Vietnam: Cases of revocation of establishment licenses of foreign arbitration institutions

According to Article 24 of Decree No. 63/2011/NĐ-CP of Vietnam’s Government on revocation of establishment licenses and operation registration papers of Vietnam-based branches or establishment licenses of Vietnam- based representative offices of foreign arbitration institutions, a Vietnam-based branch or representative office of a foreign arbitration institution will have its establishment license or operation registration paper revoked in the following cases:

- It repeats a violation for which it has been administratively sanctioned;

- It fails to conduct any operations stated in its establishment license in 5 consecutive years after it is granted the establishment license.

Any organization or individual that detects a branch or representative office falling into a case subject to establishment license or operation registration paper revocation shall report such to the provincial-level Justice Department of the locality in which this branch or representative office is located. The provincial-level Justice Department shall verify reported information.

- Processing time limit:

+ Within 7 working days after the provincial-level Justice Department detects a branch or representative office subject to establishment license revocation, it shall request in writing the Ministry of Justice to revoke the establishment license, clearly stating the reason and enclosing documents proving this reason (if any).

+ Within 15 working days after receiving a written request of the provincial-level Justice Department, the Minister of Justice shall issue a decision to revoke the establishment license of the branch or representative office.

+ Within 30 days after the Ministry of Justice issues a decision to revoke its establishment license, a Vietnam-based branch or representative office of a foreign arbitration institution shall return its establishment license to the Ministry of Justice.

+ Within 15 working days after a provincial-level Justice Department that has granted an operation registration paper for a branch of a foreign arbitration institution issues a decision to revoke this paper, the branch shall return its operation registration paper to the provincial-level Justice Department.

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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