What is the administrative penalty imposed on a commercial mediation center for failing to send a written notice of establishment of a branch in Vietnam to the competent authority?
- What is the dossier for registration of operation of branches of commercial mediation centers in Vietnam?
- What is the administrative penalty imposed on a commercial mediation center for failing to send a written notice of establishment of a branch in Vietnam to the competent authority?
- What are the obligations of commercial mediation centers in Vietnam?
What is the dossier for registration of operation of branches of commercial mediation centers in Vietnam?
According to Article 25 of Decree No. 22/2017/ND-CP stipulating branches of commercial mediation centers as follows:
Branches of commercial mediation centers
1. Branch is a dependent unit of a commercial mediation center and shall operate in the operation areas stated in the center establishment license.
2. A commercial mediation center shall take responsibility before law for the operation of its branch, and appoint a commercial mediator to act as the branch’s head.
3. Within 15 days after deciding to establish a branch, a commercial mediation center shall send 1 set of dossier for registration of the branch’s operation to the provincial-level Department of Justice of the locality where such branch will be located, comprising:
a/ A written request for registration of a branch’s operation, made according to a form issued by the Ministry of Justice;
b/ The branch’s establishment decision issued by the center.
Within 10 days after receiving a valid dossier, the provincial-level Department of Justice shall grant an operation registration certificate to the branch and send a copy of this certificate to the Ministry of Justice.
4. In case a commercial mediation center establishes its branch outside a province or centrally run city where it has registered its operation, within 7 working days after its branch is granted an operation registration certificate, the center shall send a written notice of the branch’s establishment to the provincial-level Department of Justice of the locality where it has registered its operation.
5. The branch of a commercial mediation center may use a seal in accordance with law.
Thus, according to regulations, within 15 days after deciding to establish a branch, a commercial mediation center shall send 1 set of dossier for registration of the branch’s operation to the provincial-level Department of Justice of the locality where such branch will be located, comprising:
- A written request for registration of a branch’s operation, made according to a form issued by the Ministry of Justice;
- The branch’s establishment decision issued by the center.
What is the administrative penalty imposed on a commercial mediation center for failing to send a written notice of establishment of a branch in Vietnam to the competent authority? (Image from the Internet)
What is the administrative penalty imposed on a commercial mediation center for failing to send a written notice of establishment of a branch in Vietnam to the competent authority?
Pursuant to Article 29 of Decree No. 82/2020/ND-CP stipulating as follows:
Violations on the operation of commercial mediation centers or branches of commercial mediation centers; branches, representative offices of foreign commercial mediation institutions in Vietnam
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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 the competent authority in writing of the establishment of a branch or representative office of a domestic or foreign commercial mediation center; representative office of a foreign commercial mediation institution;
b) Failing to notify the competent authority in writing of the change of the address of the head office of the commercial mediation center or branch of the commercial mediation center; location, head of the representative office of the commercial mediation center; branches, representative offices of foreign commercial mediation institutions;
c) Failing to publish a notice on the establishment of a mediation center or failing to send a list of commercial mediators of their organization;
d) Failing to notify the competent authority in writing of the termination of operation and completion of procedures for terminating the operation of the mediation center; branch, representative office of the mediation center; branches, representative offices of foreign commercial mediation institutions;
d) Failure to comply with the reporting regime; failing to make and manage books and forms according to regulations;
e) Failing to keep commercial mediation files;
g) Failure to register at the competent authority the change of name and head office address of the commercial mediation center; name, branch head, head office address of the branch, representative office of the foreign commercial mediation institution.
Thus, the commercial mediation center does not notify in writing the competent authority of the establishment of a branch or representative office of the commercial mediation center in the country and abroad; representative office of a foreign commercial mediation institution; may be administratively fined up to VND 7,000,000.
What are the obligations of commercial mediation centers in Vietnam?
Pursuant to the provisions of Clause 2, Article 24 of Decree No. 22/2017/ND-CP, a commercial mediation institution has the following obligations:
- To make and publicize a list of its commercial mediators and send it to the Ministry of Justice and provincial-level Department of Justice of the locality where it has registered its operation within 7 working days from the date it is granted the operation registration certificate, or from the effective date of the decision on addition of commercial mediation activities for the arbitration center, or from the date the list of commercial mediators is changed;
- To pay remuneration and other costs to commercial mediators;
- To issue its own codes of ethics and conduct applicable to commercial mediators;
- To formulate, issue and publicize the Mediation Rule and mediation remuneration rates;
- To report on its organization and operation to the provincial-level Department of Justice of the locality where it has registered its operation on an annual basis and upon request;
- To archives files and provide information on mediation results at the request of disputing parties or competent state agencies;
- Other obligations as prescribed in this Decree and relevant laws.
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