Is there a penalty imposed upon the arbitration center for failing to send a written notice of the modifications to the list of arbitrators to the competent authority in Vietnam?
- Does the arbitration center have to send a written notice of the modifications to the list of arbitrators to the competent authority in Vietnam?
- How much is the administrative penalty imposed upon the arbitration center for failing to send a written notice of the modifications to the list of arbitrators to the competent authority in Vietnam?
- What are the contents of State management of arbitration?
Does the arbitration center have to send a written notice of the modifications to the list of arbitrators to the competent authority in Vietnam?
According to Article 28 of the 2010 Law on Commercial Arbitration of Vietnam, the rights and obligations of arbitration centers in Vietnam are as follows:
Rights and obligations of arbitration centers in Vietnam
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, according to regulations, the arbitration center must send their lists of arbitrators and modifications to these lists to the Ministry of Justice for announcement.
Is there a penalty imposed upon the arbitration center for failing to send a written notice of the modifications to the list of arbitrators to the competent authority in Vietnam? (Image from the Internet)
How much is the administrative penalty imposed upon the arbitration center for failing to send a written notice of the modifications to the list of arbitrators to the competent authority in Vietnam?
Pursuant to the provisions of Clause 2, Article 26 of Decree No. 82/2020/ND-CP stipulating as follows:
Violation against regulations on operation of arbitration centers or branches of arbitration centers; branches, representative offices of foreign arbitration institutions in Vietnam
...
2. A fine of between VND 3,000,000 and VND 7,000,000 shall be imposed for one of the following acts:
a) Failing to notify in writing the competent authority of the change of the legal representative, the head of the branch or the head of the representative office of the arbitration center; the head of the branch, the head of the representative office of the foreign arbitration institution;
b) Failing to notify the competent authority in writing of the change of the location of the headquarters of the arbitration center, the branch of the arbitration center, the location of the representative office of the arbitration center; the location of the head office of the branch or representative office of the foreign arbitration institution;
c) Failing to notify in writing the competent authority of the change in the list of arbitrators of the arbitration center or branch of the foreign arbitration institution;
d) Failing to notify in writing the competent authority of the establishment of a branch or representative office of the arbitration center; branches, representative offices of arbitration centers in foreign countries; representative offices of foreign arbitration institutions;
dd) Failing to notify in writing the competent authority of the termination of operation or completion of procedures for the termination of operation of the arbitration center, its branch or representative office; branches, representative offices of foreign arbitration institutions;
e) Failing to publish in newspapers upon the establishment or termination of operation of the arbitration center; branches, representative offices of foreign arbitration institutions;
g) Failing to post the list of arbitrators or the main contents of registration of operation of the arbitration center;
h) Failing to comply with the reporting regime; failing to make and manage books and forms according to regulations;
i) Storing arbitration files improperly.
Thus, according to regulations, an arbitration center that fails to notify in writing the competent authority of the change in the list of arbitrators may be subject to an administrative penalty of up to VND 7,000,000.
The fines mentioned above are imposed upon organizations. The fines imposed upon an individual are 1/2 of those imposed upon an organization.
What are the contents of State management of arbitration?
According to the provisions of Clause 1, Article 15 of the 2010 Law on Commercial Arbitration of Vietnam, the state management of arbitration includes the following contents:
- Promulgating, and guiding the implementation of, legal documents on arbitration;
- Granting and revoking establishment licenses and operation registration papers of arbitration centers; or branches and representative offices of foreign arbitration institutions in Vietnam;
- Announcing lists of arbitrators of arbitration institutions operating in Vietnam;
- Propagating and disseminating the arbitration law; entering into international cooperation on arbitration; and guiding the training and retraining of arbitrators:
- Examining, inspecting, and handling violations of the arbitration law;
- Settling complaints and denunciations related to the activities specified at Points b, c, d and e of this Clause.
LawNet
