Vietnam: Which agency is responsible for settling complaints and denunciations about commercial arbitration?

According to Article 2 of Decree No. 63/2011/NĐ-CP of Vietnam’s Government, tasks and powers of the Ministry of Justice are prescribed as follows:

The Ministry of Justice shall take responsibility before the Government for performing the state management of arbitration and has the following tasks and powers:

- To elaborate and submit to the Government or the Prime Minister for promulgation legal documents on organization and operation of arbitration; to guide the implementation of legal documents on arbitration.

- To grant and revoke establishment licenses of arbitration centers; to grant and revoke establishment licenses of Vietnam-based branches or representative offices of foreign arbitration institutions; to approve changes in establishment licenses of arbitration centers under this Decree.

- To approve charters of arbitration centers.

- To announce lists of arbitrators of arbitration institutions operating in Vietnam; to disclose information on establishment, operation and termination of operation of arbitration institutions.

- To guide and organize the propagation and dissemination of the arbitration law.

- To enter into international cooperation in the field of arbitration.

- To guide the professional training and retraining of arbitrators.

- To examine, inspect and handle violations of the arbitration law.

- To settle complaints and denunciations about arbitration in accordance with law.

- To promulgate and guide the uniform use of forms of documents and papers relevant to arbitration institutions.

Besides, Provincial-level Justice Departments shall also settle complaints and denunciations about arbitration activities in accordance with the arbitration law in accordance with Article 4 of Decree No. 63/2011/NĐ-CP. Provincial-level Justice Departments have the following tasks and powers:

- To register operation or modification of establishment licenses and revoke operation registration papers of arbitration centers and Vietnam-based branches of foreign arbitration institutions; to register operation and revoke operation registration papers of branches of arbitration centers.

- To update information on arbitration centers, branches or representative offices of arbitration centers; Vietnam-based branches or representative offices of foreign arbitration institutions.

- To provide information on operation registration and establishment of branches or representative offices of arbitration centers; and Vietnam-based branches or representative offices of foreign arbitration institutions to state agencies, organizations and individuals that so request in accordance with law.

- To propagate and disseminate the arbitration law.

- To examine, inspect and handle violations of the law on arbitration institutions and arbitrators according to their competence.

- To settle complaints and denunciations about arbitration activities in accordance with the arbitration law.

- To report on organization and operation of arbitration centers; branches or representative offices of arbitration centers; and Vietnam-based branches or representative offices of foreign arbitration institutions on an annual basis and in unexpected cases at the request of the Ministry of Justice and provincial-level People’s Committees.

- Other tasks and powers provided by law.

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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