In what forms do Vietnam-based foreign commercial mediation institutions operate according to current regulations?
- In what forms do Vietnam-based foreign commercial mediation institutions operate?
- What are the regulations on the name of branches of Vietnam-based foreign commercial mediation institutions?
- What is the dossier of request for change of names of branchs of Vietnam-based foreign commercial mediation institutions?
In what forms do Vietnam-based foreign commercial mediation institutions operate?
According to Article 33 of Decree No. 22/2017/ND-CP stipulating conditions for and forms of operation of Vietnam-based foreign commercial mediation institutions.
Conditions for and forms of operation of Vietnam-based foreign commercial mediation institutions
1. Foreign commercial mediation institutions that are lawfully established and operate in foreign countries and respect the Constitution and laws of the Socialist Republic of Vietnam may operate in Vietnam in accordance with this Decree.
2. Foreign commercial mediation institutions may operate in Vietnam in the following forms:
a/ Branches of foreign commercial mediation institutions (below referred to as branches);
b/ Representative offices of foreign commercial mediation institutions (below referred to as representative offices).
Thus, according to regulations, foreign commercial mediation institutions may operate in Vietnam in the following forms:
- Branches of foreign commercial mediation institutions (below referred to as branches);
- Representative offices of foreign commercial mediation institutions (below referred to as representative offices).
In what forms do Vietnam-based foreign commercial mediation institutions operate according to current regulations? (Image from the Internet)
What are the regulations on the name of branches of Vietnam-based foreign commercial mediation institutions?
Pursuant to Article 34 of Decree No. 22/2017/ND-CP stipulating branches and representative offices of Vietnam-based foreign commercial mediation institutions:
Branches and representative offices of Vietnam-based foreign commercial mediation institutions
1. Branch is a dependent unit of a foreign commercial mediation institution, which is established to carry out commercial mediation activities in Vietnam in accordance with this Decree. A foreign commercial mediation institution shall take responsibility before Vietnamese law for the operation of its branch. The foreign commercial mediation institution shall appoint a commercial mediator to be head of its branch. The head of a branch shall act as the authorized representative of a Vietnam-based foreign commercial mediation institution.
2. Representative office is a dependent unit of a foreign commercial mediation institution, which is established to seek and promote opportunities of mediation activities in Vietnam in accordance with this Decree. The foreign commercial mediation institution shall take responsibility before Vietnamese law for the operation of its representative office.
3. The name of a branch of a foreign commercial mediation institution must contain the word “Chi nhanh” (branch) and the name of the institution.
The name of the representative office of a foreign commercial mediation institution must contain the words “Van phong dai dien” (representative office) and the name of the institution.
Names of branches or representative offices of foreign commercial mediation institutions must comply with Clause 1, Article 20 of this Decree.
Thus, the name of a branch of a foreign commercial mediation institution must contain the word “Chi nhanh” (branch) and the name of the institution.
What is the dossier of request for change of names of branchs of Vietnam-based foreign commercial mediation institutions?
According to the provisions of Article 38 of Decree No. 22/2017/ND-CP stipulating as follows:
Change of names, heads or addresses of branches or representative offices of Vietnam-based foreign commercial mediation institutions
1. A branch that wishes to change its name or head or change its address from a province or centrally run city to another shall send 1 set of dossier of request for the change to the Ministry of Justice, comprising:
a/ A written request for the change, made according to a form issued by the Ministry of Justice;
b/ Papers relevant to the change.
Within 15 days after receiving a valid dossier, the Ministry of Justice shall issue a written approval of the change; in case of refusal, it shall notify the reason in writing.
2. Within 15 days from the effective date of the Ministry of Justice’s written approval of the change of its name or head, a branch shall send a written request for the change of its name or head in its operation registration certificate to the provincial-level Department of Justice of the locality where it has registered its operation. Within 7 working days after receiving the branch’s written request, the provincial-level Department of Justice shall issue a decision to change the name or head of the branch in its operation registration certificate.
3. Within 20 days from the effective date of the Ministry of Justice’s written approval of the change of its address from a province or centrally run city to another, a branch shall register operation with the provincial-level Department of Justice of the locality where it moves to. The order and procedures for operation registration must comply with Clauses 2 and 3, Article 37 of this Decree.
Within 7 working days after being granted a new operation registration certificate, the branch shall send a written notice thereof to the provincial-level Department of Justice of the locality where it has registered its operation before the change of its address. The provincial-level Department of Justice shall issue a decision to revoke the branch’s operation registration certificate.
4. A representative office that wishes to change its name or head or change its address from a province or centrally run city to another shall, within 7 working days after deciding on the change, send a written notice thereof to the Ministry of Justice and provincial-level Department of Justice of the locality where it is located.
Thus, a branch that wishes to change its name or head or change its address from a province or centrally run city to another shall send 1 set of dossier of request for the change to the Ministry of Justice, comprising:
- A written request for the change, made according to a form issued by the Ministry of Justice;
- Papers relevant to the change.
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