Circular 12/2012/TT-BTP: Promulgating A Number Of Forms On Organization And Operation Of Commercial Arbitration

Link to law: http://vbpl.vn/tw/Pages/vbpqen-toanvan.aspx?ItemID=10880&Keyword=
Published: 2012

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

Pursuant to the Government’s Decree No. 63/2011/ND-CP of July 28, 2011, detailing and guiding a number of articles of the Law on Commercial Arbitration;

Pursuant to the Government’s Decree No. 93/2008/ND-CP of August 22, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

In order to ensure the uniform management and use of forms on commercial arbitration, the Ministry of Justice promulgates and guides uniform use of forms on organization and operation of commercial arbitration as follows:

Article 1. Scope of regulation

This Circular promulgates a number of forms to be uniformly used in organization and operation of commercial arbitration (bellow referred to as forms).

Article 2. Form users

1. Vietnamese citizens who are fully qualified for acting as arbitrators and apply for establishment of arbitration centers.

2. Provincial-level Justice Departments.

3. Arbitration centers, branches of arbitration centers, foreign arbitration institutions, Vietnam-based branches or representative offices of foreign arbitration institutions that carry out administrative procedures for operation of commercial arbitration in Vietnam.

Article 3. Forms promulgated together with the Circular

1. To promulgate 29 forms with the codes mentioned below:





No.



Form title



Code





1



Charter of arbitration center



Form No. 01/TP-TTTM





2



Application for establishment of arbitration center



Form No. 02/TP-TTTM





3



Application for establishment of Vietnam-based branch or representative office of foreign arbitration institution



Form No. 03/TP-TTTM





4



Application for operation registration of arbitration center



Form No. 04/TP-TTTM





5



Application for operation registration of Vietnam-based branch or representative office of foreign arbitration institution



Form No. 05/TP-TTTM





6



Operation registration of arbitration center



Form No. 06/TP-TTTM





7



Operation registration of branch of arbitration center



Form No. 07/TP-TTTM





8



Operation registration of Vietnam-based branch of foreign arbitration institution



Form No. 08/TP-TTTM





9



Application for modification of establishment license of arbitration center or Vietnam-based branch of foreign institution



Form No. 09/TP-TTTM





10



Application for modification of operation registration of arbitration center or Vietnam-based branch of foreign arbitration institution



Form No. 10/TP-TTTM





11



Application for re-grant of establishment license of arbitration center or Vietnam-based branch or representative office of foreign arbitration institution



Form No. 11/TP-TTTM





12



Application for re-grant of operation registration of arbitration center or branch of arbitration center or Vietnam-based branch of foreign arbitration institution



Form No. 12/TP-TTTM





13



Announcement of establishment of representative office of arbitration center or Vietnam-based representative office of foreign arbitration institution



Form No. 13/TP-TTTM





14



Announcement of establishment of overseas branch or representative office of arbitration center



Form No. 14/TP-TTTM





15



Announcement of change of representative at law, head of branch, location of head office of arbitration center or Vietnam-based branch of foreign arbitration institution within a province or centrally run city



Form No. 15/TP-TTTM





16



Announcement of change of the head or location of Vietnam-based representative office of foreign arbitration institution within a province or centrally run city



Form No. 16/TP-TTTM





17



Announcement of relocation of head office of arbitration center, branch of arbitration center or Vietnam-based branch or representative office of foreign arbitration institution to another province and centrally run city



Form No. 17/TP-TTTM





18



Announcement of change in arbitrator list of arbitration center or Vietnam-based branch of foreign arbitration institution



Form No. 18/TP-TTTM





19



Announcement of operation termination of arbitration center or branch or representative office of arbitration center or Vietnam-based branch or representative office of foreign arbitration institution



Form No. 19/TP-TTTM





20



Annual report on commercial arbitration organization and operation of arbitration center



Form No. 20/TP-TTTM





21



Annual report on commercial arbitration organization and operation of Vietnam-based branch or representative office of foreign arbitration institution



Form No. 21/TP-TTTM





22



Annual report on commercial arbitration organization and operation of provincial-level Justice Department



Form No. 22/TP-TTTM





23



Report on operation termination of arbitration center or Vietnam-based branch or representative office of foreign arbitration institution



Form No. 23/TP-TTTM





24



List of arbitrators submitted to the Ministry of Justice for publication



Form No. 24/TP-TTTM





25



Labor contract monitoring book



Form No. 25/TP-TTTM





26



Dispute settlement monitoring book



Form No. 26/TP-TTTM





27



Arbitrator monitoring book



Form No. 27/TP-TTTM





28



Complaint and denunciation settlement monitoring book



Form No. 28/TP-TTTM





29



Commercial arbitration charge monitoring book



Form No. 29/TP-TTTM





2. The forms specified in Clause 1 of this Article are printed on A4-sized papers, 5 forms of book are printed on A3-sized papers.

Article 4. Form of charters of arbitration centers

The charter of an arbitration center is drafted in accordance with Article 7 of the Government’s Decree No. 63/2011/ND-CP of July 28, 2011, detailing and guiding a number of articles of the Law on Commercial Arbitration; and structured into chapters, articles, clauses and points as guided in Form No. 01/TP-TTTM promulgated together with this Circular.

After being approved by the Ministry of Justice, the draft charter of an arbitration center shall be issued together with a decision of the Minister of Justice and appended with a seal on every two adjoining pages.

Article 5. Publication and printing of forms

1. The forms specified in Article 3 of this Circular shall be published on the website of the Ministry of Justice.

2. Provincial-level Justice Departments, arbitration centers, branches and representative offices of arbitration centers, foreign arbitration institutions, Vietnam-based branches or representative offices of foreign arbitration institutions and individuals may access the website of the Ministry of Justice (www.moj.gov.vn) for printing and using the forms specified in Article 3 of this Circular.

Article 6. Principles of filling the forms of book, method of using the forms and preservation of reports, dossiers and books

The forms specified in Clause 1, Article 3 of this Circular must be properly used and fully, clearly and exactly filled with the required contents. Modification of contents and format of a form is prohibited.

1. Books must be made every year. In case books are made on computer, they must be printed out every month with the arbitration institution’s seal appended on each page. The end of the book must have the signature and seal of the representative at law of the arbitration institution.

2. Contents must be filled accurately with clear wording written with only one kind of ink; abbreviations or erasures are not allowed. Contents of a book can be filled in on computer.

3. A book must be filled on every page without skipping. A seal must be appended on every adjoining pages from the first to the last page.

4. The numbers must be continuously given from 01 till the year end. If a new book is used before the year ends, the last page number of the previous book must be given to the first page of the new book instead of number 01.

The preservation of reports, dossiers and books complies with relevant regulations on archive.

Article 7. Reporting regime

1. Annually, arbitration centers, Vietnam-based branches and representative offices of foreign arbitration institutions shall send reports made according to Form No. 20/TP-TTTM and Form No. 21/TP-TTTM promulgated together with this Circular on commercial arbitrations organization and operation to provincial-level Justice Departments in the localities where they are headquartered. The reporting deadline is October 10 every year. An annual report is for the period from October 1 of a year to September 30 of the next year.

2. Annually, provincial-level Justice Departments shall send reports made according to Form No. 22/TP-TTTM promulgated together with this Circular to provincial-level People’s Committees and the Ministry of Justice on commercial arbitration organization and operation in their localities.  The deadline for submitting periodical reports is October 15 every year. An annual report is for period from October 1 of a year to September 30 of the next year.

In addition to periodical reports, in extraordinary cases, provincial-level Justice Departments shall report on commercial arbitration organization and operation in their localities at the request of provincial-level People’s Committees and the Ministry of Justice.

Article 8. Effect

This Circular takes effect on December 25, 2012.

Any difficulties arising in the course of implementation should be promptly reported in writing to the Ministry of Justice for consideration and settlement.-