Procedures for termination of operations of the Arbitration Center in accordance with the Charter of the Arbitration Center in Vietnam

Procedures for termination of operations of the Arbitration Center in accordance with the Charter of the Arbitration Center in Vietnam​ (Image from the Internet)

1. Procedures for termination of operations of the Arbitration Center in accordance with the Charter of the Arbitration Center in Vietnam

According to Article 16 of Decree 63/2011/ND-CP, the procedures for terminating the operations of the Arbitration Center according to its Charter are as follows:

- In case of termination of operations as stipulated in the Arbitration Center's Charter specified at point a, clause 1, Article 29 of the 2010 Commercial Arbitration Law, the Arbitration Center must notify in writing the termination of its operations to the Ministry of Justice and the Department of Justice, where the Arbitration Center is registered, at least 30 days before the termination date; publish the termination in central or local newspapers where it is registered for three consecutive issues.

The Arbitration Center must settle all debts and complete all cases undertaken unless otherwise agreed.

- Within 07 working days from the completion of the procedures stipulated in clause 1, Article 16 of Decree 63/2011/ND-CP, the Arbitration Center must report the completion of these procedures to the Ministry of Justice in writing.

Within 07 working days from the date of receiving the Arbitration Center's report, the Ministry of Justice issues a Decision on the termination of the Center's operations. The Arbitration Center returns the Establishment License to the Ministry of Justice, and the Operating Registration Certificate to the Department of Justice, where it is registered, and returns the seal to the competent authority.

2. Provisions on revocation of License and Operating Registration Certificate of the Arbitration Center and its branches in vietnam

According to Article 15 of Decree 63/2011/ND-CP, the revocation of the License and Operating Registration Certificate of the Arbitration Center and its Branches is as follows:

- The Arbitration Center is subject to the revocation of its Establishment License and Operating Registration Certificate in the following cases:

+ The Arbitration Center has violations that have been administratively sanctioned and re-offends;

+ The Arbitration Center does not conduct any activities listed in its Charter or Establishment License for 05 consecutive years from the date of obtaining the Operating Registration Certificate;

+ Within 30 days from the date of receiving the Establishment License, the Arbitration Center fails to register operations at the Department of Justice of the province or city where it is headquartered;

+ The Arbitration Center does not amend or supplement its charter, arbitration procedural rules to comply with the 2010 Commercial Arbitration Law within 12 months from the effective date of the law.

- If organizations or individuals detect that the Arbitration Center falls into the category of having its Establishment License revoked, they must notify the Department of Justice where the Center is headquartered. The Department of Justice is responsible for reviewing and verifying.

No later than 07 working days from the date the Department of Justice discovers that the Arbitration Center falls into the category of having its Establishment License revoked, it must submit a written request to the Ministry of Justice for revocation, clearly stating the reasons and attaching supporting documents (if any).

- Within 15 working days from the date of receiving the request from the Department of Justice, the Minister of Justice issues a decision to revoke the Arbitration Center's Establishment License. Within 30 days from the date of the revocation decision, the Arbitration Center must submit its Establishment License to the Ministry of Justice.

Within 15 working days from the effective date of the revocation decision of the Arbitration Center's Establishment License, the Arbitration Center must submit its Operating Registration Certificate to the Department of Justice where it was issued.

- Branches of the Arbitration Center that violate point a, clause 1, Article 15 of Decree 63/2011/ND-CP are subject to the revocation of their Operating Registration Certificate. Branches with revoked Establishment Licenses must submit their Operating Registration Certificate to the issuing Department of Justice.

- If an Arbitration Center or Branch falls into the category of having its Operating Registration Certificate revoked according to the law, within 15 working days, the Department of Justice that issued the Operating Registration Certificate will carry out the revocation.

Within 15 working days from the effective date of the revocation decision or from the effective date of the administrative sanction decision, the Arbitration Center or Branch must submit its Operating Registration Certificate to the issuing Department of Justice.

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