Procedures for establishment and registration of operation of commercial mediation centers in Vietnam

Procedures for establishment of commercial mediation centers

1. A Vietnamese citizen who fully satisfies the criteria for a commercial mediator and wishes to establish a commercial mediation center shall send 1 set of dossier to the Ministry of Justice, comprising:

- 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;

- The draft Mediation Rule of the center.

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

2. 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.

Procedures for registration of operation of commercial mediation centers

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

View detailed procedures at Decree No. 22/2017/NĐ-CP of Vietnam’s Government, effective from April 15, 2017.

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