| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No: 116-CP | Hanoi, September 05, 1994 |
ON THE ORGANIZATION AND ACTIVITIES OF ECONOMIC ARBITRATION
THE GOVERNMENT
Pursuant to the Law on Organization of the Government on the 30th of September 1992;
At the proposal of the Minister of Justice,
DECREES:
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1. Economic arbitration is organized in the form of Centers of Economic Arbitration.
2. The organization and operation of each Center of Economic Arbitration shall be stipulated by its Regulations conforming to this Decree and other relevant statutory provisions.
2. A Center of Economic Arbitration shall accept applications for settling economic disputes as stipulated in Article 1 of this Decree, only if before or after the dispute occurs, the sides have reached mutual written agreement on the choice of that Center of Economic Arbitration for settling their dispute.
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2. An application for the founding of a Center of Economic Arbitration must be sent to the People's Committee of the province or city under the Central Government (hereunder referred to as the provincial People's Committee), where the Center of Economic Arbitration intends to base its office.
3. An application for the founding of a Center of Economic Arbitration must specify the following:
a/ The full names, occupations and addresses of the Arbitrators who are founding members;
b/ The field of activity of the Center of Economic Arbitration;
c/ The place where the Center of Economic Arbitration intends to be based.
4. The application must be enclosed with:
a/ Draft Statute of the Center of Economic Arbitration;
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c/ Resumes of the founding members certified by the People's Committee of the ward, commune or township where they reside permanently;
d/ Photocopies of the Arbitrators' Cards.
a/ They must be recognized as virtuous, honest, impartial and objective;
b/ They must have knowledge and experience in the field of law and economics.
2. Those who have mental disorder, who have been sentenced to imprisonment, or whose sentence has not yet been revoked, or who are being prosecuted for their penal liability, shall not be made an Arbitrator.
3. A juror and procurator cannot be at the same time an Arbitrator.
4. The Minister of Justice shall decide the establishment of a Council to consider and select Arbitrators, and stipulate the procedures to consider and select Arbitrators and issue Arbitrators' Cards, at the proposal of the Council to consider and select Arbitrators.
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2. The Justice Office shall have to help the President of the provincial People's Committee manage the organization and activities of the local Center of Economic Arbitration, including:
a/ Receiving applications for the establishment of the Center of Economic Arbitration, and submitting them to the President of the provincial People's Committee for consideration and decision;
b/ Making regular reports on the activities of the Center of Economic Arbitration, and proposing to the President of the provincial People's Committee to decide measures to manage the organization and activities of the Center of Economic Arbitration;
c/ Considering requests of the Center of Economic Arbitration and of Arbitrators, and submitting them to the President of the provincial People's Committee for solution;
d/ Proposing to the President of the provincial People's Committee to issue a decision for suspension of the operation and withdrawal of the license of the Center of Economic Arbitration, in case the Center of Economic Arbitration commits serious breach of law;
e/ Proposing to the Minister of Justice to issue a decision for withdrawal of Arbitrators' Cards in case the Arbitrators make serious breach of law.
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a/ The full names of the Arbitrators who are founding members;
b/ The address of the Office; the name of the Center of Economic Arbitration.
c/ The field of activity of the Center of Economic Arbitration.
3. The license is valid for five years. When the license expires, if the Center of Economic Arbitration wants to continue its operation, it must apply for extension of the license.
4. In granting a license, the President of the provincial People's Committee shall also ratify the Statute of the Center of Economic Arbitration.
1. A Center of Economic Arbitration has a President and a Vice-President elected by the Arbitrators.
2. The President of a Center of Economic Arbitration shall appoint a Secretary of the Center.
3. The organizational Structure of a Center of Economic Arbitration, the tasks, powers, responsibility and tenure of the President and Vice-President shall be stipulated by the Center's Statute.
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1. A Center of Economic Arbitration shall cease its operation when:
a/ The duration written in the license expires;
b/ The conditions mutually agreed on in the Statute are effective;
c/ The Center has not been able to fill any vacancy in the required number of five Arbitrators within six months after such vacancy is announced.
d/ The Center's license is revoked.
2. When the Center of Economic Arbitration ceases its operation, it must return the license to the license-issuing agency.
PROSECUTION BY ECONOMIC ARBITRATORS
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The request must have the following contents:
a/ The date, month and year when the request is made;
b/ Names and addresses of the sides;
c/ Name of the Center of Economic Arbitration which is requested to settle the dispute;
d/ Brief resume of the dispute, and proposal for settlement;
e/ The measures of negotiations and reconciliation already taken by the sides which have failed;
f/ Full name of the Arbitrator whom the plaintiff selects from the list of Arbitrators of the Center of Economic Arbitration.
2. The plaintiff must send, enclosed with the request, the necessary documents to prove his/her request to the Center of Economic Arbitration.
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2. The arbitration fee shall be fixed by the Center of Economic Arbitration in accordance with the rates of fees stipulated by the Ministry of Finance and the Ministry of Justice.
3. The arbitration fee shall be borne by the losing side, unless otherwise decided by the parties concerned.
2. Within the time-limit set by the Center of Economic Arbitration, the defendant must send his/her answer to the Center and the plaintiff. The answer must correspond with the request of the plaintiff.
The defendant can send, enclosed with the answer, other necessary documents to the Center of Economic Arbitration.
Within ten days after the selection of the second Arbitrator, if the two Arbitrators selected by the sides fail to select a third Arbitrator, then the President of the Center of Economic Arbitration shall appoint a third Arbitrator to act as Chairman of the Arbitrators' Council.
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2. Each side can refuse only the Arbitrator of its own choice.
3. The side, which requests a refusal, must send the request to the Center of Economic Arbitration.
4. The request for refusal must be considered and decided by the President of the Center of Economic Arbitration within seven days from the date when the request is received.
5. If the request for refusal is accepted, then another Arbitrator shall be selected or appointed as replacement, as stipulated in Article 16 and Article 17 of this Decree.
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2. At the sides' request, the Arbitrators may hold an examination.
3. When necessary, the Arbitrators may request the sides to supply explanations, evidence and other relevant documents.
2. Invitations to the session to settle the dispute must be sent to the sides fifteen days before the opening of the session.
2. The sides can invite lawyers to defend their rights and their legitimate interests.
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2. In case one side or the sides are absent without a plausible excuse, the dispute may be settled on the basis of the available documents and evidence.
1. Vietnamese is the language and script used in the process of settling the dispute.
2. The sides may request the Center of Economic Arbitration to invite interpreters, or they themselves may invite interpreters, with the approval of the Center of Economic Arbitration. The side who makes the request must defray the interpretation cost.
Article 26.- The Arbitrators' Council shall decide by majority vote.
2. The minutes must be signed by the Arbitrators and the Secretary.
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1. A decision made by the Arbitrators must have the following contents:
a/ Name of the Center of Arbitration;
b/ The venue and date of the decision;
c/ Full names of the Arbitrators who settle the dispute;
d/ Names and addresses of the sides;
e/ The contents of the dispute;
f/ The basis for making the decision, and the contents of the decision;
g/ The rates of arbitration fee the sides are liable to pay.
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3. An arbitrators' decision must have the signatures of all the Arbitrators.
4. After announcing an Arbitrators' decision, the Arbitrators' Council or the Arbitrators should not alter or supplement it, except when there are some miscalculations or misspelling, and they must notify the sides of it.
2. An arbitrators' decision shall be sent to the sides within three days after the decision is made.
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The Minister of Justice shall have to guide the implementation of this Decree.
ON BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai
Decree no. 116-CP of September 05, 1994 on the organization and actitives of economic arbitration promulgated by the Government
- Số hiệu: 116-CP
- Loại văn bản: Nghị định
- Ngày ban hành: 05/09/1994
- Nơi ban hành: Chính phủ
- Người ký: Phan Văn Khải
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: 05/09/1994
- Ngày hết hiệu lực: 01/07/2003
- Tình trạng hiệu lực: Hết hiệu lực