Vietnam: Procedures for request of modification of establishment licenses of foreign arbitration institutions

According to Article 23 of Decree No. 63/2011/NĐ-CP of Vietnam’s Government, procedures for modification of establishment licenses or operation registration papers of Vietnam-based branches or representative offices of foreign arbitration institutions are as follows:

1. For branches:

- Vietnam-based branches of foreign arbitration institutions that change their names or fields of operation shall send dossiers of application for change of their names or fields of operation to the Ministry of Justice.

+ A dossier of application for change is a set of the following papers:

• An application for modification of the establishment license;

• The original establishment license of the branch of the foreign arbitration institution and papers relevant to the modification (if any);

+ Time limit: Within 15 working days after receiving a dossier of application for change, the Ministry of Justice shall consider and issue a written approval. In case of disapproval, it shall reply in writing, clearly stating the reason.

+ Registering modification:

Within 15 working days after receiving the written approval of the modification of its establishment license, a branch of a foreign arbitration institution shall register the modification with the provincial-level Justice Department of the locality in which it is located. A dossier for registration of modified contents is a set of the following papers:

• An application for modification of the operation registration paper;

• The original operation registration paper;

• A certified copy of the establishment license of the branch of the foreign arbitration institution; in case of submission of a copy, the original is required for comparison.

The provincial-level Justice Department with which the modification is registered shall record modified contents in the operation registration paper of the branch.

- A branch of a foreign arbitration institution that changes its head or removes its office within a province or central-affiliated city shall, within 7 working days after deciding on the change, notify the change in writing to the Ministry of Justice and send a dossier of application for registration of the change to the provincial-level Justice Department with which it has registered its operation.

+ A dossier of application for registration of a change is a set of the following papers:

• An application for modification of the operation registration paper;

• The original operation registration paper;

• A certified copy of the establishment license of the branch of the foreign arbitration institution; in case of submission of a copy, the original is required for comparison.

In case of removal of its office to another province or central-affiliated city, a branch of a foreign arbitration institution shall send a notice to the provincial-level Justice Department with which it has registered its operation and send a dossier for operation registration to the provincial-level Justice Department of the locality in which its new office is located. Dossiers for registration shall be made according to Article 22 of this Decree.

2. For representative offices:

- A Vietnam-based representative office of a foreign arbitration institution that changes its head or removes its office within a province or central-affiliated city shall notify in writing the change, within 7 working days after deciding on it, to the Ministry of Justice and the provincial-level Justice Department of the locality in which its office is located.

- In case of removal of its office to another province or central-affiliated city, a representative office shall send a notice of removal to the provincial-level Justice Departments of the localities in which its old office and new office are located. A dossier of notification to the provincial-level Justice Department of the locality in which the new office is located is a set of the following papers:

+ A notice of relocation of the representative office;

+ A certified copy of the representative office establishment office; in case of submission of a copy, the original is required for comparison.

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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