What is the application for the establishment of commercial mediation centers in Vietnam? What is the time limit for granting operation registration certificates to commercial mediation centers in Vietnam?
What is the application for the establishment of commercial mediation centers in Vietnam?
Pursuant to the provisions of Article 21 of Decree No. 22/2017/ND-CP stipulating the procedures for establishment of commercial mediation centers as follows:
Procedures for establishment of commercial mediation centers
1. A Vietnamese citizen who fully satisfies the criteria for a commercial mediator specified in Clause 1, Article 7 of this Decree and wishes to establish a commercial mediation center shall send 1 set of dossier to the Ministry of Justice, comprising:
a/ A written request for establishment of a commercial mediation center, made according to a form issued by the Ministry of Justice;
b/ A list of the center’s founders;
c/ Papers proving the founders’ full satisfaction of the criteria for a commercial mediator specified in Clause 1, Article 7 of this Decree;
d/ The draft Mediation Rule of the center.
The contents of the center’s Mediation Rule must not contravene law.
2. Within 30 days after receiving a valid dossier, the Ministry of Justice shall grant an establishment license to the commercial mediation center; in case of refusal, it shall notify the reason in writing. The person having his/her request for establishment of a commercial mediation center rejected may lodge a complaint or initiate a lawsuit in accordance with law.
Thus, according to regulations, Vietnamese citizen who fully satisfies the criteria for a commercial mediator specified in Clause 1, Article 7 of this Decree and wishes to establish a commercial mediation center shall send 1 set of dossier to the Ministry of Justice, comprising:
- A written request for establishment of a commercial mediation center, made according to a form issued by the Ministry of Justice;
- A list of the center’s founders;
- Papers proving the founders’ full satisfaction of the criteria for a commercial mediator specified in Clause 1, Article 7 of this Decree;
- The draft Mediation Rule of the center.
The contents of the center’s Mediation Rule must not contravene law.
What is the application for the establishment of commercial mediation centers in Vietnam? What is the time limit for granting operation registration certificates to commercial mediation centers in Vietnam? (Image from the Internet)
What is the time limit for granting operation registration certificates to commercial mediation centers in Vietnam?
According to Article 22 of Decree No. 22/2017/ND-CP on registration of operation of commercial mediation centers as follows:
Registration of operation of commercial mediation centers
1. Within 30 days from the effective date of the decision on grant of its establishment license, a commercial mediation center shall send a dossier for operation registration to the provincial-level Department of Justice of the locality where its head office is located. Past this time limit, if the center fails to register its operation, its establishment license shall be invalidated, unless it has a plausible reason.
2. A dossier for operation registration of a commercial mediation center must comprise:
a/ A written request for operation registration, made according to a form issued by the Ministry of Justice;
b/ A certified copy, or a copy enclosed with the original for comparison, of the center establishment license;
c/ Papers proving the center’s head office.
3. Within 15 days after receiving a valid dossier, the provincial-level Department of Justice shall grant an operation registration certificate to the commercial mediation center; in case of refusal, it shall notify the reason in writing. The provincial-level Department of Justice shall send a copy of such operation registration certificate to the Ministry of Justice.
4. A commercial mediation center may start to operate on the date it is granted an operation registration certificate and use its seal in accordance with law.
5. Within 30 days after being granted an operation registration certificate, a commercial mediation center shall publish in 3 consecutive issues of a central daily or a newspaper of the locality where it registers its operation the following basic information:
a/ Name and head-office address of the center;
b/ Operation areas of the center;
c/ Serial number, issuer and date of issuance of the operation registration certificate;
d/ Starting time of the center’s operation.
Thus, according to regulations, within 15 days after receiving a valid dossier, the provincial-level Department of Justice shall grant an operation registration certificate to the commercial mediation center; in case of refusal, it shall notify the reason in writing. The provincial-level Department of Justice shall send a copy of such operation registration certificate to the Ministry of Justice.
Does the commercial mediation center operate for profit?
According to Article 19 of Decree No. 22/2017/ND-CP on commercial mediation centers as follows:
Commercial mediation centers
1. Commercial mediation centers shall be established in accordance with this Decree and have the legal person status and own seals and bank accounts.
2. Commercial mediation centers shall operate not for profit.
3. Commercial mediation centers may establish branches and representative offices at home and abroad.
4. The organizational structure of a commercial mediation center shall be stated in the Charter of the center. The chairperson of a commercial mediation center must be a commercial mediator.
Thus, according to regulations, commercial mediation centers shall operate not for profit.
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