What are acts of violating regulations on operation of arbitrators and handling sanctions in Vietnam?

What are acts of violating regulations on operation of arbitrators and handling sanctions in Vietnam?

Pursuant to Article 27 of Decree 82/2020/ND-CP stipulating the above contents as follows:

1. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:

a) Dispute settlement in case the arbitrator is a relative or representative of a party to the dispute;

b) Dispute settlement in case the arbitrator has related interests in the dispute;

c) Dispute settlement in cases where the arbitrator was already a mediator, representative or lawyer of one of the parties before bringing the dispute to arbitration, unless otherwise agreed by the parties. written consent;

d) Dispute settlement when there are clear grounds to show that the arbitrator is not impartial and objective.

2. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for one of the following acts:

a) Disclosing confidential content of the dispute that they settle, except in cases where information must be provided to competent agencies as prescribed by law;

b) Conducting commercial arbitration activities without meeting the criteria and conditions to act as an arbitrator.

3. Remedial measures:

Forced return of illegal profits obtained from committing violations specified in Clauses 1 and 2 of this Article.

What are violations on operation of commercial mediation centers or branches of commercial mediation centers; branches, representative offices of foreign commercial mediation organizations in Vietnam? 

Pursuant to Article 29 of Decree 82/2020/ND-CP stipulating the above contents as follows:

1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the following acts:

a) Notifying on time to the competent authority the establishment of branches or representative offices of commercial mediation centers at home and abroad; representative office of a foreign commercial mediation organization;

b) Notify on time to the competent authority 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 organizations;

c) Publish the newspaper with incomplete contents or not on time, the number of times about the establishment of the mediation center; send the list of commercial mediators of their organization not on time;

d) Notifying or reporting on time to the competent authority on 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 organizations;

dd) Using improperly or incompletely recording books and forms as prescribed;

e) Failure to register on time the change of the 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 organization;

g) Storing commercial mediation documents improperly;

h) Improperly or incompletely implementing the reporting regime or reporting inaccurately on organization and operation as prescribed.

2. A fine of between VND 3,000,000 and 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 organization;

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 organizations;

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 organizations;

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 organization.

3. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the following acts:

a) Operating contrary to the contents of the establishment license, operation registration certificate of the commercial mediation center; branches of foreign commercial mediation organizations; establishment license of a representative office of a foreign commercial mediation organization;

b) Operating without the establishment license or operation registration certificate;

c) Allowing another organization to use its establishment license or operation registration certificate for commercial mediation activities;

d) Failing to develop mediation rules or develop mediation rules of commercial mediation centers with contents inconsistent with legal regulations;

dd) Erasing, correcting, falsifying the contents of the establishment license or operation registration certificate.

4. Additional sanctioning forms:

a) Suspend operation from 01 to 03 months for acts of violation specified at Points a and c, Clause 3 of this Article;

b) Confiscation of material evidences being establishment licenses or operation registration papers which have been erased or modified to falsify contents, for the violations specified at Point dd, Clause 3 of this Article.

5. Remedial measures:

a) Proposing competent agencies, organizations and persons to consider and handle papers and documents that have been erased or corrected to falsify the contents specified at Point dd, Clause 3 of this Article;

b) Forcible return of illegal profits obtained from committing violations specified at Points a, b and c, Clause 3 of this Article.

Best Regards!