Chương 3 Nghị định 25/2004/NĐ-CP Hướng dẫn Pháp lệnh Trọng tài Thương mại: Quản lý nhà nước về trọng tài

Chapter III

STATE MANAGEMENT OVER ARBITRATION

Article 16.- Tasks and powers of the Ministry of Justice

1. The Ministry of Justice shall assist the Government in performing the State management over arbitration and have the following tasks and powers:

a/ To formulate and submit to the Government and the Prime Minister for promulgation legal documents on arbitration organization and operation; and guide the implementation of legal documents on arbitration;

b/ To grant licenses for the establishment of Arbitration Centers; accept  the alteration of the contents of the licenses for the establishment of Arbitration Centers according to Article 8 of this Decree; and approve charters as well as amended and supplemented charters of Arbitration Centers.

c/ To organize and guide the training, fostering and building of a contingent of arbitrators;

d/ To inspect the organization and operation of Arbitration Centers;

e/ To undertake international cooperation in the field of arbitration;

f/ To withdraw licenses for the establishment of Arbitration Centers according to Clause 6, Article 14 of the Ordinance and Clause 2, Article 18 of this Decree at the requests of the provincial Justice Services;

g/ To settle complains and denunciations and handle violations of the arbitration legislation according to law provisions.

2. The Ministry of Justice shall assume the prime responsibility for, and coordinate with Vietnam Lawyers’ Association in, performing the tasks and powers defined at Points a, b, c and e, Clause 1 of this Article.

Article 17.- Tasks and powers of the provincial Justice Services:

1. To register the operation of Arbitration Centers and the alteration of the contents of their establishment licenses; register the operation of Arbitration Centers’ branches and withdraw their  operation registration papers.

2. To provide information on the operation registration and establishment of Arbitration Centers’ branches and representative offices to State agencies, organizations and individuals requesting therefor according to law provisions.

3. To inspect the organization and operation of Arbitration Centers.

4. To settle complains and denunciations and handle violations of the arbitration legislation according to law provisions.

5. To report on the organization and operation of Arbitration Centers at the request of the Ministry of Justice or the provincial/municipal People’s Committees.

Article 18.- Handling of violations committed by Arbitration Centers and Arbitration Centers’ branches

1. Arbitration Centers and branches of Arbitration Centers, which commit acts of violating the Ordinance or this Decree, shall, depending on the nature and seriousness of their violations, be administratively sanctioned in forms of caution or fine according to law provisions on handling of administrative violations.

2. In cases of recidivism or serious violation, apart from being sanctioned in forms of caution or fine, the Arbitration Centers may have their establishment licenses withdrawn while the Arbitration Centers’ branches may have their operation registration papers withdrawn.