What is the dossier of request for establishment of branch in Vietnam of a foreign commercial mediation institution?
- What is the dossier of request for establishment of branch in Vietnam of a foreign commercial mediation institution?
- What is the time limit for grant of operation registration certificate to a branch of a Vietnam-based foreign commercial mediation institution?
- What are the rights and obligations of branches or representative offices of Vietnam-based foreign commercial mediation institutions?
What is the dossier of request for establishment of branch in Vietnam of a foreign commercial mediation institution?
According to the provisions of Clause 1, Article 36 of Decree No. 22/2017/ND-CP, a foreign commercial mediation institution that wishes to establish a branch or representative office in Vietnam shall send 1 set of dossier to the Ministry of Justice of Vietnam, comprising:
- A written request for establishment of a branch or representative office, made according to a form issued by the Ministry of Justice of Vietnam;
- A certified copy of the paper proving the lawful establishment of the institution, issued by a competent foreign authority;
- A written introduction of the institution’s operation;
- The decision appointing a commercial mediator to be the head of the branch or representative office;
- A list of commercial mediators and staff members expected to work at the branch; or a list of staff members expected to work at the representative office.
What is the dossier of request for establishment of branch in Vietnam of a foreign commercial mediation institution? (Image from the Internet)
What is the time limit for grant of operation registration certificate to a branch of a Vietnam-based foreign commercial mediation institution?
According to Article 37 of Decree No. 22/2017/ND-CP stipulating the registration of operation of branches or announcement of establishment of representative offices of Vietnam-based foreign commercial mediation institutions as follows:
Registration of operation of branches or announcement of establishment of representative offices of Vietnam-based foreign commercial mediation institutions
1. Within 60 days from the effective date of the decision on grant of its establishment license, a branch shall send 1 set of dossier for operation registration to the provincial-level Department of Justice of the locality where it is located. Past this time limit, if the branch fails to register operation, its establishment license shall be invalidated, unless it has a plausible reason.
2. A dossier for operation registration must comprise:
a/ A written request for operation registration, made according to a form issued by the Ministry of Justice of Vietnam;
b/ A certified copy, or a copy enclosed with the original for comparison, of the branch’s establishment license;
c/ Papers proving the branch’s office.
3. Within 10 days after receiving a complete and valid dossier, the provincial-level Department of Justice shall grant an operation registration certificate to the branch. The branch may start operation on the date it is granted the operation registration certificate.
Within 7 working days after granting the operation registration certificate to the branch, the provincial-level Department of Justice shall send a copy of this certificate to the Ministry of Justice of Vietnam.
4. Within 7 working days from the effective date of the decision on grant of its establishment license, a representative office shall send 1 set of dossier notifying its establishment to the provincial-level Department of Justice of the locality where it is located, comprising:
a/ A notice of the establishment of the representative office;
b/ A certified copy, or a copy enclosed with the original for comparison, of the representative office establishment license.
Thus, according to regulations, the timie limit for granting an operation registration certificate to a branch of a Vietnam-based foreign commercial mediation institution:
- Within 10 days after receiving a complete and valid dossier, the provincial-level Department of Justice shall grant an operation registration certificate to the branch. The branch may start operation on the date it is granted the operation registration certificate.
- Within 7 working days after granting the operation registration certificate to the branch, the provincial-level Department of Justice shall send a copy of this certificate to the Ministry of Justice of Vietnam.
What are the rights and obligations of branches or representative offices of Vietnam-based foreign commercial mediation institutions?
Pursuant to Article 35 of Decree No. 22/2017/ND-CP stipulating the rights and obligations of branches and representative offices of Vietnam-based foreign commercial mediation institutions as follows:
Rights and obligations of branches and representative offices of Vietnam-based foreign commercial mediation institutions
1. Rights and obligations of a branch
a/ To rent a working office to serve its operation;
b/ To recruit Vietnamese and foreign employees in accordance with law;
c/ To open Vietnam dong and foreign currency accounts at banks licensed to operate in Vietnam to serve its operation;
d/ To transfer its incomes abroad in accordance with Vietnamese law;
dd/ To have a seal as prescribed by law;
e/ To operate for proper purposes and within the scope and period stated in its establishment license;
g/ To appoint mediators to conduct mediation as authorized by the foreign commercial mediation institution;
h/ To provide commercial mediation services;
i/ To archive files and provide copies of written records of mediation results at the request of disputing parties or competent state agencies;
k/ To report on the organization of commercial mediation activities to the provincial-level Department of Justice of the locality where it has registered its operation on an annual basis and upon request;
l/ Other rights and obligations as prescribed by law.
2. Rights and obligations of a representative office
a/ The rights and obligations specified at Points a, b, c, dd, e and l, Clause 1 of this Article;
b/ To seek and promote opportunities of commercial mediation activities in Vietnam;
c/ To refrain from carrying out commercial mediation activities in Vietnam; to carry out only activities to promote and advertise commercial mediation activities in accordance with Vietnamese law;
d/ To report on its organization and activities to the provincial-level Department of Justice of the locality where it is located on an annual basis and upon request.
Thus, a branch or representative office of a Vietnam-based foreign commercial mediation institution has the rights and obligations specified above.
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