Dossiers for establishment of Vietnam-based branches or representative offices of foreign arbitration institutions

According to Article 21 of Decree No. 63/2011/NĐ-CP of Vietnam’s Government, dossiers for establishment of Vietnam-based branches or representative offices of foreign arbitration institutions are specified as follows:

1. Dossier for establishment of a branch:

A dossier for establishment of a branch is a set of the following papers:

- An application for a license for branch establishment;

- A certified copy of the document proving the lawful establishment of the foreign arbitration institution issued by a foreign competent agency or organization;

- A written introduction of operation of the foreign arbitration institution;

- A certified copy of the charter of the foreign arbitration institution;

- A certified copy of the decision to appoint an arbitrator to act as the head of the branch, who must permanently reside in Vietnam;

- A list of expected arbitrators and employees of the branch.

2. Dossier for establishment of a representative office:

A dossier for establishment of a representative office is a set of the following papers:

- An application for a license for representative office establishment;

- A certified copy of the document proving the lawful establishment of the foreign arbitration institution;

- A written introduction of operation of the foreign arbitration institution;

- A certified copy of the decision to appoint the head of the representative office;

- A list of expected foreign and Vietnamese employees of the representative office.

 Foreign arbitration institutions wishing to establish their branches or representative offices in Vietnam shall send dossiers of application for licenses for branch or representative office establishment to the Ministry of Justice. Within 45 days after receiving a valid dossier and a prescribed fee, the Ministry of Justice shall consider granting a license for establishment of a branch or representative office of a foreign arbitration institution. In case of refusal to grant a license, it shall reply in writing, clearly stating the reason.

A license for establishment of a foreign arbitration institution’s branch or representative office becomes valid on the date of its signing.

View more details at Decree No. 63/2011/NĐ-CP of Vietnam’s Government, effective from September 20, 2011.

Thuy Tram

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