What is the administrative penalty for erasing and falsifying papers issued by a competent person in the application for establishment of arbitration center in Vietnam?
- What are the documents required for the establishment of arbitration center in Vietnam?
- What is the administrative penalty for erasing and falsifying the contents of papers issued by a competent person in the dossier of request for establishment of an arbitration center in Vietnam?
- What is the time limit for registering operation of an arbitration center in Vietnam?
What are the documents required for the establishment of arbitration center in Vietnam?
According to Article 24 of the 2010 Law on Commercial Arbitration of Vietnam, the conditions and procedures for establishment of arbitration centers are as follows:
Conditions and procedures for the establishment of arbitration centers
1. An arbitration center may be established when at least 5 founding members being Vietnamese citizens who satisfy all the criteria of arbitrators specified in Article 20 of this Law request such establishment and this center is granted an establishment license by the Minister of Justice.
2. A dossier of request for establishment of an arbitration center comprises:
a/ A written request;
b/ Draft charter of the arbitration center, made according to a form issued by the Ministry of Justice:
c/ List of founding members and enclosed papers evidencing their eligibility under Article 20 of this Law.
3. Within 30 days after receiving a complete and valid dossier, the Minister of Justice shall grant an arbitration center establishment license and approve the arbitration center's charter. In case of refusal, he/she shall issue a written reply clearly stating the reason.
Thus, according to regulations, the dossier of request for the establishment of an arbitration center includes:
- A written request;
- Draft charter of the arbitration center, made according to a form issued by the Ministry of Justice:
- List of founding members and enclosed papers evidencing their eligibility under Article 20 of this Law.
What is the administrative penalty for erasing and falsifying the contents of papers issued by a competent person in the dossier of request for establishment of an arbitration center in Vietnam? (Image from the Internet)
What is the administrative penalty for erasing and falsifying the contents of papers issued by a competent person in the dossier of request for establishment of an arbitration center in Vietnam?
According to the provisions of Article 25 of Decree No. 82/2020/ND-CP stipulating as follows:
Violation against regulations on the establishment and registration of operation of arbitration centers, branches of arbitration centers, branches and representative offices of foreign arbitration institutions in Vietnam
1. A fine ranging from VND 3,000,000 to VND 7,000,000 shall be imposed for erasing, correcting and falsifying the contents of papers issued by competent agencies, organizations or persons in the application for establishment; register the operation of arbitration centers and branches of arbitration centers; change the name and field of operation of the arbitration center, change the operation registration of the branch of the arbitration center; establishment, operation registration, change of name and field of operation of branches of foreign arbitration institutions; establish a representative office of a foreign arbitration institution; change the head of the representative office, the location of the representative office of the foreign arbitration institution.
2. Additional penalties:
Confiscate material evidences which are papers and documents that have been erased or modified to falsify their contents, for violations specified in Clause 1 of this Article.
3. Remedial measures:
a) Proposing competent agencies, organizations or persons to consider and handle the issued papers and documents due to violations specified in Clause 1 of this Article; papers and documents that have been erased or corrected to falsify the contents specified in Clause 1 of this Article;
b) Forcible return of illegal profits obtained from committing violations specified in Clause 1 of this Article.
Thus, according to the regulations, the act of erasing and falsifying the contents of documents issued by a competent person in the application file for the establishment of an arbitration center can be administratively sanctioned up to VND 7,000,000. In addition, the act of erasing and falsifying the contents of documents issued by a competent person in the application file for the establishment of an arbitration center will be subject to:
- Confiscation of material evidences being erased papers falsifying the contents of papers
- Proposing competent agencies, organizations and persons to consider and handle the issued papers and documents; papers and documents that have been erased or corrected to falsify their contents;
- Forcible return of illegally obtained profits.
The above fines are imposed on individuals; the fines incurred by an organization are twice as much as that incurred by an individual for the same administrative violation.
What is the time limit for registering operation of an arbitration center in Vietnam?
Pursuant to the provisions of Article 25 of the 2010 Law on Commercial Arbitration of Vietnam on registration of operation of arbitration centers as follows:
Registration of the operation of arbitration centers
Within 30 days after receiving its establishment license, an arbitration center shall register its operation at the provincial-level Justice Department of the locality in which it has its head office. Past this time limit, if the arbitration center fails to register its operation, its license will no longer be valid.
The provincial-level Justice Department shall grant an operation registration paper for an arbitration center within 15 days after receiving a written request for registration.
Thus, according to regulations, within 30 days after receiving its establishment license, an arbitration center shall register its operation at the provincial-level Justice Department of the locality in which it has its head office. Past this time limit, if the arbitration center fails to register its operation, its license will no longer be valid.
Nguyễn Thị Hồng Nhung
