Vietnam: 04 cases in which an arbitration center will have its establishment license or operation registration paper revoked

According to Article 15 of Decree No. 63/2011/NĐ-CP of Vietnam’s Government, an arbitration center will have its establishment license or operation registration paper revoked in the following cases:

1. It repeats a violation for which is has been administratively sanctioned;

2. It fails to conduct any activity stated in its charter or establishment license in 5 consecutive years after being granted an operation registration paper;

3. It fails to register its operation within 30 days after obtaining its establishment license with the provincial-level Justice Department of the locality in which its head office is located;

4. It fails to amend or supplement its charter or rules of arbitration proceedings to comply with the Law on Commercial Arbitration within 12 months after the effective date of the Law on Commercial Arbitration.

Any organization or individual that detects an arbitration center falling into a case subject to establishment license revocation shall notify such to the provincial-level Justice Department of the locality in which the arbitration center’s head office is located. The provincial-level Justice Department shall verify the notified information.

Within 7 working days after detecting an arbitration center subject to establishment license revocation, a provincial-level Justice Department shall request in writing the Ministry of Justice to revoke the establishment license, clearly stating the reason and enclosing proving documents (if any).

Within 15 working days after receiving a written request from the provincial-level Justice Department, the Minister of Justice shall issue a decision to revoke the establishment license of the arbitration center. Within 30 days after the issuance of the decision to revoke its establishment license, the arbitration center shall return its license to the Ministry of Justice.

Within 15 working days after the decision to revoke the establishment license of the arbitration center takes effect, the arbitration center shall return its operation registration paper to the provincial-level Justice Department that has granted this paper.

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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