Chương XII Luật trọng tài thương mại 2010: Tổ chức và hoạt động của trọng tài nước ngoài tại Việt Nam

Chapter XII

ORGANIZATION AND OPERATION OF FOREIGN ARBITRATIONS IN VIETNAM

Article 73. Conditions for foreign arbitration institutions to operate in Vietnam

Foreign arbitration institutions which are lawfully established and operating overseas and respect the Constitution and laws of the Socialist Republic of Vietnam may operate in Vietnam under this Law.

Article 74. Forms of operation of foreign arbitration institutions in Vietnam

Foreign arbitration institutions may operate in Vietnam as:

1. Branch of the foreign arbitration institution (below referred to as branch): or.

2. Representative office of the foreign arbitration institution (below referred to as representative office).

Article 75. Branches

1. Branch is a dependent unit of a foreign arbitration institution and may be established and carry out arbitration activities in Vietnam under this Law.

2. Foreign arbitration institutions and their branches shall take responsibility before Vietnamese law for the operation of these branches.

3. A foreign arbitration institution shall appoint an arbitrator to act as head of its branch. This head is an authorized representative of the foreign arbitration institution in Vietnam.

Article 76. Rights and obligations of branches

1. To rent working offices, hire and purchase facilities and tools necessary for the operation of the branches.

2. To recruit Vietnamese and foreign employees under Vietnamese law.

3. To open Vietnam-dong and foreign-currency accounts at banks licensed to operate in Vietnam for their operation.

4. To remit their incomes abroad under Vietnamese law.

5. To have a seal bearing the name of the branch under Vietnamese law.

6. To designate arbitrators for forming arbitration councils as authorized by the foreign arbitration institution.

7. To provide arbitration services, conduct conciliation and apply other modes of settling commercial disputes under law.

8. To provide administrative, clerical and other services for dispute settlement of foreign arbitration councils.

9. To collect arbitration charges and other lawful amounts.

10. To pay remuneration to arbitrators.

11. To organize retraining courses for arbitrators to raise their dispute settlement qualifications and skills.

12. To preserve dossiers and provide copies of arbitral decisions at the request of the disputing parties or competent Vietnamese state agencies.

13. To operate in the domains stated in their establishment licenses or operation registration papers.

14. To observe Vietnamese law concerning their operation.

15. To annually report on their operation to provincial-level Justice Departments of localities in which they are registered for operation.

Article 77. Representative offices

1. Representative office is a dependent unit of a foreign arbitration institution and may be established and seek and promote arbitration operation opportunities in Vietnam under this Law.

2. Foreign arbitration institutions shall take responsibility before Vietnamese law for the operation of their representative offices.

Article 78. Rights and obligations of representative offices

1. To seek and promote arbitration operation opportunities of their arbitration institutions in Vietnam.

2. To rent working offices and hire and purchase facilities and tools necessary for their operation.

3. To recruit Vietnamese and foreign employees under Vietnamese law.

4. To open foreign-currency and Vietnam-dong accounts at banks licensed to operate in Vietnam and use these accounts only for their operation.

5. To have a seal bearing the name of the representative office under Vietnamese law.

6. To operate for the purposes, scope and duration stated in their establishment licenses.

7. To refrain from carrying out arbitration operations in Vietnam.

8. To conduct only arbitration operation promotion and advertising activities under Vietnamese law.

9. To observe Vietnamese laws concerning their operation.

10. To annually report on their operation to provincial-level Justice Departments of localities in which they are registered for operation.

Article 79. Operation of branches and representative offices

The establishment, registration, operation, and termination of the operation of branches and representative offices comply with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party. The Government shall detail procedures for the establishment, registration, and termination of operation of branches and representative offices.