Chương VI Nghị định 22/2017/NĐ-CP hòa giải thương mại: Điều khoản thi hành

Chapter VI

IMPLEMENTATION PROVISIONS

Article 42. State management of commercial mediation

1. The Ministry of Justice shall assist the Government in performing the unified state management of commercial mediation nationwide, and has the following tasks and powers:

a/ To draft and submit to competent state agencies for promulgation or promulgate according to its competence documents detailing and guiding the law on commercial mediation;

b/ To grant and revoke establishment licenses of commercial mediation centers; to grant and revoke establishment licenses of branches or representative offices of Vietnam-based foreign commercial mediation institutions; to approve the change of contents of establishment licenses of commercial mediation centers; to approve the change of contents of establishment licenses of branches of Vietnam-based foreign commercial mediation institutions; to add commercial mediation activities for arbitration centers;

c/ To publicize the list of commercial mediators and the list of commercial mediation institutions nationwide;

d/ To promulgate, and guide the uniform use of, forms of documents and papers relating to commercial mediation;

dd/ To take measures to support development of commercial mediation activities; to formulate a master plan on development of commercial mediation institutions nationwide; to propagate and disseminate laws and provide professional guidance on commercial mediation;

e/ To examine and inspect, settle complaints and denunciations, and handle violations of the law on commercial mediation;

g/ To perform international cooperation in the field of commercial mediation;

h/ To perform other tasks and exercise other powers as prescribed in this Decree and relevant laws.

2. Provincial-level People’s Committees shall, within the ambit of their competence, perform the state management of commercial mediation activities in localities.

Provincial-level Departments of Justice shall assist provincial-level People’s Committees in performing the state management of commercial mediation organization and operation in localities, and have the following tasks and powers:

a/ To register operation of commercial mediation centers and register the change of contents of their operation registration certificates; to register the change of contents of operation registration certificates of arbitration centers; to register operation of branches of commercial mediation centers or branches of Vietnam-based foreign commercial mediation institutions and register the change of contents of their operation registration certificates; to revoke operation registration certificates of commercial mediation centers or their branches; to revoke operation registration certificates of branches of Vietnam-based foreign commercial mediation institutions;

b/ To register and make lists of ad hoc commercial mediators, and remove names of ad hoc commercial mediators from such lists;

c/ To update and publicize lists of ad hoc commercial mediators and commercial mediation institutions on their e-portals; to review, compile statistics of, and report on annual data on commercial mediators in localities;

d/ To propagate and disseminate laws and provide professional guidance on commercial mediation;

dd/ To examine and inspect, settle complaints and denunciations, and handle violations related to commercial mediation activities in localities according to their competence;

e/ To report on commercial mediation activities in localities to provincial-level People’s Committees and the Ministry of Justice on an annual basis and upon request;

g/ To perform other tasks and exercise other powers under decisions of provincial-level People’s Committee chairpersons or as authorized by the Minister of Justice in accordance with this Decree and relevant laws.

3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Justice in performing the state management of commercial mediation.

Article 43. Effect

This Decree takes effect on April 15, 2017.

Article 44. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-