Guidelines for registration of operations for commercial mediation centers in Vietnam

Guidelines for registration of operations for commercial mediation centers in Vietnam​ (Image from Internet)

1. Guidelines for registration of operations for commercial mediation centers in Vietnam

According to Article 22 of Decree 22/2017/ND-CP governing the registration of operations for commercial mediation centers:

- Within 30 days from the effective date of the decision to issue the establishment license for the commercial mediation center, the center must submit an operating registration dossier to the Department of Justice of the province or centrally-affiliated city where the center is headquartered. If the center fails to register its operations within this timeframe, the establishment license will become invalid, except in cases with legitimate reasons.

- The registration dossier for the operation of a commercial mediation center includes:

+ An application for registration of operations using the form issued by the Ministry of Justice;

+ A certified copy or a photocopy with the original for comparison of the establishment license of the center;

+ Documents proving the location of the center's headquarters.

- Within 15 days from the date of receiving a valid dossier, the Department of Justice issues the operational registration certificate to the commercial mediation center; if denied, a reason must be provided in writing. The Department of Justice sends a copy of the operational registration certificate of the commercial mediation center to the Ministry of Justice.

- The commercial mediation center is allowed to commence operations from the date the operational registration certificate is issued. The center is permitted to use a seal in accordance with the law.

- Within 30 days from the date the operational registration certificate is issued, the commercial mediation center must publish in the Central or local daily newspaper where it is registered to operate for three consecutive issues with the following main content:

+ The name and address of the headquarters of the commercial mediation center;

+ The scope of activities of the commercial mediation center;

+ The operational registration certificate number, the issuing authority, and the date, month, year of issuance;

+ The commencement date of operations of the commercial mediation center.

2. Procedures for establishing commercial mediation centers in Vietnam

The procedures for establishing a commercial mediation center are under Article 21 of Decree 22/2017/ND-CP as follows:

- Vietnamese citizens meeting the criteria for commercial mediators as stipulated in Clause 1, Article 7 of Decree 22/2017/ND-CP wishing to establish a commercial mediation center must submit one set of dossiers to the Ministry of Justice. The dossier includes:

+ An application for establishing a commercial mediation center using the form issued by the Ministry of Justice;

+ A list of founders;

+ Documents proving the founders meet the criteria for commercial mediators as stipulated in Clause 1, Article 7 of Decree 22/2017/ND-CP;

+ A draft mediation rules of the Center.

The content of the Center's mediation rules must not contravene legal provisions.

- Within 30 days from the date of receiving a valid dossier, the Ministry of Justice issues the establishment license for the commercial mediation center; if denied, a reason must be provided in writing. The denied party has the right to appeal or file a lawsuit in accordance with the law.

3. Regulations on branches of commercial mediation centers in Vietnam

According to Article 25 of Decree 22/2017/ND-CP, regulations on branches of commercial mediation centers are as follows:

- A branch is a subsidiary unit of a commercial mediation center, operating within the scope of activities recorded in the establishment license of the commercial mediation center.

- The commercial mediation center is legally responsible for the activities of its branches. The center appoints a commercial mediator as the Head of the branch.

- Within 15 days from the date of the decision to establish a branch, the commercial mediation center must submit one set of dossiers for branch operation registration to the Department of Justice of the province or centrally-affiliated city where the branch is located. The dossier includes:

+ An application for the registration of branch operations using the form issued by the Ministry of Justice;

+ The decision to establish the branch by the commercial mediation center.

Within 10 days from the date of receiving a valid dossier, the Department of Justice issues the operational registration certificate for the branch. The Department of Justice sends a copy of the branch's operational registration certificate to the Ministry of Justice.

- In cases where a commercial mediation center establishes a branch outside of the area of the province or centrally-affiliated city where the center is registered to operate, within 7 working days from the date the branch is issued an operational registration certificate, the commercial mediation center must notify in writing the Department of Justice where it is registered about the establishment of the branch.

- The branches of the commercial mediation center are allowed to use a seal in accordance with the law.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE