Chương II Nghị định 63/2011/NĐ-CP hướng dẫn Luật Trọng tài thương mại: Đăng ký, chấm dứt hoạt động, thu hồi giấy phép thành lập, giấy đăng ký hoạt động của trung tâm trọng tài, chi nhánh của trung tâm trọng tài

Chapter II

REGISTRATION, TERMINATION OF OPERATION, REVOCATION OF ESTABLISHMENT LICENSES AND OPERATION REGISTRATION PAPERS OF ARBITRATION CENTERS AND BRANCHES OF ARBITRATION CENTERS

Article 6. Names of arbitration centers, branches or representative offices of arbitration centers

1. Names of arbitration centers shall be written in Vietnamese and selected by center members but must contain the phrase “trung tam trong tai” (arbitration center) and must neither be identical nor confusingly similar to names of licensed arbitration centers, branches or representative offices of arbitration centers, and contrary to the nation’s historical tradition, culture, morality and fine traditions and customs.

In case an arbitration center has a foreign-language name, such name must be one translated from its Vietnamese name and must neither be identical nor confusingly similar to the name of another operating arbitration institution in Vietnam.

2. Arbitration centers may have logos but may not use the national flag, the Communist Party of Vietnam’s flag, the national emblem, images of national leaders and banknotes of the Socialist Republic of Vietnam as their logos.

3. Names of branches of arbitration centers must contain the word “chi nhanh” (branch) and names of these arbitration centers.

4. Names of representative offices of arbitration centers must contain the phrase “van phong dai dien” (representative office) and names of these arbitration centers.

Article 7. Charters of arbitration centers

The charter of an arbitration center must contain the following principal details:

1. Name of the arbitration center; foreign-language name of the arbitration center (if any);

2. Head office;

3. Fields and objectives of operation;

4. Duration of operation;

5. Conditions of physical foundation and financial sources, and financial regime of the arbitration center;

6. Organizational structure, mechanism of administration, reorganization and dissolution of the arbitration center, and mechanism of settlement of internal disputes of the arbitration center;

7. At-law representative of the arbitration center, and his/her rights and obligations;

8. List of founding members; method of changing founding members of the arbitration center; conditions for admission or expulsion of arbitrators; rights and obligations of arbitrators;

9. Regime of preservation of dossiers and documents;

10. Mode of adoption of the charter;

11. Mode of announcement of rules of proceedings of the arbitration center;

12. Other contents in accordance with law.

Article 8. Registration of operation of arbitration centers

1. A dossier for operation registration is a set of the following papers:

a/ An application for operation registration;

b/ A certified copy of the establishment license of the arbitration center; in case of submission of a copy, the original is required for comparison;

c/ A certified copy of the charter of the arbitration center; in case of submission of a copy, the original is required for comparison;

d/ The original or a certified copy of the paper proving the working office of the arbitration center.

2. Within 15 days after receiving a valid dossier, the provincial-level Justice Department shall grant an operation registration paper to the arbitration center.

Within 7 working days after granting an operation registration paper to an arbitration center, the provincial-level Justice Department shall send one copy of this paper to the Ministry of Justice.

3. After being granted an operation registration paper, an arbitration center shall announce its establishment under Article 26 of the Law on Commercial Arbitration and have a seal carved in accordance with law.

An arbitration center may commence its operation from the date it is granted an operation registration paper.

Article 9. Branches of arbitration centers

1. Branches are dependent units of arbitration centers and may operate in the fields of operation indicated in the establishment licenses of these arbitration centers.

2. Arbitration centers shall take responsibility before law for the operations of their branches. An arbitration center shall appoint an arbitrator to act as the head of its branch.

Article 10. Registration of operation of branches

1. Within 15 working days after deciding to establish a branch, an arbitration center shall register operation of the branch with the provincial- level Justice Department of the locality in which its branch is located.

A dossier for registration of operation of a branch is a set of the following papers:

a/ An application for operation registration;

b/ A certified copy of the establishment license of the arbitration center; in case of submission of a copy, the original is required for comparison;

c/ The arbitration center’s original decision on establishment of a branch;

d/ The arbitration center’s original decision on appointment of the branch head;

e/ The original or a certified copy of the paper proving the working office of the branch.

2. Within 10 days after receiving a valid dossier, the provincial-level Justice Department shall grant an operation registration paper to the branch.

3. Within 7 working days after its branch is granted an operation registration paper, an arbitration center shall notify in writing the establishment of its branch to the Ministry of Justice.

In case an arbitration center establishes a branch outside the province or centrally run city in which its head office is located, within 7 working days after the branch is granted an operation registration paper, the arbitration center shall notify in writing the establishment of its branch to the Ministry of Justice and the provincial-level Justice Department of the locality in which its head office is located.

4. Branches of arbitration centers may use seals in accordance with law.

Article 11. Modification of establishment licenses or operation registration papers of arbitration centers, operation registration papers of branches

1. When wishing to change their names or fields of operation, arbitration centers shall send dossiers of application for change of their names or fields of operation to the Ministry of Justice. A dossier of application for change is a set of the following papers:

a/ An application for modification of the establishment license;

b/ The original establishment license of the arbitration center and papers relevant to the modification (if any).

2. Within 15 working days after receiving an arbitration center’s dossier, the Ministry of Justice shall notify in writing its approval or disapproval of proposed changes. In case of disapproval, it shall reply in writing, clearly stating the reason.

3. Within 15 working days after the document approving the modification of its license takes effect, an arbitration center shall register the modification with the provincial-level Justice Department with which it has registered its operation. The provincial-level Justice Department with which the modification is registered shall record changed contents in the operation registration paper of the center. A dossier of application for registration of modified contents is a set of the following papers:

a/ An application for modification of the operation registration paper;

b/ The original operation registration paper;

c/ A certified copy of the establishment license of the arbitration center; in case of submission of a copy, the original is required for comparison.

4. An arbitration center that changes its at-law representative or removes its head office within a province or centrally run city shall, within 7 working days after effecting the change, notify in writing the change to the Ministry of Justice and send a dossier of change in a registered content to the provincial-level Justice Department with which it has registered its operation. Dossiers of application for registration of changed contents shall be made according to Clause 3 of this Article.

In case of removal of its head office to another province or centrally run city, an arbitration center shall send a notice of removal to the provincial- level Justice Department that has granted the operation registration paper and send a dossier for operation registration to the provincial-level Justice Department of the locality in which its new head office is located. A registration dossier contains the papers specified in Article 8 of this Decree.

5. In case of change of the head or removal of the office of a branch within a province or centrally run city, within 7 working days after deciding on the change, the branch shall send a dossier of application for such change to the provincial-level Justice Department, with which it has registered its operation. Dossiers of application for registration of changed contents shall be made according to Clause 3 of this Article.

An arbitration center’s branch that removes its office to another province or centrally run city shall send a notice of removal to the provincial-level Justice Department that has granted its operation registration paper and send an operation registration dossier to the provincial-level Justice Department of the locality in which its new office is located. Registration dossiers shall be made according to Article 10 of this Decree.

Article 12. Re-grant of establishment licenses and operation registration papers

1. Arbitration centers, branches of arbitration centers, Vietnam-based branches or representative offices of foreign arbitration institutions, which have their establishment licenses or operation registration papers lost, torn, worn out, burnt or destroyed may send dossiers of application for re-grant of these licenses or papers to competent agencies that have granted these licenses or papers. A dossier of application for re-grant is a set of the following papers:

a/ An application for re-grant of an establishment license or operation registration paper;

b/ Written certification of the loss of an establishment license or operation registration paper issued by the commune-level police office of the locality in which this license or paper is lost.

2. The Ministry of Justice shall consider and re-grant an establishment license within 10 working days after receiving a dossier of application for re-grant. The provincial-level Justice Department that has granted an operation registration paper shall consider and re-grant this paper within 5 working days after receiving a dossier of application for re-grant.

Article 13. Representative offices of arbitration centers

1. Representative offices are dependent units of arbitration centers and established to seek and promote arbitration activity opportunities, and represent arbitration centers in transactions of these centers. Representative offices have their heads.

2. Arbitration centers shall take responsibility before law for operation of their representative offices.

3. Within 7 working days after the establishment, removal or change of the head of its representative office, an arbitration center shall notify in writing such establishment, removal or change to the provincial-level Justice Department of the locality in which the arbitration center’s head office is located and the provincial-level Justice Department of the locality in which the representative office is located.

In case an arbitration center’s representative office is established outside the province or centrally run city in which the arbitration center’s head office is located, the dossier of notification is a set of the following papers:

a/ A notice of establishment of a representative office;

b/ A certified copy of the establishment license or operation registration paper of the arbitration center. In case of submission of a copy, the original is required for comparison.

Article 14. Overseas branches or representative offices of arbitration centers

Within 30 days after being licensed by a competent foreign authority to establish an overseas branch or representative office or after the date of termination of operation of its overseas branch or representative office, an arbitration center shall notify such in writing to the Ministry of Justice or the provincial-level Justice Department with which it has registered its operation.

Article 15. Revocation of establishment licenses or operation registration papers of arbitration centers or branches of arbitration centers

1. An arbitration center will have its establishment license or operation registration paper revoked in the following cases:

a/ It repeats a violation for which is has been administratively sanctioned;

b/ It fails to conduct any activity stated in its charter or establishment license in 5 consecutive years after being granted an operation registration paper;

c/ It fails to register its operation within 30 days after obtaining its establishment license with the provincial-level Justice Department of the locality in which its head office is located;

d/ It fails to amend or supplement its charter or rules of arbitration proceedings to comply with the Law on Commercial Arbitration within 12 months after the effective date of the Law on Commercial Arbitration.

2. Any organization or individual that detects an arbitration center falling into a case subject to establishment license revocation shall notify such to the provincial-level Justice Department of the locality in which the arbitration center’s head office is located. The provincial-level Justice Department shall verity the notified information.

Within 7 working days after detecting an arbitration center subject to establishment license revocation, a provincial-level Justice Department shall request in writing the Ministry of Justice to revoke the establishment license, clearly stating the reason and enclosing proving documents (if any).

3. Within 15 working days after receiving a written request of the provincial-level Justice Department, the Minister of Justice shall issue a decision to revoke the establishment license of the arbitration center. Within 30 days after the issuance of the decision to revoke its establishment license, the arbitration center shall return its license to the Ministry of Justice.

Within 15 working days after the decision to revoke the establishment license of the arbitration center takes effect, the arbitration center shall return its operation registration paper to the provincial-level Justice Department that has granted this paper.

4. Branches of arbitration centers that violate Point a, Clause 1 of this Article will have their operation registration papers revoked. Branches of arbitration centers having their establishment licenses revoked shall return their operation registration papers to provincial-level Justice Departments that have granted these papers.

5. Fifteen working days after detecting an arbitration center or a branch subject to operation registration paper revocation in accordance with law, the provincial-level Justice Department that has granted this paper shall revoke this paper.

Within 15 working days after the decision to revoke its operation registration paper or the decision to sanction its administrative violation takes effect, an arbitration or a branch shall return its operation registration paper to the provincial-level Justice Department that has granted this paper.

Article 16. Order and procedures for termination of operation of arbitration centers according to their charters

1. In case of termination of operation of an arbitration center according to its charter under Point a, Clause 1, Article 29 of the Law on Commercial Arbitration, at least 30 days before the time of operation termination, the arbitration center shall notify in writing the operation termination to the Ministry of Justice and the provincial-level Justice Department with which the arbitration center has registered its operation; and publish the operation termination on three consecutive issues of a central daily or a daily of the locality in which its has registered its operation.

The arbitration center shall fully pay its debts and completely settle cases its has accepted, unless otherwise agreed upon.

2. Within 7 working days after completing the procedures specified in Clause 1 of this Article, the arbitration center shall report in writing on the completion of procedures to the Ministry of Justice.

Within 7 working days after receiving a report of the arbitration center, the Ministry of Justice shall issue a decision on termination of operation of the arbitration center. The arbitration center shall return its establishment license to the Ministry of Justice and its operation registration paper to the provincial-level Justice Department with which it has registered its operation and return its seal to a competent agency.

Article 17. Order and procedures for termination of operation of arbitration centers in case of revocation of establishment licenses

1. In case an arbitration center has its establishment license revoked under Point b, Clause 1, Article 29 of the Law on Commercial Arbitration and Article 15 of this Decree, within 60 days after the issuance of the decision to revoke its establishment license, the arbitration center shall fully pay its debts and completely settle cases it has accepted, unless otherwise agreed upon.

2. Within 10 days after the issuance of the decision on revocation of its establishment license, the arbitration center shall publish the operation termination on three consecutive issues of a central daily or a daily of the locality in which its has registered its operation.

3. Within 7 working days after the completion of the procedures specified in Clauses 1 and 2 of this Article, the arbitration center shall report in writing on the completion of these procedures to the Ministry of Justice and the provincial-level Justice Department with which it has registered its operation and return its seal to a competent agency.

Article 18. Termination of operation of branches or representative offices of arbitration centers

1. A branch of an arbitration center shall terminate its operation in the following cases:

a/ Under the arbitration center’s decision on termination of operation of its branch;

b/ The arbitration center terminates its operation or has its establishment license revoked;

c/ The branch has its operation registration paper revoked in accordance with law.

2. At least 30 days before the date of termination of operation of its branch, an arbitration center shall notify in writing the Ministry of Justice and the provincial-level Justice Departments of the localities in which its head office and its branch are located of the termination of operation of the branch.

The arbitration center shall full pay its debts and completely settle cases it has accepted, unless otherwise agreed upon.

Within 30 days after the date of termination of operation of its branch, the arbitration center shall return the branch’s operation registration paper to the provincial-level Justice Department with which the branch has registered operation; and return the branch’s seal to a competent agency.

3. Representative offices shall terminate their operation under their arbitration centers’ decisions. At least 10 working days before the date of termination of operation of its representative office, an arbitration center shall notify the operation termination to the Ministry of Justice and the provincial-level Justice Departments of the localities in which its head office and representative office are located.

Article 19. Order and procedures for announcing or changing lists of arbitrators and information on commercial arbitration institutions and activities

1. An arbitration center or a Vietnam-based branch of a foreign arbitration institution shall send its list of arbitrators to the Ministry of Justice within 15 days after it is granted an establishment license or make a change in its list of arbitrators.

On a monthly basis, the Ministry of Justice shall update and announce the list of arbitrators on its e-portal. The announcement of the list of arbitrators aims to provide information on arbitrators without affecting their status.

2. Within 7 working days after deciding to make a change in its list of arbitrators, an arbitration center or a Vietnam-based branch of a foreign arbitration institution shall notify in writing the change to the Ministry of Justice and the provincial-level Justice Department with which it has registered its operation.

3. The Ministry of Justice shall announce on its e-portal the establishment of arbitration institutions, the revocation of establishment licenses and operation registration papers, the termination of operation and other necessary information on commercial arbitration institutions and activities.