The Government of Vietnam has issued Decree No. 124/2018/ND-CP amending Decree No. 63/2011/ND-CP guiding the Commercial Arbitration Law (“Decree 124”). Decree 124 took effect on September 19, 2018.

Accordingly, in order to satisfy the requirements of Decision 1319/QD-BTP approving the plan for reduction and simplification of business conditions in domains under State Management issued by the Ministry of Justice on June 8, 2018, Decree 124 simplifies some commercial arbitration procedures by removing and reducing certain components of the record to create more favorable conditions for people and businesses. The specific contents are as follows:

  1. In the registration dossier of the operation of the arbitration center, the submission of an original or a certified copy of the paper proving the working office of the arbitration center is not necessary.
  2. In the registration dossier of operation of the branch of the arbitration center, the submission of an original or a certified copy of the paper proving the working office of the branch is not necessary.
  3. In the application dossier for the License of the establishment of a branch or representative office of a foreign arbitration organization in Vietnam, (a) the submission of a certified copy of the document proving the lawful establishment of the foreign arbitration institution issued by a foreign competent agency or organization; (b) a written introduction of operation of the foreign arbitration institution; and (c) the list of expected arbitrators and employees of the branch are not necessary.
  4. In the application dossier for the registration of operation of Vietnam-based branches, (a)  the notification of establishment of Vietnam-based representative offices of a foreign arbitration center; (b) the submission of an original or a certified copy of the document proving the branch office; and (c) a certified copy of the decision to appoint the branch head are not necessary.

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