After being granted the license to establish an arbitration center in Vietnam, what are the procedures to register its operation?
What is the dossier of request for establishment of an arbitration center in Vietnam?
Pursuant to the provisions of Article 24 of the 2010 Law on Commercial Arbitration of Vietnam, the conditions as well as the required documents and procedures for the establishment of an arbitration center 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, in order to establish an arbitration center, it is necessary to have at least 05 founding members who are arbitrators in accordance with the Arbitration Law and prepare all necessary documents as prescribed in Clause 2, Article 24 of the 2010 Law on Commercial Arbitration of Vietnam.
After being granted the license to establish an arbitration center in Vietnam, what are the procedures to register its operation? (Image from the Internet)
What are the regulations on the registration of operation of an arbitration center in Vietnam?
Pursuant to the provisions of Article 25 of the 2010 Law on Commercial Arbitration of Vietnam, the procedures for registration of operation of an arbitration center are as follows:
Registration of the operation of arbitration centers in Vietnam
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, the dossier for operation registration of an arbitration center is prescribed in Clause 1, Article 8 of Decree No. 63/2011/ND-CP (Point d, Clause 1 of this Article is annulled by Clause 1, Article 1 of Decree No. 124/2018/ND-CP) as follows:
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;
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.
An arbitration center may commence its operation from the date it is granted an operation registration paper.
Thus, to register for operation, the arbitration center needs to prepare the documents as prescribed above, and after being granted the operation registration paper, the arbitration center needs to announce its establishment in accordance with the law.
What are the rights and obligations of an arbitration center in Vietnam?
Pursuant to Article 28 of the 2010 Law on Commercial Arbitration of Vietnam, the rights and obligations of arbitration centers are as follows:
Rights and obligations of arbitration centers
1. To draft their charter and rules of proceedings which must be in accordance with this Law.
2. To set out criteria for arbitrators and processes of selection and listing arbitrators and deleting names of arbitrators from their lists of arbitrators.
3. To send their lists of arbitrators and modifications to these lists to the Ministry of Justice for announcement.
4. To designate arbitrators for forming arbitration councils in the cases specified in this Law.
5. To provide arbitration services, conduct conciliation and apply other modes of settling commercial disputes under law.
6. To provide administrative, office and other services for dispute settlement.
7. To collect arbitration charges and other lawful amounts related to arbitral operations.
8. To pay remuneration and other expenses to arbitrators.
9. To train arbitrators for raising their dispute settlement qualifications and skills.
10. To annually report on their operation to provincial-level Justice Departments of localities in which they register their operation.
11. To preserve dossiers and provide copies of arbitral decisions at the request of disputing parties or competent state agencies.
Thus, the arbitration center must ensure the proper performance of its rights and obligations as prescribed by law after being allowed to operate.
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