Changes in procedures for establishing a commercial mediation center
Specifically, Decree No. 112/2025/ND-CP amends and supplements Article 21 of Decree No. 22/2017/ND-CP on procedures for establishing a commercial mediation center.
According to the new regulations, Vietnamese citizens who meet the criteria for commercial mediators as prescribed in Clause 1, Article 7 of this Decree and wish to establish a commercial mediation center shall submit an application for establishment via postal service or directly to the Department of Justice of the province or centrally-run city where the center is located or online on the National Public Service Portal (according to the old regulations, the application for establishment was sent to the Ministry of Justice ).
The application for establishment includes 01 set:
a) Application for establishment of a Commercial Mediation Center according to the form issued by the Ministry of Justice with a list of founding members;
b) A copy with the original for comparison or an electronic copy or an electronic copy from the original or an electronic copy certified from the original or a certified copy of the Documents proving that the founder meets the qualifications of a commercial mediator as prescribed in Clause 1, Article 7 of this Decree;
c) Draft Mediation Rules of the Center: The content of the Mediation Rules of the Center must not be contrary to the provisions of law.
Within 15 days from the date of receipt of valid dossiers, the Department of Justice shall appraise and submit to the Chairman of the People's Committee of the province or centrally-run city for consideration and issuance of a License to establish a Commercial Mediation Center. Within 05 working days from the date of submission of the dossier by the Department of Justice, the Chairman of the People's Committee of the province or centrally-run city shall consider and issue a License to establish a Commercial Mediation Center. The person requesting to establish a Commercial Mediation Center shall receive the results at the Department of Justice where he/she submitted the dossier. In case the Chairman of the People's Committee of the province or centrally-run city refuses, he/she must notify the reason in writing. The person whose dossier is refused has the right to complain or initiate a lawsuit in accordance with the provisions of law.
Re-issue License online on the National Public Service Portal
Decree No. 112/2025/ND-CP also amends and supplements Article 27 of Decree No. 22/2017/ND-CP regulating the re-issuance of Establishment Licenses, Certificates of Registration of Operation of Commercial Mediation Centers, and Certificates of Registration of Operation of Branches of Commercial Mediation Centers.
According to Decree No. 112/2025/ND-CP, in case the Establishment License is lost, burned, torn, damaged or destroyed in another form, the Commercial Mediation Center shall send a request for re-issuance of the Establishment License via postal service or directly to the Department of Justice of the province or centrally-run city where the Center is headquartered or online on the National Public Service Portal for re-issuance.
Within 07 days from the date of receiving valid documents, the Department of Justice shall appraise and submit to the Chairman of the People's Committee of the province or centrally-run city to re-issue the Establishment License for the Commercial Mediation Center.
In case the Certificate of Operation is lost, burned, torn, damaged or destroyed in any other form, the Center or branch of the Commercial Mediation Center shall send a request for re-issuance of the Certificate of Operation via postal service or directly to the Department of Justice of the province or centrally-run city where the Center or branch registered its operation or online on the National Public Service Portal for re-issuance.
Within 05 working days from the date of receiving valid documents, the Department of Justice shall re-issue the Certificate of Registration of Operation for the Commercial Mediation Center and the Certificate of Registration of Operation for the branch of the Commercial Mediation Center.
Changes in licensing procedures for representative offices of foreign commercial mediation organizations in Vietnam
In addition, Decree No. 112/2025/ND-CP also amends and supplements Article 36 of Decree No. 22/2017/ND-CP regulating the granting of Licenses to establish branches and representative offices of foreign commercial mediation organizations in Vietnam.
Specifically, a foreign commercial mediation organization wishing to establish a branch or representative office in Vietnam shall submit its dossier via postal service or directly to the Department of Justice of the province or centrally-run city where the foreign commercial mediation organization has its branch or representative office, or online on the National Public Service Portal.
The file includes 01 set:
a) Application for establishment of branch or representative office according to the form issued by the Ministry of Justice;
b) A copy with the original for comparison or an electronic copy or an electronic copy from the original or an electronic copy certified from the original or a certified copy of the document proving the legal establishment of the foreign commercial mediation organization issued by a competent foreign agency or organization;
c) Original or electronic copy of the introduction of the activities of the foreign commercial mediation organization;
d) Original or electronic copy of the Decision to appoint a commercial mediator as Branch Head or Representative Office Head.
Documents attached to the Application for establishment of a branch or representative office, if in a foreign language, must be translated into Vietnamese and the translation must be certified in accordance with the provisions of Vietnamese law.
Documents issued by foreign agencies or organizations or notarized or certified abroad must be consularly legalized in accordance with Vietnamese law, except for cases exempted from consular legalization according to international treaties to which the Socialist Republic of Vietnam is a member.
Within 15 days from the date of receipt of valid dossiers, the Department of Justice shall appraise and submit to the Chairman of the People's Committee of the province or centrally-run city for consideration and issuance of a License to establish a branch or representative office of a foreign commercial mediation organization. Within 05 working days from the date of submission of the dossier by the Department of Justice, the Chairman of the People's Committee of the province or centrally-run city shall consider and issue a License to establish a branch or representative office of a foreign commercial mediation organization. The person requesting the establishment of a branch or representative office of a foreign commercial mediation organization shall receive the results at the Department of Justice where he/she submitted the dossier. In case the Chairman of the People's Committee of the province or centrally-run city refuses, he/she must notify the reason in writing.
Phuong Nhi
Source: https://baochinhphu.vn/phan-cap-tham-quyen-cap-giay-phep-thanh-lap-trung-tam-hoa-giai-thuong-mai-cho-dia-phuong-102250530154455807.htm
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