Circular No. 12/2012/TT-BTP issues sample forms on organization and commercial arbitration activities applicable to Vietnamese citizens, Departments of Justice, Arbitration Centers, Branches, and Representative Offices of foreign arbitration organizations in Vietnam. The forms include charters, establishment request forms, registration certificates for operation, notifications of changes in content and termination of operations, annual reports, dispute tracking and resolution registers, and commercial arbitration fees.
Scope of application
Vietnamese citizens meeting the conditions to be arbitrators; Departments of Justice of provinces and centrally-administered cities; Arbitration Centers, Branches of Arbitration Centers, Foreign Arbitration Organizations, and Representative Offices of Foreign Arbitration Organizations in Vietnam.
Key points
- Vietnamese citizens meeting the conditions may propose the establishment of an Arbitration Center;
- Departments of Justice shall use the forms to manage commercial arbitration organizations;
- Arbitration Centers, Branches of Arbitration Centers, Foreign Arbitration Organizations, and Representative Offices of Foreign Arbitration Organizations in Vietnam shall implement administrative procedures related to commercial arbitration activities;
- The forms are designed on A4 paper size, while five record forms are designed on A3 paper size;
- Annually, Arbitration Centers, Branches, and Representative Offices of Foreign Arbitration Organizations in Vietnam shall report on their organization and commercial arbitration activities to the Department of Justice;
- The Department of Justice shall report to the People's Committee of the province or centrally-administered city and the Ministry of Justice on the situation of organization and commercial arbitration activities;
🌐 Social impact of this document
- Positive impact: Saving time and effort for parties involved in arbitration through the use of standardized forms;
- Negative impact: May impose additional management burdens on the Department of Justice and commercial arbitration organizations;
- Balance: Issuing forms helps standardize procedures but also requires strict compliance from all parties involved;
❓ Frequently asked questions
What does an Arbitration Center need to do to establish itself?
An Arbitration Center needs to submit an establishment request form (Form No. 02/TP-TTTM) to the Department of Justice. This form must comply with the provisions set out in Article 7 of Decree No. 63/2011/NĐ-CP.
What responsibilities does the Department of Justice have?
The Department of Justice is responsible for managing and uniformly using the forms on commercial arbitration, and implementing the posting and printing of these forms on the Ministry of Justice’s electronic portal.
What does an Arbitration Center need to report annually?
An Arbitration Center needs to report on its organization and commercial arbitration activities to the Department of Justice according to Form No. 20/TP-TTTM. The deadline for submitting the report is before October 10th each year.
What responsibilities does the Department of Justice have in managing arbitration organizations?
The Department of Justice must report to the People's Committee of the province or centrally-administered city and the Ministry of Justice on the situation of organization and commercial arbitration activities according to Form No. 22/TP-TTTM.
On which paper sizes are the forms used?
The forms prescribed in this Circular are designed for use on A4 paper size, while five record forms are designed for use on A3 paper size.
Full text
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MINISTRY OF JUSTICE |
SOCIALIST REPUBLIC OF VIET NAM |
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Number: 12/2012/TT-BTP |
Hanoi, November 7, 2012 |
CIRCULAR
Issuing certain forms regarding organization and operation of commercial arbitration
Pursuant to the Commercial Arbitration Law dated June 17, 2010;
Pursuant to Decree No. 63/2011/NĐ-CP dated July 28, 2011 of the Government detailing and guiding the implementation of some provisions of the Commercial Arbitration Law;
Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice.
To ensure uniform management and use of forms related to commercial arbitration, the Ministry of Justice issues and guides the use of forms concerning the organization and operation of commercial arbitration as follows.
Article 1. Scope of Regulation
This Circular promulgates certain forms to be used in the organization and operation of commercial arbitration (hereinafter referred to collectively as forms).
Article 2. Objectives of form usage
Vietnamese citizens who meet the conditions to become arbitrators and proceed with the procedures for establishing an Arbitration Center.
Departments of Justice of provinces and centrally-administered cities (hereinafter collectively referred to as Departments of Justice).
Arbitration Centers, Branches of Arbitration Centers, Foreign Arbitration Organizations, Branches, Representative Offices of Foreign Arbitration Organizations in Vietnam shall perform administrative procedures related to commercial arbitration activities in Vietnam.
1. Issuing 29 types of forms with symbols as specified in the list below:
2. The types of forms prescribed in Clause 1 of this Article are designed for use on A4 paper size, five forms are designed for use on A3 paper size.
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Serial number |
Name of form |
Code |
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1 |
Charter of the Arbitration Center; |
Form No. 01/TP-TTTM |
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|
2 |
Application for establishment of an Arbitration Center; |
Form No. 02/TP-TTTM |
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3 |
Application for establishment of Branch/Representative Office of a Foreign Arbitration Organization in Vietnam; |
Form No. 03/TP-TTTM |
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|
4 |
Registration of Operation of Arbitration Center; |
Form No. 04/TP-TTTM |
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|
5 |
Registration of Operation of Branch of Arbitration Center/Branch of Foreign Arbitration Organization in Vietnam; |
Form No. 05/TP-TTTM |
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6 |
Certificate of Operation of Arbitration Center; |
Form No. 06/TP-TTTM |
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7 |
Certificate of Operation of Branch of Arbitration Center; |
Form No. 07/TP-TTTM |
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8 |
Certificate of Operation of Branch of Foreign Arbitration Organization in Vietnam; |
Form No. 08/TP-TTTM |
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9 |
Application for Change of Content of Establishment Permit of Arbitration Center/Branch of Foreign Arbitration Organization in Vietnam; |
Form No. 09/TP-TTTM |
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10 |
Application for Change of Content of Operation Certificate of Arbitration Center/Branch of Foreign Arbitration Organization in Vietnam; |
Form No. 10/TP-TTTM |
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11 |
Application for Reissue of Establishment Permit of Arbitration Center/Branch/Representative Office of Foreign Arbitration Organization in Vietnam; |
Form No. 11/TP-TTTM |
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12 |
Application for Reissue of Operation Certificate of Arbitration Center/Branch of Arbitration Center/Branch of Foreign Arbitration Organization in Vietnam; |
Form No. 12/TP-TTTM |
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13 |
Notice of Establishment of Representative Office of Arbitration Center/Representative Office of Foreign Arbitration Organization in Vietnam; |
Form No. 13/TP-TTTM |
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14 |
Notice of Establishment of Branch/Representative Office of Arbitration Center Abroad; |
Form No. 14/TP-TTTM |
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15 |
Notice of Change of Legal Representative, Branch Manager, Location of Head Office of Arbitration Center/Branch of Foreign Arbitration Organization in Vietnam within the province/city directly under the central government; |
Form No. 15/TP-TTTM |
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16 |
Notice of Change of Representative Office Manager, Location of Representative Office of Foreign Arbitration Organization in Vietnam within the province/city directly under the central government; |
Form No. 16/TP-TTTM |
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17 |
Notice of Change of Location of Head Office of Arbitration Center/Branch of Arbitration Center; Branch/Representative Office of Foreign Arbitration Organization in Vietnam to another province/city directly under the central government; |
Form No. 17/TP-TTTM |
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18 |
Notice of Change of List of Arbitrators of Arbitration Center/Branch of Foreign Arbitration Organization in Vietnam; |
Form No. 18/TP-TTTM |
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19 |
Notice of Termination of Operation of Arbitration Center/Branch, Representative Office of Arbitration Center/Branch, Representative Office of Foreign Arbitration Organization in Vietnam; |
Form No. 19/TP-TTTM |
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20 |
Annual Report of Arbitration Center on Organization and Commercial Arbitration Activities; |
Form No. 20/TP-TTTM |
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21 |
Annual Report of Branch/Representative Office of Foreign Arbitration Organization in Vietnam on Organization and Commercial Arbitration Activities; |
Form No. 21/TP-TTTM |
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22 |
Annual Report of Department of Justice on Situation of Organization and Commercial Arbitration Activities; |
Form No. 22/TP-TTTM |
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23 |
Report of Arbitration Center/Branch, Representative Office of Foreign Arbitration Organization in Vietnam on Termination of Operation; |
Form No. 23/TP-TTTM |
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24 |
List of Arbitrators sent to the Ministry of Justice for Publication; |
Form No. 24/TP-TTTM |
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25 |
Labor Contract Monitoring Book; |
Form No. 25/TP-TTTM |
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26 |
Dispute Resolution Monitoring Book; |
Form No. 26/TP-TTTM |
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27 |
Arbitrator Monitoring Book; |
Form No. 27/TP-TTTM |
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28 |
Monitoring and Resolution of Complaints and Accusations Book; |
Form No. 28/TP-TTTM |
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29 |
Commercial Arbitration Fee Monitoring Book. |
Form No. 29/TP-TTTM |
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Article 4. Model Statutes of the Arbitration Center
The statutes of the Arbitration Center shall be established according to the provisions stipulated in Article 7 of Decree No. 63/2011/NĐ-CP dated July 28, 2011, issued by the Government detailing and guiding the implementation of certain articles of the Commercial Arbitration Law; it shall consist of chapters, articles, clauses, points, and follow the format of document number 01/TP-TTTM attached herewith.
The draft statutes of the Arbitration Center, after being approved by the Ministry of Justice, shall be promulgated together with the Decision of the Minister of Justice and stamped with the official seal.
Article 5. Posting and Printing of Forms
1. The types of forms prescribed in Article 3 of this Circular shall be posted on the electronic portal of the Ministry of Justice.
2. Departments of Justice, Arbitration Centers, Branches, Representative Offices of Arbitration Centers, Foreign Arbitration Organizations, Branches, Representative Offices of Foreign Arbitration Organizations in Vietnam, individuals accessing the electronic portal of the Ministry of Justice (www.moj.gov.vn) may print and use the forms prescribed in Article 3 of this Circular.
Article 6. Principles for Recording in Registers, Methods of Using Forms, and Storage of Reports, Files, and Registers
The use of the types of forms prescribed in Clause 1 of Article 3 of this Circular must comply with the prescribed format, recording all required contents clearly and accurately, strictly prohibiting any alteration of the content and form of the forms.
Registers shall be opened annually; if registers are created on computers, they must be printed monthly and stamped with the seal of the Arbitration Organization on each page. At the end of the register, the representative of the Arbitration Organization under the law shall sign and stamp.
The recorded content must be accurate; handwriting must be clear, complete, without abbreviations, erasures, and must be written in the same type of ink. The content to be recorded can be done through a computer.
Registers must be written continuously in sequence from page to page, without leaving any blank pages, and must be stamped with the official seal from the first page to the last page.
Registers must be numbered consecutively from number 01 to the end of the year; in cases where a new register is used before the end of the year, the next number should continue from the last number of the previous register, not starting from number 01 again.
The storage of reports, files, and registers shall be carried out in accordance with the laws on archives.
Article 7. Reporting System
1. Annually, Arbitration Centers, Branches, Representative Offices of Foreign Arbitration Organizations in Vietnam shall report on the organization and operation of commercial arbitration to the Department of Justice at the location of the Arbitration Center, Branch, or Representative Office of the Foreign Arbitration Organization in Vietnam, following model number 20/TP-TTTM and model number 21/TP-TTTM issued along with this Circular. The deadline for submitting the report is before October 10th each year. The annual report covers the period from October 1st of the previous year to September 30th of the current year.
2. Annually, Departments of Justice shall report to the People's Committees of provinces and centrally governed cities and the Ministry of Justice on the organization and operation of commercial arbitration in their respective localities, following model number 22/TP-TTTM issued along with this Circular. The deadline for submitting the annual report is before October 15th each year. The annual report covers the period from October 1st of the previous year to September 30th of the current year.
In addition to the regular reports, in case of emergencies, Departments of Justice shall report on the organization and operation of commercial arbitration in their respective localities according to the requirements of the People's Committees of provinces and centrally governed cities and the Ministry of Justice.
Article 8. Effective Date
This Circular takes effect from December 25, 2012.
During the implementation process, if there are difficulties or obstacles, organizations and individuals shall promptly reflect these issues in writing to the Ministry of Justice for research and guidance on solutions./
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DEPUTY MINISTER |
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