Decree No. 63/2011/ND-CP detailing and guiding the implementation of certain provisions of the Commercial Arbitration Law

DECREE

Detailed regulations and guidance on implementing some clauses

of Law on Commercial Arbitration

THE GOVERNMENT

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

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

Considering the proposal of the Minister of Justice,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations and guidance for implementation of certain provisions of the Law on Commercial Arbitration regarding state management of arbitration; procedures for registration of activities, termination of activities, revocation of Licenses to establish and Registration Certificates of Arbitration Centers and Branches of Arbitration Centers; procedures for establishment, registration of activities, termination of activities, revocation of Licenses to establish and Registration Certificates of Branches and Representative Offices of Foreign Arbitration Organizations in Vietnam; enforcement of decisions applying interim measures by arbitral tribunals.

Article 2. Tasks and powers of the Ministry of Justice

The Ministry of Justice is responsible before the Government for implementing state management over arbitration and has the following tasks and powers:

1. Drafting and submitting to the Government and the Prime Minister for promulgation legal documents on the organization and operation of arbitration; guiding the implementation of legal documents on arbitration.

2. Issuing and revoking Licenses to establish Arbitration Centers; issuing and revoking Licenses to establish Branches and Representative Offices of Foreign Arbitration Organizations in Vietnam; approving changes to the contents of Licenses to establish Arbitration Centers as prescribed in this Decree.

3. Approving the Statutes of Arbitration Centers.

4. Publishing lists of arbitrators of arbitration organizations operating in Vietnam; publishing information on the establishment, operation, and termination of arbitration organizations.

5. Guiding, organizing publicity, and dissemination of laws on arbitration.

6. Implementing international cooperation in the field of arbitration.

7. Guiding training and professional development in arbitration.

8. Inspecting, auditing, and handling violations of laws on arbitration.

9. Resolving complaints and denunciations concerning arbitration in accordance with the law.

10. Issuing and guiding uniform use of model documents and papers related to arbitration organizations.

Article 3. Tasks of the Ministry of Finance

The Ministry of Finance guides the collection, management, and use of fees for issuing Licenses, changing License contents, and Registration Certificates of Arbitration Centers and Branches of Arbitration Centers; fees for issuing Licenses, changing License contents, and Registration Certificates of Branches and Representative Offices of Foreign Arbitration Organizations.

Article 4. Tasks and powers of the Department of Justice

The Department of Justice has the following tasks and powers:

1. Registering activities, registering changes to License contents, and revoking Registration Certificates of Arbitration Centers and Branches of Foreign Arbitration Organizations in Vietnam; registering activities and revoking Registration Certificates of Branches of Arbitration Centers.

2. Updating information on Arbitration Centers, Branches, and Representative Offices of Arbitration Centers; Branches and Representative Offices of Foreign Arbitration Organizations in Vietnam.

3. Providing information on the registration of activities and the establishment of Branches and Representative Offices of Arbitration Centers; Branches and Representative Offices of Foreign Arbitration Organizations in Vietnam to competent state management agencies, organizations, and individuals as required by law.

4. Publicizing and disseminating laws on arbitration.

5. Inspecting, auditing, and handling violations of laws on arbitration organizations and arbitrators within its jurisdiction.

6. Resolving complaints and denunciations related to arbitration activities in accordance with the law on arbitration.

7. Reporting annually and at other times as required by the Ministry of Justice and the People's Committees of provinces and centrally-administered cities on the organization and operation of Arbitration Centers; Branches and Representative Offices of Arbitration Centers; Branches and Representative Offices of Foreign Arbitration Organizations in Vietnam.

8. Other tasks and powers as prescribed by law.

Article 5. Methods for Submitting Applications

Applications for issuance, reissuance, modification of contents of the License for Establishment, Registration of Operation, applications for termination of operations of Arbitration Centers, Branches of Arbitration Centers, Branches, Representative Offices of Foreign Arbitration Organizations in Vietnam may be submitted directly or sent through the postal system to the competent authority.

Chapter II

REGISTRATION, TERMINATION OF OPERATIONS, REVOCATION OF LICENSES

ESTABLISHMENT, REGISTRATION OF OPERATIONS OF ARBITRATION CENTERS

BRANCHES OF ARBITRATION CENTERS

Article 6. Name of Arbitration Center, Branches, Representative Offices of Arbitration Centers

1. The name of the Arbitration Center shall be written in Vietnamese by the founders but must include the phrase "Arbitration Center" and not duplicate or cause confusion with the names of other Arbitration Centers, Branches, Representative Offices that have been issued Licenses for Establishment, and not violate historical traditions, cultural values, ethics, and customs of the nation.

In cases where the Arbitration Center has a foreign language name, it must be a translation from the Vietnamese name into the foreign language, not duplicate or cause confusion with the names of other arbitration organizations currently operating in Vietnam.

2. The Arbitration Center may have a logo, but may not use the National Flag, Party Flag, State Emblem, images of leaders, images of currency of the Socialist Republic of Vietnam as its logo.

3. The name of the Branch of the Arbitration Center must include the phrase "Branch" and the name of the Arbitration Center.

4. The name of the Representative Office of the Arbitration Center must include the phrase "Representative Office" and the name of the Arbitration Center.

Article 7. Statutes of the Arbitration Center

The Statutes of the Arbitration Center shall include the following main contents:

1. Name of the Arbitration Center; foreign name of the Arbitration Center (if applicable);

2. Main office location;

3. Field of operation, objectives;

4. Duration of operation;

5. Physical facilities and financial resources conditions, financial regime of the Arbitration Center;

6. Organizational structure, management mechanism, restructuring, dissolution of the Arbitration Center, internal dispute resolution mechanism of the Arbitration Center;

7. Legal representative of the Arbitration Center, rights and obligations of the legal representative;

8. List of founders; method for changing founders of the Arbitration Center; conditions for admitting and excluding arbitrators; rights and obligations of arbitrators;

9. Record-keeping system for files and documents;

10. Method for adopting the statutes;

11. Method for announcing the Rules of Procedure of the Arbitration Center;

12. Other contents consistent with legal provisions.

Article 8. Registration of Operations of the Arbitration Center

1. The registration application includes the following one set of documents:

a) Application for registration of activities;

b) Certified copy of the License for Establishment of the Arbitration Center; if submitting a copy, the original must be attached for verification;

c) Certified copy of the Statutes of the Arbitration Center; if submitting a copy, the original must be attached for verification;

2. Within fifteen days from the date of receiving a valid application, the Department of Justice shall issue the Registration Certificate for the Arbitration Center.

Within seven working days from the date of issuing the Registration Certificate for the Arbitration Center, the Department of Justice shall send one copy of the Registration Certificate to the Ministry of Justice.

3. After obtaining the Registration Certificate, the Arbitration Center shall implement the establishment announcement according to Article 26 of the Commercial Arbitration Law and engrave its seal according to the law.

The Arbitration Center may commence operations from the date it receives the Registration Certificate.

Article 9. Branches of the Arbitration Center

1. A branch is a dependent unit of the Arbitration Center, operating in accordance with the field of activity recorded in the Establishment License of the Arbitration Center.

2. The Arbitration Center shall be responsible under the law for the activities of the Branch. The Arbitration Center appoints an arbitrator to serve as the Head of the Branch.

Article 10. Registration of Branch Activities

1. Within fifteen working days from the date of the decision to establish a Branch, the Arbitration Center must register the Branch's activities at the Department of Justice of the province or centrally-administered city where the Branch is located.

The registration dossier for the Branch includes the following one set of documents:

a) Application for registration of activities;

b) Certified copy of the License for Establishment of the Arbitration Center; if submitting a copy, the original must be attached for verification;

c) The original Decision on Establishing the Branch of the Arbitration Center;

d) The original Decision of the Arbitration Center regarding the appointment of the Head of the Branch;

2. Within ten working days from the date of receiving a valid dossier, the Department of Justice shall be responsible for issuing the Business Registration Certificate for the Branch.

3. Within seven working days from the date the Branch receives the Business Registration Certificate, the Arbitration Center must notify in writing about the establishment of the Branch of the Arbitration Center to the Ministry of Justice.

In case the Arbitration Center establishes a Branch outside the province or centrally-administered city where the Arbitration Center is headquartered, within seven working days from the date the Branch receives the Business Registration Certificate, the Arbitration Center must notify in writing about the establishment of the Branch to the Ministry of Justice and the Department of Justice where the Arbitration Center is headquartered.

4. The Branch of the Arbitration Center may use a seal according to the provisions of the law.

Article 11. Changes to the Content of the Establishment License, Business Registration Certificate of the Arbitration Center, and Business Registration Certificate of the Branch

1. When there is a need to change the name or field of operation, the Arbitration Center submits a dossier requesting changes in name or field of operation to the Ministry of Justice. The dossier requesting changes includes the following one set of documents:

a) Application for changing the content of the Establishment License;

b) The original Establishment License of the Arbitration Center and related documents concerning the change (if any).

2. Within fifteen working days from the date of receiving the dossier from the Arbitration Center, the Ministry of Justice issues a written response approving or not approving the requested changes; if not approved, it must provide a written response stating the reasons.

3. Within fifteen working days from the date the approval document for changing the content of the Establishment License becomes effective, the Arbitration Center must register the changes at the Department of Justice where the Arbitration Center has registered its activities. The Department of Justice where the registration takes place will record the changes in the Business Registration Certificate of the Arbitration Center. The dossier requesting registration of the changed content includes the following one set of documents:

a) Application for changing the content of the Business Registration Certificate;

b) The original Business Registration Certificate;

c) Certified copy of the Establishment License of the Arbitration Center; if submitting a copy, the original must be attached for verification.

4. If the Arbitration Center changes the legal representative or the headquarters location within the province or centrally-administered city, within seven working days from the date of the change, it must notify in writing the Ministry of Justice and submit a dossier for changing the registration content to the Department of Justice where the Arbitration Center has registered its activities. The dossier for requesting registration of the changed content follows the provisions of Clause 3 of this Article.

In case the headquarters location is moved to another province or centrally-administered city, the Arbitration Center sends a notice of transferring the headquarters location to the Department of Justice that issued the Business Registration Certificate and submits a registration dossier for activities to the Department of Justice where the new headquarters is located. The registration dossier includes the documents specified in Article 8 of this Decree.

5. In case the Head of the Branch or the Branch’s headquarters location is changed within the province or centrally-administered city, the Branch must submit a dossier requesting changes in registration content to the Department of Justice where the Branch has registered its activities within seven working days from the date of the decision to change. The dossier for requesting registration of the changed content follows the provisions of Clause 3 of this Article.

In case the Branch of the Arbitration Center moves its headquarters location to another province or centrally-administered city, it must send a notice of transferring the headquarters location to the Department of Justice that issued the Business Registration Certificate and submit a registration dossier for activities to the Department of Justice where the new headquarters is located. The registration dossier follows the provisions of Article 10 of this Decree.

Article 12. Reissuing Establishment License and Operation Registration Certificate

1. Arbitration Centers, Branches of Arbitration Centers, Branches, Representative Offices of Foreign Arbitration Organizations in Vietnam whose Establishment License and Operation Registration Certificate are lost, torn, damaged, burned, or destroyed may submit an application for reissue to the competent authority that issued the said certificates. The application for reissue shall include one set of the following documents:

a) Application for reissuing the Establishment License and Operation Registration Certificate;

b) Confirmation letter from the local police station where the certificate was lost regarding the loss of the Establishment License and Operation Registration Certificate.

2. The Ministry of Justice shall consider and reissue the Establishment License within ten working days from the date of receipt of the application for reissue. The Department of Justice at the location where the Operation Registration Certificate was issued shall consider and reissue within five working days from the date of receipt of the application for reissue.

Article 13. Representative Office of the Arbitration Center

1. The representative office is a subordinate unit of the Arbitration Center established to seek and promote opportunities for arbitration activities, and to represent the Arbitration Center in transactions. The representative office has a Head of the Representative Office.

2. The Arbitration Center shall be responsible under the law for the activities of the representative office.

3. Within seven working days from the date of establishment of the representative office, change of location, or change of the Head of the Representative Office, the Arbitration Center must notify in writing about the establishment of the representative office, change of location, or change of the Head of the Representative Office to the Department of Justice where the Arbitration Center is headquartered and the Department of Justice where the representative office is located.

In case the representative office is established outside the province or centrally governed city, the notification file shall include one set of the following documents:

a) Notification of the establishment of the representative office;

b) Certified copy of the Establishment License and Operation Registration Certificate of the Arbitration Center; if submitting a copy, the original must be attached for verification.

Article 14. Branches and Representative Offices of Arbitration Centers Established Abroad

Within thirty days from the date the competent authority of the foreign country permits the establishment of branches or representative offices of the Arbitration Center abroad or from the date the operation of the branch or representative office abroad ceases, the Arbitration Center must notify in writing the Ministry of Justice and the Department of Justice where the Arbitration Center is registered.

Article 15. Revocation of Establishment License and Operation Registration Certificate of Arbitration Centers and their Branches

1. An Arbitration Center shall have its Establishment License and Operation Registration Certificate revoked in the following cases:

a) The Arbitration Center commits violations that have been administratively sanctioned and repeats such violations;

b) The Arbitration Center does not conduct any activity recorded in the Charter and Establishment License for a continuous period of five years from the date of issuance of the Operation Registration Certificate;

c) Within thirty days from the date of receipt of the Establishment License, the Arbitration Center does not register its operation with the Department of Justice of the province or centrally governed city where it is headquartered;

d) The Arbitration Center fails to amend and supplement the charter and arbitration rules to comply with the Commercial Arbitration Law within twelve months from the effective date of the Commercial Arbitration Law.

2. If an organization or individual discovers that an Arbitration Center falls under the circumstances for revocation of the Establishment License, they must notify the Department of Justice where the Arbitration Center is headquartered. The Department of Justice shall be responsible for examining and verifying.

At the latest within seven working days from the date the Department of Justice discovers that the Arbitration Center falls under the circumstances for revocation of the Establishment License, the Department of Justice must issue a document requesting the Ministry of Justice to revoke the Establishment License, clearly stating the reasons and attaching supporting documents (if any).

3. Within fifteen working days from the date of receipt of the Department of Justice's request, the Minister of Justice shall issue a decision to revoke the Establishment License of the Arbitration Center. Within thirty days from the date of the revocation decision, the Arbitration Center must return the Establishment License to the Ministry of Justice.

Within fifteen working days from the date the decision to revoke the Establishment License becomes effective, the Arbitration Center must return the Operation Registration Certificate to the Department of Justice that issued it.

4. A Branch of an Arbitration Center violating point a of Clause 1 of this Article shall have its Operation Registration Certificate revoked. A Branch of an Arbitration Center whose Establishment License is revoked must return the Operation Registration Certificate of the Branch to the Department of Justice that issued it.

5. In case of discovering that an Arbitration Center or its Branch falls under the circumstances for revocation of the Operation Registration Certificate as prescribed by law, within fifteen working days, the Department of Justice that issued the Operation Registration Certificate of the Arbitration Center or Branch shall carry out the revocation of the Operation Registration Certificate.

Within fifteen working days from the date the decision to revoke the Operation Registration Certificate becomes effective or the administrative sanction decision becomes effective, the Arbitration Center or Branch must return its Operation Registration Certificate to the Department of Justice that issued it.

Article 16. Procedure for terminating the operations of the Arbitration Center according to the Charter of the Arbitration Center

1. In the case of terminating operations according to the provisions at point a, Clause 1, Article 29 of the Commercial Arbitration Law, the Arbitration Center must notify in writing about the termination of operations to the Ministry of Justice and the Department of Justice where the Arbitration Center is registered, at least thirty days before the termination date; publish in three consecutive issues of a central daily newspaper or a local newspaper where it is registered regarding the termination of operations.

The Arbitration Center must settle all debts and complete all accepted cases, except in cases of other agreements.

2. Within seven working days from the completion of procedures stipulated in Clause 1 of this Article, the Arbitration Center must report in writing on the completion of these procedures to the Ministry of Justice.

Within seven working days from receiving the report of the Arbitration Center, the Ministry of Justice issues a Decision on the termination of operations of the Arbitration Center. The Arbitration Center returns the Certificate of Establishment to the Ministry of Justice, the Registration Certificate of Operations to the Department of Justice where the Arbitration Center is registered, and returns the seal to the competent authority.

Article 17. Procedure for terminating the operations of the Arbitration Center in the event of revocation of the Certificate of Establishment

1. In the case of the revocation of the Certificate of Establishment of the Arbitration Center as provided for at point b, Clause 1, Article 29 of the Commercial Arbitration Law and Article 15 of this Decree, within sixty days from the date of the Decision on the revocation of the Certificate of Establishment, the Arbitration Center must settle all debts and complete all accepted cases, except in cases of other agreements.

2. Within ten days from the decision to revoke the Certificate of Establishment, the Arbitration Center must publish in three consecutive issues of a central daily newspaper or a local newspaper where it is registered regarding the termination of operations.

3. Within seven working days from the completion of procedures stipulated in Clauses 1 and 2 of this Article, the Arbitration Center must report in writing on the completion of these procedures to the Ministry of Justice and the Department of Justice where the Arbitration Center is registered; return the seal to the competent authority.

Article 18. Termination of operations of Branches and Representative Offices of the Arbitration Center

1. A Branch of the Arbitration Center terminates its operations in the following cases:

a) According to the decision of the Arbitration Center to terminate the operations of the Branch;

b) The Arbitration Center voluntarily terminates its operations or has its Certificate of Establishment revoked;

c) The Branch's Registration Certificate of Operations is revoked according to the law.

2. At least thirty days before the termination date of the Branch, the Arbitration Center establishing the Branch must notify in writing to the Ministry of Justice, the Department of Justice where the Arbitration Center is headquartered, and the Department of Justice where the Branch is located about the termination of the Branch's operations.

The Arbitration Center must settle all debts and complete all cases accepted by the Branch, except in cases of other agreements.

Within thirty days from the termination date of the Branch, the Arbitration Center must return the Branch's Registration Certificate of Operations to the Department of Justice where the Branch is registered; return the seal to the competent authority.

3. The Representative Office terminates its operations according to the decision of the Arbitration Center. At least ten working days before the termination date of the Representative Office, the Arbitration Center must notify in writing about the termination of the Representative Office's operations to the Department of Justice where the Arbitration Center is headquartered and the Department of Justice where the Representative Office is located.

Article 19. Procedures and formalities for announcing, changing the list of arbitrators, and information about arbitration organizations and activities

1. The Arbitration Center, Branches of foreign arbitration organizations in Vietnam shall submit the list of arbitrators to the Ministry of Justice within fifteen days from the date of issuance of the License for establishment or from the date of change in the list of arbitrators.

On a monthly basis, the Ministry of Justice updates and announces the list of arbitrators on its electronic portal. Announcing the list of arbitrators aims to provide information without affecting the status of arbitrators.

2. If the Arbitration Center, Branches of foreign arbitration organizations change the list of arbitrators, they must notify the Ministry of Justice and the Department of Justice where the Arbitration Center, Branches of foreign arbitration organizations are registered within seven working days from the date of the decision to change.

3. The Ministry of Justice shall announce on its electronic portal the establishment of arbitration organizations, revocation of establishment licenses, registration certificates, cessation of operations, and necessary information about arbitration organizations and activities.

Chapter III

ESTABLISHMENT, REGISTRATION, TERMINATION OF OPERATIONS,

REVOCATION OF ESTABLISHMENT LICENSES, REGISTRATION CERTIFICATES

OF BRANCHES, REPRESENTATIVE OFFICES OF FOREIGN

ARBITRATION ORGANIZATIONS IN VIETNAM

Article 20. Name of Branches, Representative Offices of Foreign Arbitration Organizations

1. The name of the Branch of a foreign arbitration organization must include the term "Branch" and the name of the foreign arbitration organization.

2. The name of the Representative Office of a foreign arbitration organization must include the term "Representative Office" and the name of the foreign arbitration organization.

3. The name of the Branch, Representative Office of a foreign arbitration organization must comply with the naming regulations set forth in Clause 1 and Clause 2 of Article 4 of this Decree.

Article 21. Issuance of Establishment Licenses for Branches, Representative Offices of Foreign Arbitration Organizations in Vietnam

1. A foreign arbitration organization wishing to establish a Branch, Representative Office in Vietnam must submit an application for establishment of the Branch, Representative Office to the Ministry of Justice. Within forty-five days from the date of receipt of a valid application and fees, the Ministry of Justice will consider issuing an Establishment License for the Branch, Representative Office of the foreign arbitration organization; if rejected, it must notify in writing.

The Establishment License for the Branch, Representative Office of the foreign arbitration organization becomes effective from the date of signing.

2. The establishment dossier for the Branch includes the following one set of documents:

a) Application for establishment of the Branch;

d) Certified copy of the Charter of the foreign arbitration organization;

a) Application for establishing a Representative Office;

b) Certified copy of documents proving the lawful establishment of the foreign arbitration organization;

c) Introduction of the activities of the foreign arbitration organization;

d) Certified copy of the Decision appointing the Head of the Representative Office;

đ) List of proposed foreign nationals and Vietnamese staff to work at the Representative Office.

4. The application for establishment of the Branch, Representative Office of a foreign arbitration organization in Vietnam must be made in Vietnamese. Any accompanying documents in a foreign language must be translated into Vietnamese and the translation must be certified according to Vietnamese law.

Documents issued or notarized abroad by foreign authorities must be legalized according to Vietnamese law, except in cases exempted from legalization under international treaties to which the Socialist Republic of Vietnam is a party.

Article 22. Registration of Branch Activities and Notification of Establishment of Representative Office of Foreign Arbitration Organization in Vietnam

1. Within sixty days from the date of issuance of the License for Establishment, the Branch of the foreign arbitration organization must register its activities with the Department of Justice at the local level where the Branch's headquarters is located.

2. The registration dossier includes the following documents:

a) Application for registration of activities;

c) Certified copy of the License for Establishment of the Branch; if submitting a copy, the original must be attached for verification.

3. Within ten working days from the date of receipt of complete and valid application materials and fees, the Department of Justice shall issue the Business Registration Certificate to the Branch. The Branch may commence operations from the date it receives the Business Registration Certificate.

Within seven working days from the date of issuing the Business Registration Certificate to the Branch, the Department of Justice shall send a certified copy of the Business Registration Certificate to the Ministry of Justice.

4. Within seven working days from the date of issuance of the License for Establishment, the Representative Office of the foreign arbitration organization must notify in writing the establishment of the Representative Office to the Department of Justice at the location of the Representative Office’s headquarters. The notification dossier includes the following documents:

a) Notification of the establishment of the representative office;

b) Certified copy of the License for Establishment of the Representative Office of the foreign arbitration organization; if submitting a copy, the original must be attached for verification.

5. Within thirty days from the date the Branch receives the Business Registration Certificate, the Branch of the foreign arbitration organization must publish in three consecutive issues of a central or local daily newspaper about the establishment of the Branch.

Article 23. Amendment of Content of the License for Establishment and Business Registration Certificate of Branch and Representative Office of Foreign Arbitration Organization in Vietnam

1. If the Branch of the foreign arbitration organization in Vietnam changes its name or scope of operation, it must submit an application dossier for such changes to the Ministry of Justice. The application dossier for changes includes the following documents:

a) Application form for amendment of the content of the License for Establishment.

b) Original License for Establishment of the Branch of the foreign arbitration organization in Vietnam and related documents concerning the change (if any).

Within fifteen working days from the date of receipt of the application dossier for changes, the Ministry of Justice shall examine and issue a written approval; in case of rejection, a written notice must be provided.

2. Within fifteen working days from the date of receipt of the written approval for amending the content of the License for Establishment of the Branch of the foreign arbitration organization, the Branch must register the changes with the Department of Justice at the location of the Branch. The registration dossier for changes includes the following documents:

a) Application for changing the content of the Business Registration Certificate;

b) The original Business Registration Certificate;

c) Certified copy of the License for Establishment of the Branch of the foreign arbitration organization; if submitting a copy, the original must be attached for verification.

The Department of Justice where the changes are registered shall record the changes in the Business Registration Certificate of the Branch.

3. In cases of changing the Branch Manager or the location of the Branch headquarters within the province or centrally-administered city, the Branch must notify in writing the Ministry of Justice and submit an application dossier for registration of changes to the Department of Justice at the location of the Branch’s activities within seven working days from the date of the decision to change. The application dossier for registration of changes includes the following documents:

a) Application for changing the content of the Business Registration Certificate;

b) The original Business Registration Certificate;

c) Certified copy of the License for Establishment of the Branch of the foreign arbitration organization; if submitting a copy, the original must be attached for verification.

In cases of transferring the headquarters to another province or centrally-administered city, the Branch of the foreign arbitration organization must notify the Department of Justice that issued the Business Registration Certificate and submit the registration dossier to the Department of Justice at the new location. The application dossier for registration shall comply with Article 22 of this Decree.

4. If the Representative Office of the foreign arbitration organization in Vietnam changes its Representative Office Manager or the location of the Representative Office within the province or centrally-administered city, it must notify in writing the Ministry of Justice and the Department of Justice at the location of the Representative Office within seven working days from the date of the decision to change.

In cases of transferring the headquarters to another province or centrally-administered city, the Representative Office must notify the transfer of the headquarters to the Department of Justice at the old location and the Department of Justice at the new location. The notification dossier submitted to the Department of Justice at the new location includes the following documents:

a) Notice of change of Representative Office location.

b) Certified copy of the License for Establishment of the Representative Office; if submitting a copy, the original must be attached for verification.

Article 24. Revocation of Establishment License and Registration Certificate for Branches and Representative Offices of Foreign Arbitration Organizations in Vietnam

1. The branches and representative offices of foreign arbitration organizations in Vietnam shall have their establishment licenses and registration certificates revoked in the following cases:

a) Engaging in acts that have been administratively sanctioned and subsequently committing the same violation again;

b) The branches and representative offices of foreign arbitration organizations do not conduct any activities listed in the establishment license for a continuous period of five years from the date the license was issued.

2. In cases where organizations or individuals discover that the branches or representative offices fall under the circumstances for revocation of the establishment license and registration certificate, they must notify the Department of Justice at the location where the branch or representative office is based. The Department of Justice has the responsibility to review and verify.

Within seven working days from the date the Department of Justice discovers that the branch or representative office falls under the circumstances for revocation of the establishment license, the Department of Justice must issue a document requesting the Ministry of Justice to revoke the establishment license, clearly stating the reasons and attaching relevant supporting documents (if available).

3. Within fifteen working days from the date of receipt of the request document from the Department of Justice, the Minister of Justice shall issue a decision to revoke the establishment license of the branch or representative office.

4. Within thirty days from the date the Ministry of Justice issues the decision to revoke the establishment license, the branches and representative offices of foreign arbitration organizations in Vietnam must return the license to the Ministry of Justice.

5. Within fifteen working days from the date the Department of Justice issuing the registration certificate for the branch makes a decision to revoke the registration certificate, the branch of the foreign arbitration organization must return the registration certificate to the Department of Justice.

Article 25. Termination of Operations of Branches and Representative Offices of Foreign Arbitration Organizations in Vietnam

1. The branches and representative offices of foreign arbitration organizations in Vietnam shall terminate operations in the following cases:

a) The branches and representative offices of foreign arbitration organizations are terminated according to the decision of the foreign arbitration organization;

b) The foreign arbitration organization establishing branches and representative offices in Vietnam has ceased operations abroad;

c) Being revoked the establishment license pursuant to Article 24 of this Decree.

2. In cases of termination of operations of branches and representative offices as stipulated in points a and b of Clause 1 of this Article, at least thirty days before the termination date, the branches and representative offices must notify in writing about the termination of operations to the Ministry of Justice and the Department of Justice of the local authority where the headquarters is located; publish the notice of termination of operations in accordance with Clause 1 of Article 16 of this Decree.

Within fifteen working days from the date of receipt of the notification regarding the termination of operations of the branches and representative offices of foreign arbitration organizations in Vietnam, the Ministry of Justice shall issue a decision to terminate the operations of the branches and representative offices.

Prior to the termination date, the branches and representative offices of foreign arbitration organizations in Vietnam must settle all debts, terminate labor contracts; complete all received cases (for branches), except in cases of other agreements; return the license to the Ministry of Justice; return the registration certificate to the Department of Justice; return the seal to the competent authority issuing it and register its use.

3. In cases where the branches and representative offices are revoked the establishment license, the branches and representative offices must publish the notice of termination of operations in accordance with Clause 1 of Article 16 of this Decree; settle all debts, terminate labor contracts, complete all received cases (for branches), except in cases of other agreements.

Within sixty days from the date the Ministry of Justice's decision on termination of operations becomes effective or the administrative sanction decision revoking the license becomes effective, the branches and representative offices must complete the above procedures and submit a written report to the Ministry of Justice and the Department of Justice at the location of the headquarters regarding the termination of operations; return the seal to the competent authority issuing it.

Chapter IV

IMPLEMENTING PROVISIONS

Article 26. Enforcement of Arbitration Council's decisions on provisional emergency measures

The enforcement of decisions on provisional emergency measures, decisions to change, supplement, or revoke provisional emergency measures of the Arbitration Council shall be carried out in accordance with the provisions of civil execution laws regarding the enforcement of court decisions on provisional emergency measures.

Article 27. Transitional Provisions

1. Before December 31, 2011, arbitration centers established before the effective date of the Commercial Arbitration Law must amend and supplement their Rules and Arbitration Procedures to comply with the provisions of the Commercial Arbitration Law. Amended and supplemented Rules must be approved by the Ministry of Justice.

The application dossier for approval of amended and supplemented Rules includes the following set of documents:

a) Request for approval of amended and supplemented Rules;

b) Certified copy of the License for establishing the Arbitration Center or Decision approving the Rules of the Arbitration Center; if submitting a copy, the original must be attached for verification;

c) Draft of amended and supplemented Rules.

2. Within thirty days from the date of receiving a complete application dossier, the Ministry of Justice shall approve the amended and supplemented Rules of the Arbitration Center.

Article 28. Effective Date

1. This Decree takes effect from September 20, 2011. Decree No. 25/2004/NĐ-CP dated January 15, 2004 of the Government detailing certain provisions of the Commercial Arbitration Ordinance ceases to be effective from the date this Decree takes effect.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.