Newest regulations on procedures for establishment of commercial mediation centers in Vietnam

Newest regulations on procedures for establishment of commercial mediation centers in Vietnam (Internet image)

1. Regulations on the commercial mediation centers in Vietnam in 2024

According to Article 19 of Decree 22/2017/ND-CP, the regulations regarding a commercial mediation centers in Vietnam are as follows:

- A commercial mediation centers is established according to the provisions of this Decree, has legal personality, its own seal, and separate accounts.

- The commercial mediation centers operates not for profit.

- The commercial mediation centers is allowed to establish branches and representative offices both domestically and abroad.

- The organizational structure of the commercial mediation centers is defined by its charter. The President of the commercial mediation centers is a commercial mediator.

2. Procedures for establishment of commercial mediation centers in Vietnam

Article 21 of Decree 22/2017/ND-CP prescribes the procedures for establishment of commercial mediation centers in Vietnam as follows:

- Vietnamese citizens who meet the standards of a commercial mediator as specified in Clause 1, Article 7, Decree 22/2017/ND-CP, wishing to establish a commercial mediation centers, must submit one dossier to the Ministry of Justice. The dossier includes:

+ An application for the establishment of a commercial mediation centers as per the form issued by the Ministry of Justice;

+ List of founders;

+ Documentation proving that the founders meet the standards of a commercial mediator as specified in Clause 1, Article 7, Decree 22/2017/ND-CP;

+ Draft Mediation Rules of the Center.

The content of the Center's Mediation Rules must not contravene legal provisions.

- Within 30 days from the receipt of a valid dossier, the Ministry of Justice shall issue an Establishment License for the commercial mediation centers; in case of refusal, reasons must be provided in writing. The rejected individual has the right to lodge a complaint or initiate a lawsuit in accordance with legal regulations.

3. Guidance on registration of operation of commercial mediation centers in Vietnam in 2024

Pursuant to Article 22 Decree 22/2017/ND-CP, guidance on registering the operation of a commercial mediation centers in Vietnam is as follows:

- Within 30 days from the date the Establishment License of the commercial mediation centers takes effect, the Center sends the registration dossier for operations to the Department of Justice of the province or centrally-run city where the Center's headquarters is located. If this deadline is missed without a valid reason, the Establishment License becomes ineffective.

- The registration dossier for operation of a commercial mediation centers comprises:

+ Application for operational registration according to the form issued by the Ministry of Justice;

+ A certified copy or a copy accompanied by the original for comparison of the Establishment License of the Center;

+ Documentation proving the headquarters of the Center.

- Within 15 days from the receipt of a valid dossier, the Department of Justice shall issue an Operation Registration Certificate for the commercial mediation centers; in case of refusal, reasons must be provided in writing. The Department of Justice sends a copy of the Operation Registration Certificate to the Ministry of Justice.

- The commercial mediation centers may commence operations from the date the Operation Registration Certificate is issued. The commercial mediation centers is entitled to use its seal in accordance with legal regulations.

- Within 30 days from the date the Operation Registration Certificate is issued, the commercial mediation centers must publish in the daily newspaper at the national or local level where it registers its operations across three consecutive issues the following essential content:

+ Name, address of the headquarters of the commercial mediation centers;

+ Areas of activity of the commercial mediation centers;

+ Number of the Operation Registration Certificate, issuing authority, date, month, year of issuance;

+ Commencement date of activities of the commercial mediation centers.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE