Chương IV Pháp lệnh Trọng tài Thương mại năm 2003: Trung tâm trọng tài

Chapter IV

ARBITRATION CENTERS

Article 14.- Conditions for setting up Arbitration Centers

1. On the basis of the socio-economic development situation in localities, Arbitration Centers shall be set up in a number of localities under the Government’s regulations.

2. The Minister of Justice shall consider and decide to license the setting up of an Arbitration Center when it is so requested by at least five founders who are fully qualified to act as arbitrators under the provisions of Article 12 of this Ordinance and recommended by Vietnam Lawyers’ Association.

3. A dossier of application for setting up an Arbitration Center includes:

a/ The application for setting up an Arbitration Center;

b/ Full names, addresses and professions of the founders;

c/ The Arbitration Center’s charter;

d/ Written recommendation of Vietnam Lawyers’ Association.

4. The application for setting up an Arbitration Center contains the following details:

a/ The date on which the application is made;

b/ Full names, addresses and professions of the founders;

c/ The operation fields of the Arbitration Center;

d/ The expected location of the head office of the Arbitration Center.

5. Within 45 days after receiving valid dossiers, the Minister of Justice shall grant licenses to set up Arbitration Centers and approve their charters; in case of refusal, he/she must reply in writing, clearly stating the reasons therefor.

6. Within 30 days after receiving the establishment licenses, the Arbitration Centers must register their operation at the Justice Services of the provinces or centrally-run cities (hereinafter collectively referred to as the provincial Justice Services) where they are headquartered. Past this time limit, if the Arbitration Centers fail to make such registration, their licenses shall be withdrawn.

The Government shall prescribe the order and procedures for registration of operation of the Arbitration Centers.

Article 15.- Publication on newspapers of the setting up of Arbitration Centers

1. Within 30 days after being granted the operation registration papers, the Arbitration Centers must publicize on central daily newspapers or local newspapers of the localities where they have made operation registration for three consecutive issues the following major contents:

a/ The names and addresses of the head offices of the Arbitration Centers;

b/ The operation fields of the Arbitration Centers;

c/ The operation registration papers’ serial numbers, the granting agencies, and the dates of issuance ;

d/ The time of commencement of operation of the Arbitration Centers.

2. The Arbitration Centers must post up at their head-offices the contents specified in Clause 1 of this Article and the lists of arbitrators.

Article 16.- Legal status and organizational structure of Arbitration Centers

1. Arbitration Centers are non-governmental organizations, having the legal status, own seals and accounts.

2. Arbitration Centers may set up branches and representative offices.

3. Arbitration Centers shall have executive boards and arbitrators.

The executive board of an Arbitration Center shall be composed of a president, one or several vice-presidents, and possibly a general secretary appointed by the president.

Those who are invited by the Arbitration Centers to act as arbitrators must satisfy all conditions specified in Article 12 of this Ordinance.

Article 17.- Tasks and powers of Arbitration Centers

The Arbitration Centers shall have the following tasks and powers:

1. To formulate their charters and proceeding rules, which, however, must not be contrary to the provisions of this Ordinance;

2. To invite fully qualified persons as defined in Article 12 of this Ordinance to act as their arbitrators;

3. To appoint arbitrators for setting up Arbitration Councils under the provisions of this Ordinance;

4. To provide administrative and office services for Arbitration Councils to settle disputes;

5. To collect arbitration charges, pay remuneration to arbitrators according to their charters;

6. To draw experiences, foster arbitrators to raise their dispute-settling capabilities and skills;

7. To report periodically on their operation to the Ministry of Justice, Vietnam Lawyers’ Association and the provincial Justice Services of the localities where they have made operation registration;

8. To remove the names of arbitrators from the lists of their arbitrators when such arbitrators seriously violate the provisions of this Ordinance and their charters;

9. To archive dossiers, supply copies of the arbitral awards at the requests of the involved parties or competent Sate bodies;

10. Other tasks and powers as prescribed by law.

Article 18.- Termination of operation of Arbitration Centers

1. The Arbitration Centers shall terminate their operation in the following cases:

a/ The cases specified in their charters;

b/ Having their establishment licenses withdrawn.

2. Upon termination of their operation, the Arbitration Centers must return their establishment licenses to the license-granting agencies.

3. The Government shall specify the order and procedures of termination of operation of the Arbitration Centers.