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The Decree 63/2010/nd-Cp: Detailing And Guiding The Implementation Of Some Articles Of The Law On Commercial Arbitration

Original Language Title: Nghị định 63/2011/NĐ-CP: Quy định chi tiết và hướng dẫn thi hành một số điều của Luật Trọng tài thương mại

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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law on commercial arbitration on June 17, 2010;

Considering the recommendation of the Minister of Justice, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree, detailing and guiding the implementation of some articles of the law on commercial arbitration on the management state of the arbitration; registration procedures, active termination, revocation of license, Registration Certificate of the Center referee, referee Center branch; procedures for the establishment, registration, active termination, revocation of license, Registration Certificate of branches, representative offices of foreign organizations in Vietnam; enforcement of the decision to apply provisional measures of the Arbitration Board.

Article 2. The duties and powers of the Ministry of Justice Ministry of Justice responsible Government make governance about the arbitration, have the following powers, duties: 1. The construction, the Government, the Prime Minister issued the legal text on the Organization, functioning of arbitration; guidelines for implementing the legal texts on arbitration.

2. Grant, revoke the license of the Arbitration Center; granted, revoke the license of the branches, representative offices of foreign organizations in Vietnam; approved the change content license the Arbitration Centre under the provisions of this Decree.

3. Approves the Statute of the Center referee.

4. Publish the list of arbitrators of the arbitration organization operating in Vietnam; disclosure of information on the establishment, operation, termination of the activities of the arbitration organization.

5. Guide and advocacy organisation, common law on arbitration.

6. international cooperation in the field of arbitration.

7. Guide the training, professional training, referees.

8. test, inspection and process violated the law on arbitration.

9. Complaints, accusations about arbitration under provisions of the law.

10. the enactment and uniform manual forms, papers related to the arbitration organization.

Article 3. The Mission of the Ministry of finance, Ministry of finance guidelines on the collection, management, use, licensing fees, change the content license, Registration Certificate of the Arbitration Center, the branch registration certificate of the Arbitration Center; licensing fees, change the content license, Registration Certificate of branches, representative offices of foreign organizations.

Article 4. The duties and powers of the Department of justice the Department of Justice has the following powers and duties: 1. Registration, register the change content license, revoke the registration Paper of the Arbitration Center, the branch of the foreign organization in Vietnam; registration, revocation of Registration Certificate of the branches of the Center referee.

2. Updated information on the Arbitration Center, branch, Representative Office of the Arbitration Center; Branches, representative offices of foreign organizations in Vietnam.

3. Provide information on the registration activities, the establishment of a branch, Representative Office of the Arbitration Center; Branches, representative offices of foreign organizations in Vietnam for State management agencies, organizations and individuals are required by law.

4. Advocacy, disseminate laws on arbitration.

5. test, inspection and process violates the law on the Organization of the arbitration, the arbitrator according to the authority.

6. Complaints, accusations related to arbitration activities as stipulated by the law on arbitration.

7. The report on the Organization, operation of the Arbitration Center; Branch, Representative Office of the Arbitration Center; Branches, representative offices of foreign organizations in Vietnam periodically and annually in the case of irregularly at the request of the Justice Department, the provincial people's Committee, the central cities.

8. The mission, other rights prescribed by law.

Article 5. How to submit a new application profile profile, level again, change the content license, Registration Certificate, record the termination of activities of the Centre for arbitration, the Arbitration Center branch, branches, representative offices of foreign organizations in Vietnam can be filed directly or sent through the postal system to the competent authorities.

Chapter II registration, ACTIVE TERMINATION, REVOCATION of LICENSE, REGISTRATION CERTIFICATE of the ARBITRATION CENTER, the BRANCH of the CENTER for ARBITRATION article 6. The name of the Arbitration Center, branch, Representative Office of the Arbitration Center 1. The name of the Center referee is written in Vietnamese because the founders choose but must include the phrase "Center" and do not match, do not cause confusion with the name of the Arbitration Center, branch, Representative Office of the Arbitration Center was granted license, does not violate the historical tradition culture, ethics and customs of peoples.

In the case of the Center referee has the name in a foreign language, then the name must be the name was translated from the Vietnamese by name into a foreign language, not coincident, not cause confusion with the names of other arbitration institutions are active in Vietnam.

2. the Arbitration Centre can have logos, but not use the national flag, national emblem, the Party, leaders of the image, the image the coin of the Socialist Republic of Vietnam made its icon.

3. The name of the branch of the Center referee must include the phrase "branch" and the name of the Center referee.

4. The name of the representative office of the Arbitration Center must include the phrase "representative office" and the name of the Center referee.

Article 7. Rules of the arbitration centre of the Arbitration Center includes the following principal contents: 1. The name of the Arbitration Center; the name of the foreign arbitration centre (if available);

2. Headquarters;

3. The field, operational objectives;

4. Operating time;

5. The condition of infrastructure and financial resources, the financial regime of Arbitration Centre;

6. Organizational structure, management mechanisms, held back, dissolving the Arbitration Center, the dispute resolution mechanism of the internal Arbitration Centre;

7. The representative under the law of the Arbitration Center, the rights and obligations of the legal representative;

8. List the founding members; the method of changing the founding members of the Arbitration Center; enrollment conditions, expels the arbitrator; the rights and obligations of the arbitrator;

9. mode records, documents;

10. the Protocol through the Charter;

11. Be announced proceedings rules of the Arbitration Centre;

12. Other content consistent with the provisions of the law.

Article 8. Registered activity of the Arbitration Center 1. Registration profile consists of the following documents: 1 a) active application;

b) certified copies of licenses established Arbitration Centre; in the case filed copy then must be accompanied by a political perspective;

c) copies are attested charters Arbitration Centre; in the case filed copy then must be accompanied by a political perspective;

d) originals or copies certified proof of the headquarters activities of the Center referee.

2. Within 15 days from receipt of valid records, the Justice Department is responsible for granting registration for the Arbitration Centre.

Within 7 working days from the date of granting the registration activity for the Arbitration Centre, the Justice Department sent 1 copy of business registration Certificate for the Ministry of Justice.

3. After the Registration Certificate was issued, the Center referee made the publication established under the provisions of article 26 of the law on commercial arbitration and engraved the seal as prescribed by law.

The Arbitration Center was operated from the date of Registration Certificate is granted.

Article 9. The Central Branch of the arbitration 1. Branch is depend of the Arbitration Center, works with field operations recorded in the license of the Center referee.

2. the Arbitration Center to be responsible before the law on the activities of the branch. Arbitration Centre arbitrators appointed as head of the branch.

Article 10. Registration of branch 1. Within 15 working days from the date of the decision to establish a branch, the Center referee must register the activity of branch in the Department of Justice, the central city where the branch.

Registration records of the branch comprises the following documents: 1 a) active application;

b) certified copies of licenses established Arbitration Centre; in the case filed copy then must be accompanied by a political perspective;

c) decided to establish a branch of the Arbitration Center;

d) original decision of Arbitration Center regarding the election of the Chief of the branch;

DD) original or copies certified proof of the headquarters of the branch.

2. within 10 working days from the date of receiving documents, the Justice Department is responsible for granting registration for the branch.

3. within 7 working days from the date of the branch registration Certificate was issued, the Center referee is informed in writing about the establishment of a branch of the Center for the Ministry of Justice.

In the case of the Arbitration Centre established branches outside the province, central cities, where the Arbitration Center headquarters, within 7 working days from the date of the branch registration Certificate was issued, the Center referee is informed in writing about the establishment of the branch for the Ministry of Justice and the Department of justice where the Arbitration Centre latest the headquarters.

4. Branch of the Center referee used the seal as prescribed by law.

Article 11. Change the content license, Registration Certificate of the Arbitration Center, active registration of branch 1. When wishing to change the name, field of activity, the Center referee send name change proposal, the scope of activities to the Ministry of Justice. Records suggest change includes the following documents: 1 a) petition to change content license;


b) license established by the Arbitration Center and papers related to the change (if any).

2. Within 15 working days from the date of receiving the record of the Arbitration Center, the Ministry of Justice has answered text approve or not approve the proposed content changes; the case of disapproval must have written reply stating the reason.

3. Within 15 working days from the date the text approved the content change the license in force, the Center referee must register the change in the Justice Department, where the registration center activities. The Department of justice where sign work record changes made to content change on the registration activities of the Centre. The suggested profile contents to change registration includes the following documents: 1 a) petition to change content of the Registration Certificate;

b) original registration Paper;

c) certified copies of licenses established Arbitration Centre; in the case filed copy then must be accompanied by a political perspective.

4. the Arbitration Center to change the legal representative, location based within the province of the central cities, then within 7 working days from the date of the change must be reported in writing to the Ministry of Justice and send the registration content changes to the Department of Justice where the registration center activities. The suggested profile contents registration of changes made under the provisions of paragraph 3 of this article.

Case change to the headquarters location, the other central cities, the Center referee send announcements switch places the headquarters for the Department of justice where has registered the activity and send the registration record for the Justice Department, where the new headquarters. Registration documents include the papers specified in article 8 of this Decree.

5. in case of changing the head of the branch, the headquarters of the branch within the province, central cities, the branch must send the proposal to change the content of registration for the Justice Department where the registration of the branch within 7 working days from the date of the decision to change. The suggested profile contents registration of changes made under the provisions of paragraph 3 of this article.

Branch of the arbitration center based location changes to the central cities, else send announcements switch places the headquarters for the Department of justice where has registered the activity and send the registration record for the Justice Department, where the new headquarters. Application made under the provisions of article 10 of this Decree.

Article 12. Reissued license, Registration Certificate 1. The Center for arbitration, the Arbitration Center branch, branches, representative offices of foreign organizations in Vietnam that license, Registration Certificate is lost, torn, ragged, fire or destruction can send the proposal again to the competent authority which has granted the license Paper registration, to be given back. Recommended records reissued consists of the following documents: 1 a) application level license, Registration Certificate;

b) confirmation about the lost license, Registration Certificate of the level takes place.

2. The Ministry of Justice consider reissuing license within 10 working days of receiving the recommended records reissued license. The Justice Department has registered place of activity considering the level again within 5 working days from the date of the proposed record level again.

Article 13. Representative Office of the Arbitration Center 1. A representative office is the dependence of the Arbitration Center, was established to seek, promote active arbitration opportunities, represent the Arbitration Center in the transactions of the Centre. A representative office has Major offices.

2. the Arbitration Center to be responsible before the law on the activities of the representative office.

3. within 7 working days from the date of establishment of the representative office, change location, change the head of representative office, the Center referee is informed in writing about the establishment of the representative office, change location, change the Head Office for the Justice Department, where the Arbitration Center headquarters and the Department of Justice , where the most recent representative office.

In case of establishing representative offices outside the province, central cities, records the notice includes the following documents: 1 a) announce the establishment of the representative office;

b) copies are certified License Center, registration Paper of the Arbitration Center; in the case filed copy then must be accompanied by a political perspective.

Article 14. Branch, Representative Office of the Arbitration Centre established abroad within a period of 30 days from the date the competent bodies of foreign countries to allow the establishment of branches, representative offices of overseas arbitration centre or from the date of termination of the activities of the branch , Representative offices abroad, the Center must be notified in writing to the Ministry of Justice, the Department of justice where the registration center.

Article 15. Revocation of license, Registration Certificate of the Arbitration Center, the branch of the Arbitration Center 1. Arbitration Centre revoked license, Registration Certificate in the following cases: a) the Center referee has the violations were sanctioned administrative violations that happen;

b the Arbitration Center) does not conduct any activity recorded in the Charter, license within 5 years from the date of Registration Certificate was issued;

c) within 30 days from the date of the license, the Central referee does not proceed with registration at the Department of Justice, the central city where the Center referee.

d the Arbitration Center) does not modify, Supplement, rules of arbitration proceedings in accordance with the law on commercial arbitration within a period of 12 months from the date of commercial arbitration law in force.

2. in case of the Organization, the individual discovered the Center referee in the case revoked license shall notify the Department of Justice, where the headquarters of the Center referee. The Justice Department is responsible for conducting the review, verification.

The latest is 7 working days from the day the Justice Department discovered the Center for arbitration in case of revocation of license, the Justice Department must have text suggested the Ministry of Justice to revoke license, which stated the reasons attached to the proof (if any).

3. Within 15 working days from the date of receiving the written recommendation of the Department of Justice, the Minister of Justice of the decision to revoke the license of the Center referee. Within 30 days of a decision revoking the license, the Center referee must return license of Arbitration Centre for the Ministry of Justice.

Within 15 working days from the date of the decision to revoke the license of the Center referee has the effect, then the Center referee must resubmit the registration Paper work for the Department of justice where the granting of registration activities.

4. Branch of the Center referee violating a clause 1 of this article shall be revoked the registration Paper work. Subsidiary of the Center referee revoked license must return the paper registration activity of the branch to the Department of justice where the granting of registration activities.

5. In the case of the Arbitration Center detection, the branch in case the withdrawn registration Certificate under the provisions of the law shall within 15 working days, the Justice Department where the granting of registration activities of the Arbitration Center, Branch made the recovery of paper registration.

Within 15 working days from the date of the decision to revoke the Registration Certificate or the decision sanctioning administrative violations in effect, then the Center referee, the branch must return his registration Certificate to the Department of justice where the granting of registration activities.

Article 16. Order and procedure for the termination of activities of the Centre for arbitration under the rules of the Arbitration Centre 1. In the event of termination of activities according to the rules of the arbitration centre specified in point a of paragraph 1 Article 28 of law on commercial arbitration, then the slowest is 30 days before the time of the termination of the Arbitration Center, activities must be notified in writing of the termination of operation for the Department of Justice and Department of Justice where the registration center activities; posted daily newspapers of Central or local newspapers where registration in three consecutive numbers about the termination of activities.

The Arbitration Center to complete the debt payment and complete the incident received, unless a different agreement.

2. within 7 working days from the date of completion of the procedure defined in paragraph 1 of this article, the reporting Center in writing of the completion of the procedures for the Department of Justice.

Within 7 working days from the date of receiving the report of the Arbitration Center, the Ministry of Justice decision on the termination of the activities of the Centre. The Arbitration Center return license to the Ministry of Justice, the registration Paper work for the Justice Department, where the Center referee register and return the seal to the competent bodies.

Article 17. Order and procedure for termination of the activity of the arbitration centers in case of revocation of license 1. In the case of the Arbitration Center revoked license specified in point b of paragraph 1 Article 28 of law on commercial arbitration and article 15 of this Decree, shall within a period of 60 days from the date of the decision on revocation of license, the Arbitration Center to complete the debt payment and complete the incident got , unless a different agreement.

2. within 10 days from the date of the decision to revoke the licenses of establishment, Arbitration Centre to post daily newspaper of Central or local newspapers where registration in three consecutive numbers about the termination of activities.


3. within 7 working days from the date of completion of the procedures provided for in paragraph 1 and paragraph 2 of this article, the reporting Center in writing of the completion of the above procedure for the Department of Justice and the Department of Justice, where the registration center activities; return the seal to the competent bodies.

Article 18. Termination of the activities of the branch. Representative Office of the Arbitration Center 1. Subsidiary of the Center referee to terminate activities in the following cases: a) according to the decision of the arbitration center of the termination of the activities of the branch;

b) Arbitration Center itself ended operation or revoked license;

c) revoked registration Paper of the subsidiary in accordance with the law.

2. At the latest 30 days before the termination of the activities of the branch, established Arbitration Centre branch is notified in writing to the Ministry of Justice, the Department of Justice, where the headquarters of the Arbitration Center and the Department of Justice, where the branch about the termination of the activities of the branch.

The Arbitration Center to complete the debt payment and complete the branch received, unless a different agreement.

Within 30 days from the time of the termination of the activities of the branch, the Center referee must pay back the registration Paper of the branch for the Justice Department, where the registration of the branch; return the seal to the competent bodies.

3. Representative Office of termination of activity as determined by the Arbitration Center. At the latest 10 working days prior to the termination of activity of representative office, Central arbitration must be notified of the termination of activity of Representative Office for the Justice Department, where the Arbitration Center headquarters and the Justice Department, where a representative office.

Article 19. The order, announced procedure, change the list of arbitrators, the information about the Organization, functioning commercial arbitration 1. The Arbitration Center, the branch of the foreign organization in Vietnam sent a list of arbitrators for the Ministry of justice within 15 days from the date the licensed establishment or since when there is a change in the list of arbitrators.

The monthly periodical, the Ministry of Justice updated and published the list of arbitrators on the electronic portal of the Ministry of Justice. The publication of the list of arbitrators in order to provide information, not affect as arbitrator.

2. the Arbitration Center, the branch of the foreign organization to change the list of arbitrators, then within 7 working days from the date of the decision to change to notify in writing to the Ministry of Justice and the Department of Justice, where the Arbitration Center, the branch of the foreign organization registration.

3. The Ministry of Justice make disclosure on the electronic portal of the Ministry of Justice on the establishment of the Organization of the arbitration, revoked license, registration Paper work, termination of the activities and the necessary information on the Organization, functioning commercial arbitration.

Chapter III the ESTABLISHMENT, registration, ACTIVE TERMINATION, REVOCATION of LICENSE, REGISTRATION CERTIFICATE of branches, REPRESENTATIVE OFFICES of FOREIGN ORGANIZATIONS in VIETNAM article 20. The name of the branch, a representative office of a foreign arbitration organizations 1. Name of the branch of the foreign organization must include the phrase "branch" and the name of the foreign arbitration organizations.

2. Name of representative offices of foreign organizations must include the phrase "representative office" and the name of the foreign arbitration organizations.

3. name the branches, representative offices of foreign organizations must ensure conformity with regulations on how the name referred to in paragraph 1, paragraph 2 article 4 of this Decree.

Article 21. Licensing of establishment of branches, representative offices of foreign organizations in Vietnam 1. Foreign arbitration organizations wishing to establish a branch, representative office in Vietnam must have suggested the establishment of a branch, Representative Office sent the Ministry of Justice. Within 45 days from the date of receiving documents and fees, the Ministry of Justice to consider licensing established affiliates, representative offices of foreign organizations; the case refused to notify in writing.

License branches, representative offices of foreign organizations is effective from the date of signing.

2. established profile Branch includes the following documents: 1 a) application to establish a branch;

b) copies are authenticated proof of the establishment of foreign arbitration organizations by the Agency, the competent institutions of foreign countries;

c) about the activities of foreign organizations;

d) certified copies of foreign arbitration organizations;

DD) copy has certified the election decision the arbitrator as head of the branch; Head of the branch to be permanent people in Vietnam;

e) list of arbitrators, the employee is expected to work in the branch.

3. The record established a representative office include the following documents: 1 a) application to establish a representative office;

b) copies are authenticated proof of the establishment of foreign arbitration organizations;

c) about the activities of foreign organizations;

d) certified copies sent to Chief Representative Office;

Expat list), Vietnam employees expected to work at the Office.

4. Petition to establish branches, representative offices of foreign organizations in Vietnam are made by Vietnamese. The attached papers suggest that if in a foreign language must be translated into Vietnamese and the translation must be certified in accordance with the law of Vietnam.

Paper by the Agency, foreign organization or notary, certified abroad must be legalized by the Consulate of Vietnam law provisions, except in cases that are free of consular legalized under international treaties to which the Socialist Republic of Vietnam is a member.

Article 22. The branch register, inform the establishment of representative offices of foreign organizations in Vietnam 1. Within a period of 60 days from the date of establishment licensing, the branch of the foreign organization must register at the local Department of Justice Headquarters Branch.

2. registration profile consists of the following documents: 1 a) active application;

b) original or copies certified proof of the headquarters of the branch;

c) copies are certified license branch; in the case filed copy then must be accompanied by a political perspective.

d) copies are attested to decide on the appointment of the Chief of the branch.

3. within 10 working days from the date of receipt of a valid application and fees, the Justice Department granted the registration Paper work for the branch. The branch was operated from the date of granting the registration.

Within 7 working days from the date of granting the registration activity for branch, the Justice Department sent 1 copy of business registration Certificate for the Ministry of Justice.

4. within 7 working days from the date of establishment license, a representative office of a foreign arbitration organizations are informed in writing about the establishment of a representative office for the Department of Justice, the seat of the representative office. Notification profile consists of the following documents: 1 a) announce the establishment of the representative office;

b) certified copies of licenses to establish representative offices of foreign organizations; in the case filed a copy must accompany original for collation.

5. within 30 days from the date of the branch is granting registration, branches of foreign organizations to post daily newspaper of Central or local registration of branch in three consecutive number of the branch.

Article 23. Change the content license, Registration Certificate of branches, representative offices of foreign organizations in Vietnam 1. The branch of the foreign organization in Vietnam changes the name, field of activity, send suggestions about changing the name, the scope of activities to the Ministry of Justice. Records suggest change includes the following documents: 1 a) petition to change the content license;

b) license the establishment of branches of foreign arbitration organizations in Vietnam and papers related to the change (if any);

Within 15 working days from the date of receipt of the proposal changes, the Department of justice review and written approval; the case refused to notify in writing.

2. Within 15 working days from the date of receiving the written approval to change the content license branch foreign arbitration organizations, the branch must register the change in the Justice Department, where the branch. Content registration profile to change include the following documents: 1 a) petition to change content of the Registration Certificate;

b) original registration Paper;

c) certified copies of your license branch foreign organizations; in the case filed copy then must be accompanied by a political perspective.

The Department of justice where registered the change made the record contents changed on the active registration of the branch.

3. in case of changing the head of the branch, the branch offices of foreign organizations within the province, the central cities within 7 working days from the date of the decision to change to notify in writing to the Ministry of Justice and send content registration proposal to change for the Department of justice where active registration. The suggested profile contents to change registration includes the following documents: 1 a) petition to change content of the Registration Certificate;

b) original registration Paper;

c) copies are certified license branch foreign organizations; in the case filed copy then must be accompanied by a political perspective.


In the case of transferred its headquarters to the city, other centrally hosted branch, foreign referees to send notification to the Department of justice where has registered the activity and send the registration records to the Justice Department, where the new headquarters location. Records suggest that registration under the provisions of article 22 of the Decree.

4. Representative Office of foreign arbitration organizations in Vietnam Chief Representative Office changes, location based within the province of the central cities, then within 7 working days from the date of the decision to change to notify in writing to the Ministry of Justice and the Department of justice where the offices are located.

In case of a change to the headquarters location, the other central cities, office relocation notice the headquarters for the Department of Justice, where the former headquarters and the Justice Department, where the new headquarters. Message profile to send the Justice Department new headquarters includes the following documents: 1 a) notice of the change of location a representative office;

b) certified copies of licenses to establish a representative office; in the case filed copy then must be accompanied by a political perspective.

Article 24. Revocation of license, Registration Certificate of license, branch offices of foreign organizations in Vietnam 1. Branches, representative offices of foreign organizations in Vietnam revoked license, Registration Certificate in the following cases: a) Having violations were sanctioned administrative violations that happen;

b) branches, representative offices of foreign organizations do not conduct any activity recorded in the license within 5 years from the date the licensed establishment.

2. in case of personal discovery, organization of branches, representative offices in case of revocation of license, Registration Certificate shall notify the Department of Justice's headquarters, branch offices. The Justice Department is responsible for conducting the review, verification.

The latest is 7 working days from the day the Justice Department discovered a branch, representative office in case of revocation of license, the Justice Department must have text suggested the Ministry of Justice to revoke license which stated the reason and accompanied by the proof (if any).

3. Within 15 working days from the date of receiving the written recommendation of the Department of Justice, the Minister of Justice of the decision to revoke the license of a branch, Representative Office.

4. within 30 days from when the Ministry of Justice has decided to revoke the license, branches, representative offices of foreign organizations in Vietnam must return the license to the Ministry of Justice.

5. Within 15 working days from when the Justice Department where the granting of registration activities of the branch decision revoking the registration Paper work, branch of the foreign organization must submit Paper registration back to the Justice Department.

Article 25. Termination of the operation of branches, representative offices of foreign organizations in Vietnam 1. Branches, representative offices of foreign organizations in Vietnam ended activity in the following circumstances: a) branches, representative offices of foreign organizations were active termination at the discretion of the foreign organization;

b) foreign arbitration organizations established a branch, representative office in Vietnam has terminated operations abroad;

c) revoked license as prescribed in article 24 of this Decree.

2. In case of termination of activity of representative office, branch specified in point a and point b of paragraph 1 of this article, at the latest 30 days before the time of cessation of activity, branch, representative office must be notified in writing of the termination of operation for the Department of Justice , The local Justice Department Headquarters; post notification of termination of activity as defined in clause 1 article 16 of this Decree.

Within 15 working days from the date of receiving notice of the termination of the operation of branches, representative offices of foreign organizations in Vietnam, the Ministry of Justice decision to terminate the activities of a branch, Representative Office.

Before the time of the termination of operations, branches, representative offices of foreign organizations in Vietnam must finish paying the debt, liquidated the labor contract; complete the incident got (for affiliates), unless other agreement; return the license to the Ministry of Justice; resubmit the registration Paper work for the Justice Department; return the seal for the Agency to have the authority to grant registration and the use of the seal.

3. In the case of a branch, Representative Office revoked the license branch, representative office must post a notice of the termination of activities according to the provisions in clause 1 article 16 of this Decree; payments of debts, liquidation of the labor contract, complete the incident got (for affiliates), unless a different agreement.

Least 60 days from the date of the decision of the Ministry of Justice about the termination effective activity or decision sanctioning administrative violations in the form of license revocation is in effect, branch, representative office must complete the above procedure and send a report in writing to the Ministry of Justice , The Justice Department headquarters about the termination of activities; return the seal to the authorities.

Chapter IV the TERMS OF IMPLEMENTATION of Article 26. Enforcement of the decision apply provisional remedies of the arbitration enforcement Board decided to apply provisional measures, the decision to change, apply additional, cancellation of provisional remedies of the Arbitration Board be made under the provisions of the law of civil enforcement of the implementation of the decision to apply provisional measures of The Court.

Article 27. Transitional provisions 1. Before 31 December 2011, the Arbitration Centre was established before the law of commercial arbitration in effect must modify, supplement the Charter and the rules of the arbitration proceedings in accordance with the provisions of the law on commercial arbitration. The Charter amendment and supplements must be approved by the Ministry of Justice.

Application for approval of Charter amendments, supplements include the following documents: 1 a) petition approved Charter amendments and supplements;

b) copies are certified License Center or the decision to ratify the Charter Arbitration Centre; in the case filed copy then must be accompanied by a political perspective;

c) draft Charter amendments, supplements.

2. within 30 days from receipt of valid records, the Justice Department approved the Charter amendment and supplement of the Center referee.

Article 28. Effect 1. The Decree has effect from January 20, 2011.

Decree No. 25/2004/ND-CP dated 15 January 2004 from the Government detailing the implementation of a number of articles of the Ordinance on commercial arbitration most effective since the date this Decree is in effect.

2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.