Tiếng Việt
中文Yes. An arbitration center operating inconsistently with its establishment license is fined from VND 10,000,000 to VND 15,000,000, and may additionally be suspended from operation for 01 to 03 months and compelled to disgorge illegal gains obtained from the violation (Point a, Clause 3; Point a, Clause 4; Point b, Clause 5, Article 26 of Decree 82/2020/ND-CP).
1. Penalties for operating inconsistently with the license
Article 26 of Decree 82/2020/ND-CP:
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– Fines of VND 10–15 million for: operating inconsistently with the establishment license or operation registration certificate of an arbitration center or branch; operating without a license; allowing another organization to use the license for commercial arbitration activities; failing to develop, or developing unlawful, procedural rules (Clause 3);
– Suspension of operations for 01–03 months for operating inconsistently with the license and for allowing another organization to use the license (Point a, Clause 4);
– Compulsory disgorgement of illegal gains obtained from the violation (Point b, Clause 5).
2. Cases of revocation of the Establishment License and Operation Registration Certificate
Clause 1, Article 15 of Decree 63/2011/ND-CP:
– Committing a violation already administratively penalized and re-offending;
– Conducting no activity stated in the charter or Establishment License for 05 consecutive years from the date of issuance of the Operation Registration Certificate;
– Failing, within 30 days from receipt of the Establishment License, to register operations with the provincial Department of Justice where the head office is located;
– Failing to amend or supplement the charter and procedural rules to conform to the Law on Commercial Arbitration within 12 months from the Law’s effective date.
3. Does state management of arbitration include training arbitrators?
Yes. Article 15 of the Law on Commercial Arbitration 2010 provides that state management of arbitration includes: promulgating and guiding legal documents on arbitration; issuing and revoking Establishment Licenses and Operation Registration Certificates; publishing the list of arbitrators; legal dissemination; international cooperation; guiding the training and fostering of arbitrators; inspection, supervision and handling of violations; and resolving complaints and denunciations. The Government exercises unified management; the Ministry of Justice is responsible to the Government; provincial Departments of Justice assist the Ministry in certain tasks.
Notes on applying current legal provisions
Decree 63/2011/ND-CP and Decree 82/2020/ND-CP remain in effect. Arbitration centers must operate in accordance with their licenses, develop lawful procedural rules, and register operations promptly. For advice on commercial arbitration, please contact an ANT Legal lawyer at 0966.475.966.
How can ANT Legal help?
ANT Legal assists with advice on establishing and registering arbitration centers, drafting procedural rules, and representing clients in commercial arbitration proceedings.
For quick advice, you may contact a lawyer at 0966.475.966.
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