What are the procedures for establishment of commercial mediation centers in Vietnam?

Regarding this matter, LawNet would like to answer as follows:

1. What are commercial mediation centers?

According to Article 18 of Decree 22/2017/ND-CP regulating commercial mediation institutions:

Commercial mediation institutions include:

- Commercial mediation centers that are established and operate in accordance with this Decree.

- Arbitration centers that are established and operate in accordance with the law on commercial arbitration and carry out commercial mediation activities under Article 23 of Decree 22/2017/ND-CP.

Thus, according to the above regulations, a commercial mediation center is one of two forms of commercial mediation institutions.

Commercial mediation centers have the following characteristics:

- Commercial mediation centers have the legal person status and own seals and bank accounts.

- Commercial mediation centers shall operate not for profit.

- Commercial mediation centers may establish branches and representative offices at home and abroad.

- The organizational structure of a commercial mediation center shall be stated in the Charter of the center. The chairperson of a commercial mediation center must be a commercial mediator.

2. What are the procedures for establishment of commercial mediation centers in Vietnam?

According to the provisions of Article 21 of Decree 22/2017/ND-CP, the procedures for establishment of commercial mediation centers are as follows:

- A Vietnamese citizen who fully satisfies the criteria for a commercial mediator specified in Clause 1, Article 7 of this Decree and wishes to establish a commercial mediation center shall send 1 set of dossier to the Ministry of Justice,

Accordingly, in Clause 1, Article 7, Decree 22/2017/ND-CP stipulates as follows:

“Article 7. Criteria for a commercial mediator

1. A person who fully satisfies the following criteria may act as a commercial mediator:

a/ Having full civil act capacity as prescribed by the Civil Code; having good moral qualities and prestige, and working in an independent, impartial and objective manner;

b/ Possessing a university or higher degree and having at least 2 years’ working experience in the discipline he/she has studied;

c/ Having mediation skills and knowledge about law, business and commercial practices and relevant issues.”

The dossier includes:

+ A written request for establishment of a commercial mediation center, made according to a form issued by the Ministry of Justice;

+ A list of the center’s founders;

+ Papers proving the founders’ full satisfaction of the criteria for a commercial mediator specified in Clause 1, Article 7 of Decree 22/2017/ND-CP;

+ The draft Mediation Rule of the center.

The contents of the center’s Mediation Rule must not contravene law.

- Within 30 days after receiving a valid dossier, the Ministry of Justice shall grant an establishment license to the commercial mediation center; in case of refusal, it shall notify the reason in writing. The person having his/her request for establishment of a commercial mediation center rejected may lodge a complaint or initiate a lawsuit in accordance with law.

3. What are the procedures for registration of operation of commercial mediation centers in Vietnam?

According to Article 22 of Decree 22/2017/ND-CP, the procedures for registration of operation of commercial mediation centers are as follows:

- Within 30 days from the effective date of the decision on grant of its establishment license, a commercial mediation center shall send a dossier for operation registration to the provincial-level Department of Justice of the locality where its head office is located. Past this time limit, if the center fails to register its operation, its establishment license shall be invalidated, unless it has a plausible reason.

- A dossier for operation registration of a commercial mediation center must comprise:

+ A written request for operation registration, made according to a form issued by the Ministry of Justice;

+ A certified copy, or a copy enclosed with the original for comparison, of the center establishment license;

+ Papers proving the center’s head office.

- Within 15 days after receiving a valid dossier, the provincial-level Department of Justice shall grant an operation registration certificate to the commercial mediation center; in case of refusal, it shall notify the reason in writing. The provincial-level Department of Justice shall send a copy of such operation registration certificate to the Ministry of Justice.

- A commercial mediation center may start to operate on the date it is granted an operation registration certificate and use its seal in accordance with law.

- Within 30 days after being granted an operation registration certificate, a commercial mediation center shall publish in 3 consecutive issues of a central daily or a newspaper of the locality where it registers its operation the following basic information:

+ Name and head-office address of the center;

+ Operation areas of the center;

+ Serial number, issuer and date of issuance of the operation registration certificate;

+ Starting time of the center’s operation.

Thus, according to the above regulations, when you carry out the procedure to register the operation of a Commercial Mediation Center, you need to pay attention to the implementation time and specific necessary documents:

- Within 30 days after being granted an operation registration certificate, the center must submit an operation registration application to the Department of Justice where it is headquartered.

- The dossier for operation registration includes request for operation registration, copy of the center establishment license and papers proving the center’s head office.

- Within 15 days, the Department of Justice grant an operation registration certificate if the dossier is valid

-Within 30 days after being granted an operation registration certificate, the center shall publish in 3 consecutive issues of a central daily or a newspaper

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