Vietnam: In what cases will a commercial mediation center terminate its operation? In what cases will the branch of a commercial mediation center terminate its operation?
In what cases will a commercial mediation center in Vietnam terminate its operation?
Pursuant to Clause 1, Article 31 of Decree 22/2017/ND-CP as follows:
Termination of operation of commercial mediation centers or commercial mediation activities of arbitration centers
1. A commercial mediation center shall terminate operation in the following cases:
a/ It terminates operation at its own discretion;
b/ Its establishment license is revoked under Clause 1, Article 30 of this Decree.
Referring to Clause 1, Article 30 of Decree 22/2017/ND-CP as follows:
Revocation of establishment licenses or operation registration certificates of commercial mediation centers or operation registration certificates of branches of commercial mediation centers
1. A commercial mediation center may have its establishment license revoked in the following cases:
a/ It repeats a violation related to commercial mediation for which it has been administratively sanctioned under the law on handling of administrative violations;
b/ It does not carry out any commercial mediation activity within 5 consecutive years after being granted an establishment license;
c/ It fails to register operation with the provincial-level Department of Justice of the locality where its head office is located within 30 days from the effective date of the decision on grant of its establishment license, unless it has a plausible reason.
Thus, a commercial mediation center shall terminate operation in the following cases:
- It terminates operation at its own discretion
- It repeats a violation related to commercial mediation for which it has been administratively sanctioned under the law on handling of administrative violations;
- It does not carry out any commercial mediation activity within 5 consecutive years after being granted an establishment license;
- It fails to register operation with the provincial-level Department of Justice of the locality where its head office is located within 30 days from the effective date of the decision on grant of its establishment license unless it has a plausible reason.
In what cases will the branch of a commercial mediation center in Vietnam terminate its operation?
Pursuant to Article 32 of Decree 22/2017/ND-CP as follows:
Termination of operation of branches or representative offices of commercial mediation centers
1. The branch of a commercial mediation center shall terminate operation in the following cases:
a/ Under the center’s decision;
b/ The center terminates operation under Clause 1, Article 31 of this Decree;
c/ Its operation registration certificate is revoked under Clause 4, Article 30 of this Decree.
2. Within 30 days from the date of termination of operation of its branch, a commercial mediation center shall send a written notice thereof to the Ministry of Justice, provincial-level Department of Justice of the locality where the center has registered its operation and provincial-level Department of Justice of the locality where the branch has registered its operation.
3. The representative office of a commercial mediation center shall terminate operation under the center’s decision or when the center terminates operation under Clause 1, Article 31 of this Decree. At least 10 days before the date of termination of operation of its representative office, the commercial mediation center shall notify such to the provincial-level Department of Justice of the locality where it has registered its operation and provincial-level Department of Justice of the locality where its representative office is located.
Thus, the branch of a commercial mediation center shall terminate operation in the following cases:
- There is the center’s decision;
- The center terminates operation;
- Its operation registration certificate is revoked.
In what cases will arbitration centers in Vietnam terminate commercial mediation activities?
Pursuant to Clause 5, Article 31 of Decree 22/2017/ND-CP, an arbitration center shall terminate commercial mediation activities in the following cases:
- It terminates operation under the law on commercial arbitration;
- It terminates commercial mediation activities under its Charter;
- It does not carry out any commercial mediation activity within 5 years from the effective date of the Ministry of Justice’s decision on the addition of commercial mediation activities;
- It repeats a violation related to commercial mediation for which it has been administratively sanctioned under the law on handling administrative violations.
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