Circular No. 02/2018/TT-BTP issues and guides the use of forms regarding organization and operation of commercial mediation, applicable to mediators, mediation centers, branches of foreign organizations in Vietnam, and state management agencies.
适用范围
Commercial mediator; Commercial mediation center, branch, representative office of commercial mediation center; Arbitration center conducting commercial mediation activities; foreign mediation organizations establishing branches or representative offices in Vietnam; state management agency for commercial mediation and other relevant agencies, organizations, and individuals.
要点
- Issuing 24 forms with symbols according to the list specified in Article 3 of this Circular.
- The forms are designed for A4 paper size (210 mm x 297 mm); ledger forms may be designed on A3 paper size (297 mm x 420 mm).
- The use of forms must ensure compliance with specifications, fully, clearly, and accurately recording the required content in the forms.
- Annually, commercial mediation organizations shall report on their organization and operation of commercial mediation to the Department of Justice at the location of their headquarters using Form No. 17/TP-HGTM and Form No. 18/TP-HGTM before November 15.
- This Circular takes effect from April 20, 2018.
🌐 本文件的社会影响
- Facilitating the organization and operation of commercial mediation, helping disputing parties resolve conflicts quickly.
- Assisting state management agencies in easily monitoring and supervising the activities of commercial mediation centers.
- Enhancing efficiency in the storage of records and reports on the organization and operation of commercial mediation.
❓ 常见问题
What forms does this Circular stipulate?
This Circular issues 24 forms with symbols according to the list specified in Article 3 of this Circular, from Form No. 01/TP-HGTM to Form No. 24/TP-HGTM.
What is the paper size used for the forms?
The forms are designed for A4 paper size (210 mm x 297 mm); ledger forms may be designed on A3 paper size (297 mm x 420 mm).
When is the annual reporting deadline?
Annually, commercial mediation organizations shall report on their organization and operation of commercial mediation to the Department of Justice at the location of their headquarters using Form No. 17/TP-HGTM and Form No. 18/TP-HGTM before November 15.
When does this Circular take effect?
This Circular takes effect from April 20, 2018.
全文
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MINISTRY OF JUSTICE |
SOCIALIST REPUBLIC OF VIET NAM |
|
NUMBER: 02/2018/TT-BTP |
HANOI, February 26, 2018 |
CIRCULAR
ISSUING AND GUIDING THE USE OF CERTAIN FORMS REGARDING THE ORGANIZATION AND OPERATIONS OF COMMERCIAL ARBITRATION
Decree No. Decree No. 22/2017/NĐ-CP dated February 24, 2017 of the Government on commercial arbitration;
Decree No. Decree No. 96/2017/NĐ-CP dated August 16, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;
At the proposal of the Director of the Department of Judicial Support;
The Minister of Justice issues and guides the use of certain forms regarding the organization and operations of commercial arbitration as follows:
Article 1. Scope of Regulation
This Circular issues and guides the use of certain forms regarding the organization and operations of commercial arbitration (hereinafter referred to collectively as forms).
Article 2. Applicability
This Circular applies to commercial arbitrators; Commercial Arbitration Centers, branches, and representative offices of Commercial Arbitration Centers; Arbitration Centers conducting commercial arbitration activities; foreign commercial arbitration organizations establishing branches or representative offices in Vietnam, branches or representative offices of foreign commercial arbitration organizations in Vietnam; state management agencies for commercial arbitration and other relevant agencies, organizations, and individuals.
1. Issuing 24 forms with symbols according to the following list:
2. The types of forms prescribed in Clause 1 of this Article are designed for use on A4 paper size (210 mm x 297 mm); form books may be designed on A3 paper size (297 mm x 420 mm).
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Serial number |
Name of form |
Code |
|
1. |
Application for registration as a commercial arbitrator |
Form No. 01/TP-HGTM |
|
2. |
Application for establishment of a Commercial Arbitration Center |
Form No. 02/TP-HGTM |
|
3. |
Application for supplementary commercial arbitration activities for an Arbitration Center |
Form No. 03/TP-HGTM |
|
4. |
Application for registration of operation of a Commercial Arbitration Center/branch of a Commercial Arbitration Center |
Form No. 04/TP-HGTM |
|
5. |
Registration of operation of a Commercial Arbitration Center |
Form No. 05/TP-HGTM |
|
6. |
Registration of operation of a branch of a Commercial Arbitration Center |
Form No. 06/TP-HGTM |
|
7. |
Application for change of name and address of the headquarters of a Commercial Arbitration Center from one province/city directly under the Central Government to another province/city directly under the Central Government |
Form No. 07/TP-HGTM |
|
8. |
Application for reissue of the License for Establishment of a Commercial Arbitration Center |
Form No. 08/TP-HGTM |
|
9. |
Application for reissue of the Registration of Operation of a Commercial Arbitration Center/Branch of a Commercial Arbitration Center |
Form No. 09/TP-HGTM |
|
10. |
Application for establishment of a branch/representative office of a foreign commercial arbitration organization in Vietnam |
Form No. 10/TP-HGTM |
|
11. |
Application for registration of operation of a branch of a foreign commercial arbitration organization in Vietnam |
Form No. 11/TP-HGTM |
|
12. |
Registration of operation of a branch of a foreign commercial arbitration organization in Vietnam |
Form No. 12/TP-HGTM |
|
13. |
Application for change of name, Branch Manager, and address of the headquarters of a branch of a foreign commercial arbitration organization in Vietnam from one province/city directly under the Central Government to another province/city directly under the Central Government |
Form No. 13/TP-HGTM |
|
14. |
Notice of change of name, Representative Office Director, and address of the headquarters of a representative office of a foreign commercial arbitration organization in Vietnam from one province/city directly under the Central Government to another province/city directly under the Central Government |
Form No. 14/TP-HGTM |
|
15. |
Application for reissue of the License for Establishment of a branch/representative office of a foreign commercial arbitration organization in Vietnam |
Form No. 15/TP-HGTM |
|
16. |
Application for reissue of the Registration of Operation of a branch of a foreign commercial arbitration organization in Vietnam |
Form No. 16/TP-HGTM |
|
17. |
Report of a commercial arbitration organization on its organization and operations of commercial arbitration |
Form No. 17/TP-HGTM |
|
18. |
Report of a branch/representative office of a foreign commercial arbitration organization in Vietnam on its organization and operations of commercial arbitration |
Form No. 18/TP-HGTM |
|
19. |
Notice of termination of operation of a Commercial Arbitration Center/branch/representative office of a Commercial Arbitration Center |
Form No. 19/TP-HGTM |
|
20. |
Notice of termination of operation of a branch/representative office of a foreign commercial arbitration organization in Vietnam |
Form No. 20/TP-HGTM |
|
21. |
List of commercial arbitrators sent to the Ministry of Justice for publication |
Form No. 21/TP-HGTM |
|
22. |
Record of commercial arbitration activities |
Form No. 22/TP-HGTM |
|
23. |
Record of commercial arbitrators |
Form No. 23/TP-HGTM |
|
24. |
Record of remuneration for commercial arbitration |
Form No. 24/TP-HGTM |
Article 4. Principles, methods for recording, using various forms, storing reports, files, ledgers
1. The use of various forms prescribed in Clause 1, Article 3 of this Circular must comply with the format requirements, be fully, clearly, and accurately recorded according to the content required in the form.
2. The use of ledgers must meet the following conditions:
a) Ledgers must be opened annually. At the end of the year, they must be closed; the head of the commercial dispute resolution organization must sign, write their full name, and affix a seal;
b) Ledgers must be continuously recorded page by page, numbered sequentially, without leaving blank pages; they must be stamped across the edges from the first page to the last page; the recorded content must be accurate; handwriting must be clear;
c) Numbers must be recorded consecutively from number 01 to the end of the year; if another ledger is used before the end of the year, the next number must continue from the last number of the previous ledger, and not start from number 01 again;
d) Ledgers may be recorded electronically. In cases where ledgers are recorded electronically, the provisions of Clauses 1, 2, and 3 of this Article must be followed, and it must ensure that records can be retrieved.
3. The storage of reports, files, and ledgers shall be carried out in accordance with the laws on archiving and related laws.
Article 5. Reporting System
Annually, commercial dispute resolution organizations, branches, and representative offices of foreign commercial dispute resolution organizations in Vietnam must report on the organization and activities of commercial dispute resolution to the Department of Justice at the location of the commercial dispute resolution organization, branch, or representative office, using Form No. 17/TP-HGTM and Form No. 18/TP-HGTM issued together with this Circular. The deadline for submitting the report is before November 15 each year. The annual report covers the period from January 1 to December 31. Actual data is taken from January 1 to October 31 of the current year; estimated data is taken from November 1 to December 31 of the current year.
Article 6. Effectiveness
1. This Circular takes effect from April 20, 2018.
2. Heads of units under the Ministry of Justice, Directors of Provincial Departments of Justice, and relevant agencies, organizations, and individuals are responsible for implementing this Circular.
3. During implementation, if there are any difficulties, agencies, organizations, and individuals should promptly reflect them in writing to the Ministry of Justice for research and supplementary guidance.
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Place of Receipt: |
DEPUTY MINISTER |
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