Which agency has right to approve charters of arbitration centers in Vietnam? What do contents of charters of arbitration centers in Vietnam comprise?
Which agency has right to approve charters of arbitration centers in Vietnam? What do contents of charters of arbitration centers in Vietnam comprise?
I am about to set up a arbitration center, so I want to learn about the above contents. Please advise.
1. Which agency has right to approve charters of arbitration centers in Vietnam?
Pursuant to Article 2 of Decree 63/2011/ND-CP the Ministry of Justice shall take responsibility before the Government for performing the state management of arbitration and has the following tasks and powers:
1. To elaborate and submit to the Government or the Prime Minister for promulgation legal documents on organization and operation of arbitration; to guide the implementation of legal documents on arbitration.
2. To grant and revoke establishment licenses of arbitration centers; to grant and revoke establishment licenses of Vietnam-based branches or representative offices of foreign arbitration institutions; to approve changes in establishment licenses of arbitration centers under this Decree.
3. To approve charters of arbitration centers.
4. To announce lists of arbitrators of arbitration institutions operating in Vietnam; to disclose information on establishment, operation and termination of operation of arbitration institutions.
5. To guide and organize the propagation and dissemination of the arbitration law.
6. To enter into international cooperation in the field of arbitration.
7. To guide the professional training and retraining of arbitrators.
8. To examine, inspect and handle violations of the arbitration law.
9. To settle complaints and denunciations about arbitration in accordance with law.
10. To promulgate and guide the uniform use of forms of documents and papers relevant to arbitration institutions.
Thus, according to the above provisions, the Ministry of Justice is the authority to approve charters of arbitration centers in Vietnam.
2. What do contents of charters of arbitration centers in Vietnam comprise?
Pursuant to Article 7 of Decree 63/2011/ND-CP, charters of arbitration centers include the following main contents:
The charter of an arbitration center must contain the following principal details:
1. Name of the arbitration center; foreign-language name of the arbitration center (if any);
2. Head office;
3. Fields and objectives of operation;
4. Duration of operation;
5. Conditions of physical foundation and financial sources, and financial regime of the arbitration center;
6. Organizational structure, mechanism of administration, reorganization and dissolution of the arbitration center, and mechanism of settlement of internal disputes of the arbitration center;
7. At-law representative of the arbitration center, and his/her rights and obligations;
8. List of founding members; method of changing founding members of the arbitration center; conditions for admission or expulsion of arbitrators; rights and obligations of arbitrators;
9. Regime of preservation of dossiers and documents;
10. Mode of adoption of the charter;
11. Mode of announcement of rules of proceedings of the arbitration center;
12. Other contents in accordance with law.
Best Regards!
