of procedures to
the Ministry of Justice.
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Article 17.
Order and procedures for termination of operation of arbitration centers in
case of revocation of establishment licenses
1. In case an arbitration center
has its establishment license revoked under Point b, Clause 1, Article 29 of
the Law on Commercial Arbitration and Article 15 of this Decree, within 60 days
after the issuance of the decision to revoke its establishment license, the
arbitration center shall fully pay its debts and completely settle cases it has
accepted, unless otherwise agreed upon.
2. Within 10 days after the
issuance of the decision on revocation of its establishment license, the
arbitration center shall publish the operation termination on three consecutive
issues of a central daily or a daily of the locality in which its has
registered its operation.
3. Within 7 working days after
the completion of the procedures specified in Clauses 1 and 2 of this Article,
the arbitration center shall report in writing on the completion of these
procedures to the Ministry of Justice and the provincial-level Justice
Department with which it has registered its operation and return its seal to a
competent agency.
Article 18.
Termination of operation of branches or representative offices of arbitration
centers
1. A branch of an arbitration
center shall terminate its operation in the following cases:
a/ Under the arbitration
center’s decision on termination of operation of its branch;
b/ The arbitration center
terminates its operation or has its establishment license revoked;
c/ The branch has its operation
registration paper revoked in accordance with law.
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The arbitration center shall
full pay its debts and completely settle cases it has accepted, unless
otherwise agreed upon.
Within 30 days after the date of
termination of operation of its branch, the arbitration center shall return the
branch’s operation registration paper to the provincial-level Justice
Department with which the branch has registered operation; and return the
branch’s seal to a competent agency.
3. Representative offices shall
terminate their operation under their arbitration centers’ decisions. At least
10 working days before the date of termination of operation of its
representative office, an arbitration center shall notify the operation
termination to the Ministry of Justice and the provincial-level Justice
Departments of the localities in which its head office and representative
office are located.
Article 19.
Order and procedures for announcing or changing lists of arbitrators and
information on commercial arbitration institutions and activities
1. An arbitration center or a
Vietnam-based branch of a foreign arbitration institution shall send its list
of arbitrators to the Ministry of Justice within 15 days after it is granted an
establishment license or make a change in its list of arbitrators.
On a monthly basis, the Ministry
of Justice shall update and announce the list of arbitrators on its e-portal.
The announcement of the list of arbitrators aims to provide information on
arbitrators without affecting their status.
2. Within 7 working days after deciding
to make a change in its list of arbitrators, an arbitration center or a
Vietnam-based branch of a foreign arbitration institution shall notify in
writing the change to the Ministry of Justice and the provincial-level Justice
Department with which it has registered its operation.
3. The Ministry of Justice shall
announce on its e-portal the establishment of arbitration institutions, the
revocation of establishment licenses and operation registration papers, the
termination of operation and other necessary information on commercial
arbitration institutions and activities.
Chapter
III
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Article 20.
Names of branches or representative offices of foreign arbitration institutions
1. Names of branches of foreign
arbitration institutions must contain the word “chi nhanh” (branch) and names
of foreign arbitration institutions.
2. Names of representative
offices of foreign arbitration institutions must contain the phrase “van phong
dai dien” and names of foreign arbitration institutions.
3. Names of branches or
representative offices of foreign arbitration institutions must be compliant
with the provisions on naming in Clauses 1 and 2, Article 6 of this Decree.
Article 21.
Grant of licenses for establishment of Vietnam-based branches or representative
offices of foreign arbitration institutions
1. Foreign arbitration
institutions wishing to establish their branches or representative offices in
Vietnam shall send dossiers of application for licenses for branch or
representative office establishment to the Ministry of Justice. Within 45 days
after receiving a valid dossier and a prescribed fee, the Ministry of Justice
shall consider granting a license for establishment of a branch or
representative office of a foreign arbitration institution. In case of refusal
to grant a license, it shall reply in writing, clearly stating the reason.
A license for establishment of a
foreign arbitration institution’s branch or representative office becomes valid
on the date of its signing.
2. A dossier for establishment
of a branch is a set of the following papers:
a/ An application for a license
for branch establishment;
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c/ A written introduction of
operation of the foreign arbitration institution;
d/ A certified copy of the
charter of the foreign arbitration institution;
e/ A certified copy of the
decision to appoint an arbitrator to act as the head of the branch, who must
permanently reside in Vietnam;
f/ A list of expected
arbitrators and employees of the branch.
3. A dossier for establishment
of a representative office is a set of the following papers:
a/ An application for a license
for representative office establishment;
b/ A certified copy of the
document proving the lawful establishment of the foreign arbitration
institution;
c/ A written introduction of
operation of the foreign arbitration institution;
d/ A certified copy of the
decision to appoint the head of the representative office;
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4. Applications for licenses for
establishment of Vietnam-based branches or representative offices of foreign
arbitration institutions must be made in Vietnamese. Foreign-language papers
enclosed with applications must be translated into Vietnamese and Vietnamese
translations must be certified under the Vietnamese law.
Papers issued by foreign
agencies or organizations or notarized or certified overseas must be consularly
legalized under the Vietnamese law, except cases exempt from consular
legalization under treaties to which the Socialist Republic of Vietnam is a
contracting party.
Article 22.
Registration of operation of Vietnam-based branches, notification of
establishment of Vietnam-based representative offices of foreign arbitration
institutions
1. Within 60 days after being
granted an establishment license, a branch of a foreign arbitration institution
shall register its operation with the provincial-level Justice Department of
the locality in which it is located.
2. A dossier for operation
registration is a set of the following papers:
a/ An application for operation
registration;
b/ The original or a certified
copy of the document proving the branch office;
c/ A certified copy of the branch
establishment license; in case of submission of a copy, the original is
required for comparison;
d/ A certified copy of the
decision to appoint the branch head.
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Within 7 working days after
granting an operation registration paper to the branch, the provincial-level
Justice Department shall send a copy of this paper to the Ministry of Justice.
4. Within 7 working days after
being granted an establishment license, a representative office of a foreign
arbitration institution shall notify in writing its establishment to the
provincial-level Justice Department of the locality in which it is located. A
dossier of notification is a set of the following papers:
a/ A notice of representative
office establishment;
b/ A certified copy of the
representative office establishment license; in case of submission of a copy,
the original is required for comparison.
5. Within 30 days after being
granted an operation registration paper, a branch of a foreign arbitration
institution shall publish its establishment on three consecutive issues of a
central daily or a daily of the locality in which the branch has registered its
operation.
Article 23.
Modification of establishment licenses or operation registration papers of
Vietnam-based branches or representative offices of foreign arbitration
institutions
1. Vietnam-based branches of
foreign arbitration institutions that change their names or fields of operation
shall send dossiers of application for change of their names or fields of
operation to the Ministry of Justice. A dossier of application for change is a
set of the following papers:
a/ An application for
modification of the establishment license;
b/ The original establishment
license of the branch of the foreign arbitration institution and papers
relevant to the modification (if any);
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2. Within 15 working days after
receiving the written approval of the modification of its establishment
license, a branch of a foreign arbitration institution shall register the
modification with the provincial-level Justice Department of the locality in
which it is located. A dossier for registration of modified contents is a set
of the following papers:
a/ An application for
modification of the operation registration paper;
b/ The original operation
registration paper;
c/ A certified copy of the
establishment license of the branch of the foreign arbitration institution; in
case of submission of a copy, the original is required for comparison.
The provincial-level Justice
Department with which the modification is registered shall record modified
contents in the operation registration paper of the branch.
3. A branch of a foreign
arbitration institution that changes its head or removes its office within a
province or centrally run city shall, within 7 working days after deciding on
the change, notify the change in writing to the Ministry of Justice and send a
dossier of application for registration of the change to the provincial-level
Justice Department with which it has registered its operation. A dossier of
application for registration of a change is a set of the following papers:
a/ An application for
modification of the operation registration paper;
b/ The original operation
registration paper;
c/ A certified copy of the
establishment license of the branch of the foreign arbitration institution; in
case of submission of a copy, the original is required for comparison.
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level Justice Department of the
locality in which its new office is located. Dossiers for registration shall be
made according to Article 22 of this Decree.
4. A Vietnam-based
representative office of a foreign arbitration institution that changes its
head or removes its office within a province or centrally run city shall notify
in writing the change, within 7 working days after deciding on it, to the
Ministry of Justice and the provincial-level Justice Department of the locality
in which its office is located.
In case of removal of its office
to another province or centrally run city, a representative office shall send a
notice of removal to the provincial-level Justice Departments of the localities
in which its old office and new office are located. A dossier of notification
to the provincial-level Justice Department of the locality in which the new
office is located is a set of the following papers:
a/ A notice of relocation of the
representative office;
b/ A certified copy of the
representative office establishment office; in case of submission of a copy,
the original is required for comparison.
Article 24.
Revocation of establishment licenses and operation registration papers of
Vietnam-based branches or establishment licenses of Vietnam- based
representative offices of foreign arbitration institutions
1. A Vietnam-based branch or representative
office of a foreign arbitration institution will have its establishment license
or operation registration paper revoked in the following cases:
a/ It repeats a violation for
which it has been administratively sanctioned;
b/ It fails to conduct any
operations stated in its establishment license in 5 consecutive years after it
is granted the establishment license.
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Within 7 working days after the
provincial-level Justice Department detects a branch or representative office
subject to establishment license revocation, it shall request in writing the
Ministry of Justice to revoke the establishment license, clearly stating the
reason and enclosing documents proving this reason (if any).
3. Within 15 working days after
receiving a written request of the provincial-level Justice Department, the
Minister of Justice shall issue a decision to revoke the establishment license
of the branch or representative office.
4. Within 30 days after the
Ministry of Justice issues a decision to revoke its establishment license, a
Vietnam-based branch or representative office of a foreign arbitration
institution shall return its establishment license to the Ministry of Justice.
5. Within 15 working days after
a provincial-level Justice Department that has granted an operation
registration paper for a branch of a foreign arbitration institution issues a
decision to revoke this paper, the branch shall return its operation
registration paper to the provincial-level Justice Department.
Article 25.
Termination of operation of Vietnam-based branches or representative offices of
foreign arbitration institutions
1. A Vietnam-based branch or
representative office of a foreign arbitration institution shall terminate its
operation in the following cases:
a/ It is forced to terminate its
operation under a decision of the foreign arbitration institution;
b/ The foreign arbitration
institution that has established the branch or representative office in Vietnam
terminates its operation;
c/ It has its establishment
license revoked under Article 24 of this Decree.
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Within 15 working days after
receiving a notice of termination of operation of a Vietnam-based branch or
representative office of a foreign arbitration institution, the Ministry of
Justice shall issue a decision on termination of operation of this branch or
representative office.
Before operation termination,
Vietnam-based branches or representative offices of foreign arbitration
institutions shall fully pay their debts, liquidate labor contracts, completely
settle cases they have accepted (for branches), unless otherwise agreed upon,
and return their licenses to the Ministry of Justice, their operation
registration papers to provincial-level Justice Departments and their seals to
agencies competent to grant and register the use of these seals.
3. In case a branch or
representative office has its establishment license revoked, it shall announce
the operation termination under Clause 1, Article 16 of this Decree, fully pay
its debts, liquidate labor contracts, and completely settle cases it has
accepted (for branches), unless otherwise agreed upon.
Within 60 days after a decision
of the Ministry of Justice on operation termination or a decision on sanctioning
of an administrative violation subject to license revocation takes effect, a
branch or representative office shall complete the above procedures and send a
written report on its operation termination to the Ministry of Justice and the
provincial-level Justice Department of the locality in which it is located, and
return its seal to the competent agency that has granted it.
Chapter IV
IMPLEMENTATION
PROVISIONS
Article 26.
Enforcement of decisions of arbitration councils on application of provisional
urgent measures
The enforcement of decisions of
arbitration councils on application, change or cancellation of provisional
urgent measures or application of additional provisional urgent measures
complies with the law on enforcement of civil judgments regarding enforcement
of court rulings on application of provisional urgent measures.
Article 27.
Transitional provisions
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A dossier of application for
approval of a revised charter is a set of the following papers:
a/ An application for approval
of the revised charter;
b/ A certified copy of the
establishment license of the arbitration center or the decision approving the
charter of the arbitration center; in case of submission of a copy, the original
is required for comparison;
c/ The draft revised charter.
2. Within 30 days after
receiving a valid dossier, the Ministry of Justice shall approve the revised
charter of an arbitration center.
Article 28.
Effect
1. This Decree takes effect on
September 20, 2011.
The Government’s Decree No.
25/2004/ND-CP of January 15, 2004, detailing a number of articles of the
Ordinance on Commercial Arbitration, ceases to be effective on the effective
date of this Decree.
2. Ministers, heads of
ministerial-level agencies, heads of government- attached agencies, and
chairpersons of provincial-level People’s Committees shall implement this
Decree.-
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ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung