Decree No.63/2011/ND-CP Detailing and Guiding a Number of Articles of Law on Commercial Arbitration

This Decree details and guides a number of articles of the Law on Commercial Arbitration on the management of arbitration; procedures for registration or termination of operation, revocation of establishment licenses and operation registration papers of arbitration centers and arbitration center branches; procedures for establishment...

DECREE

DETAILING AND GUIDING A NUMBER OF ARTICLES OF THE LAW ON COMMERCIAL ARBITRATION

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 17, 2010 Law on Commercial Arbitration;

At the proposal of the Minister of Justice,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details and guides a number of articles of the Law on Commercial Arbitration on the management of arbitration; procedures for registration or termination of operation, revocation of establishment licenses and operation registration papers of arbitration centers and arbitration center branches; procedures for establishment, registration or termination of operation, revocation of establishment licenses and operation registration papers of Vietnam-based branches or representative offices of foreign arbitration institutions; and enforcement of decisions of arbitration councils on application of provisional urgent measures.

Article 2. Tasks and powers of the Ministry of Justice

The Ministry of Justice shall take responsibility before the Government for performing the state management of arbitration and has the following tasks and powers:

1. To elaborate and submit to the Government or the Prime Minister for promulgation legal documents on organization and operation of arbitration; to guide the implementation of legal documents on arbitration.

2. To grant and revoke establishment licenses of arbitration centers; to grant and revoke establishment licenses of Vietnam-based branches or representative offices of foreign arbitration institutions; to approve changes in establishment licenses of arbitration centers under this Decree.

3. To approve charters of arbitration centers.

4. To announce lists of arbitrators of arbitration institutions operating in Vietnam; to disclose information on establishment, operation and termination of operation of arbitration institutions.

5. To guide and organize the propagation and dissemination of the arbitration law.

6. To enter into international cooperation in the field of arbitration.

7. To guide the professional training and retraining of arbitrators.

8. To examine, inspect and handle violations of the arbitration law.

9. To settle complaints and denunciations about arbitration in accordance with law.

10. To promulgate and guide the uniform use of forms of documents and papers relevant to arbitration institutions.

Article 3. Tasks of the Ministry of Finance

The Ministry of Finance shall guide the collection, management and use of the fees for grant or modification of licenses and operation registration papers of arbitration centers, operation registration papers of branches of arbitration centers, and the fees for grant or modification of licenses and operation registration papers of branches or representative offices of foreign arbitration institutions.

Article 4. Tasks and powers of provincial-level Justice Departments

Provincial-level Justice Departments have the following tasks and powers:

1. To register operation or modification of establishment licenses and revoke operation registration papers of arbitration centers and Vietnam-based branches of foreign arbitration institutions; to register operation and revoke operation registration papers of branches of arbitration centers.

2. To update information on arbitration centers, branches or representative offices of arbitration centers; Vietnam-based branches or representative offices of foreign arbitration institutions.

3. To provide information on operation registration and establishment of branches or representative offices of arbitration centers; and Vietnam-based branches or representative offices of foreign arbitration institutions to state agencies, organizations and individuals that so request in accordance with law.

4. To propagate and disseminate the arbitration law.

5. To examine, inspect and handle violations of the law on arbitration institutions and arbitrators according to their competence.

6. To settle complaints and denunciations about arbitration activities in accordance with the arbitration law.

7. To report on organization and operation of arbitration centers; branches or representative offices of arbitration centers; and Vietnam-based branches or representative offices of foreign arbitration institutions on an annual basis and in unexpected cases at the request of the Ministry of Justice and provincial-level People’s Committees.

8. Other tasks and powers provided by law.

Article 5. Method of filing dossiers

Dossiers of application for grant, re-grant or modification of establishment licenses and operation registration papers, dossiers for termination of operation of arbitration centers, branches of arbitration centers, Vietnam- based branches or representative offices of foreign arbitration institutions may be filed directly at, or sent by post to, competent agencies.

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Article 28. Effect

1. This Decree takes effect on September 20, 2011.

The Government’s Decree No. 25/2004/ND-CP of January 15, 2004, detailing a number of articles of the Ordinance on Commercial Arbitration, ceases to be effective on the effective date of this Decree.

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