Documents related to the operation of VCCI

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Index

1. Decisions of the Prime Minister
2. Statues of the Vietnam International Arbitration Center
3. Regulation on the Operation of the general average Adjustment Committee at VCCI
4. Statute of the Organisation & activity of the Advisory Board at the VCCI

GOVERNMENT                   SOCIALIST REPUBLIC OF VIETNAM
No. 310/TTG               Independence - Freedom-Happiness

                                     Hanoi, 25 June , 1993

DECISION OF THE GOVERNMENT PRIME MINISTER

On work relations of organs of administration with the
Chamber of Commerce and Industry of Vietnam

THE GOVERNMENT PRIME MINISTER

In accordance with the Law on Organization of Government dated 30 September, 1992;
Pursuant to Decision No. 203-TTG dated 27 April, 1993 of the Prime Minister approving the Statutes of the Chamber of Commerce and Industry of Vietnam;
In consideration of the proposal made by the President of the Chamber of Commerce and Industry of Vietnam and the Minister , Head of the Government Personnel Department,

DECIDES

Articles 1. The Ministries, ministry - level organs, and organs under the Government (hereinafter referred to collectively as Government organs) shall have the responsibility of creating favourable conditions and rendering assistance to the Chamber of Commerce and Industry of Vietnam for the discharge by the latter of its functions and tasks set out in the Statutes approved by the Government Prime Minister under Decision No. 203-TTG dated 27 April 1993

Article 2. The Chamber of Commerce and Industry of Vietnam shall have the responsibility of offering its own suggestions and advice to Government organs and people's committees of provinces and cities under central authority in the drafting and organised implementation of economic institutions and policies for the purpose of improving the business environment, providing appropriate guidance and assistance, and creating favourable conditions for the operation of business enterprises in all sectors of ownership.

Article 3. The Chamber of Commerce and Industry of Vietnam shall have the responsibility of collecting the views and suggestions of the business community for report to the Prime Minister, and organising contacts between representatives of business enterprises and Government organs for discussions on matters concerning the activity of the business community.

Article 4. The President of the Chamber of Commerce and Industry of Vietnam shall be invited to take part in Government meetings where the relevant matters are discussed. Where necessary, the leadership of the Chamber of Commerce and Industry of Vietnam shall be invited to participate in activities on bilateral and multilateral economic co-operation and to join Government delegations on mission in the country and abroad.

Article 5. Where necessary, the Prime Minissster may delegate power to the Chamber of Commerce and Industry of Vietnam, or otherwise, through the latter, to carry out certain Government tasks aimed at developing economic and trade relations with non-governmental organisations in other countries and with those countries with which Vietnam has not yet established diplomatic relations.

Article 6. The Ministry of Commerce, the State Planning committee, the State Committee for Co- operation and Investment and the Ministry of Foreign Affairs shall have the responsibility of close co-ordination with the Chamber of Commerce and Industry of Vietnam for organising effective trade and investment promotion. The Heads of these Government organs and the President of the Chamber of Commerce and Industry of Vietnam shall plan joint periodical work to step up co- ordinated effort in the said field.

Article 7. Government organs and people's committees of provinces and cities under central authority shall have the responsibility of making available to the Chamber of Commerce and Industry of Vietnam all statutory documents and other necessary information for the proper discharge of its functions and tasks.
The President of the Chamber of Commerce and Industry of Vietnam shall be responsible for reporting to the Prime Minister, once every six months, on the development situation of the business community and on the activity of the Chamber, and sending a report on the existing state of business enterprises to the Government organs and people's committees concerned.

Article 8. The Chamber of Commerce and Industry of Vietnam shall be authorised to set up branches or representative offices in the country and abroad, and to establish and develop relations with non-governmental organisations, associations and other institutions of foreign countries and international organisations, in conformity with its stated objective.

Article 9. The Chamber of Commerce and Industry of Vietnam shall have an allocation for attendance of qualified members of its personnel in Government training programmes and may be assigned by the Government the task of conducting, jointly with interested domestic and international organisations, certain projects and progarammes of training business executives and professionals for the promotion of trade and investment.

Article 10. The President of the Chamber of Commerce and Industry of Vietnam shall have the authority of appointing members of the working personnel of the Chamber for work and study abroad, and of inviting foreign businessmen, investors and researchers for work in Vietnam in accordance with Government regulations currently in force.

Article 11. The Chamber of Commerce and Industry of Vietnam shall enjoy financial autonomy and shall discharge its financial obligations to the State under the provisions applicable to non- profit associations. Pending the issuance of Government regulation to this effect, the Ministry of Finance shall provide for an interim budgetary collection appropriate to the nature of operation of the Chamber, after consulation and agreement with the latter.
Where necessary, the Government shall assist in allocation of funds and other assistance for the Chamber of Commerce and Industry of Vietnam to carry out the strengthening of its infrastructural facilities and the development of activities for trade and investment promotion.

Article 12. The present Decision shall enter into force from the date of signing. The President of the Chamber of Commerce and Industry of Vietnam, jointly with the Ministers, Heads of ministry- level organs and organs under the Government, and Chairman of People's Committees of provinces and cities under central authority shall be responsible for the implementation of this Decision.

FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER

PHAN VAN KHAI
(Signed)

STATUTES OF THE VIETNAM INTERNATIONAL
ARBITRATION CENTRE

(Issued in conjuction with Decision No. 204/TTG dated 28 April, 1993, of the Prime Minister of the Government)

Article 1. The Vietnam International Arbitration Centre is a non-governmental institution established at the Chamber of Commerce and Industry of Vietnam.

Article 2. The Vietnam International Arbitration Centre shall have power of jurisdiction over disputes arising from international economic relations, such as foreign trade contracts and contracts in matters of investment, tourism, international transport and insurance, technology transfer, international credit and payment, etc.

Article 3. The Vietnam International Arbitration Centre shall exercise jurisdiction over any dispute:

1. Where one of the parties to the dispute is a foreign physical or juridical person or otherwise all the disputing parties are foreign physical or juridical persons, and
   
2. Where, before the dispute arises or after it has arisen, the parties agree to refer the matter to the Vietnam International Arbitration Centre or where, by virtue of an international treaty, they are bound to do so.

Article 4. The Vietnam International Arbitration Centre shall consist of arbitrators who shall be persons with required knowledge and experience in the fields of law, foreign trade , investment, finance, banking , insurance, etc. , selected by the Standing Committee of the Chamber of Commerce and Industry of Vietnam.
Foreign experts may be invited to act as arbitrators of the Vietnam International Arbitration Centre.
The term of office of the arbitrators shall be four years, after which they may be reselected.

Article 5. The Vietnam International Arbitration Centre shall have a President and two Vice- Presidents to be elected by the arbitrators for a four-year term of office.
The President of the Vietnam International Arbitration Centre shall appoint the Registrar of the Centre.

Article 6. When a dispute is referred to the Vietnam International Arbitration Centre, each of the disputing parties shall have the right to choose, or request the President of the Centre to choose on his behalf, an arbitrator from among the listed arbitrators of the Vietnam International Arbitration Centre. The two arbitrators thus chosen shall then choose a third arbitrator from among the listed arbitrators of the Centre. The three chosen arbitrators shall constitute the arbitral tribunal responsible for resolving the dispute. The third arbitrator shall be the chairman of the arbitral tribunal.
If the two arbitrators chosen by the parties fail to agree on the choice on the third arbitrator, the President of the Vietnam International Arbitration Centre shall appoint the third arbitrator from among the listed arbitrators of the Centre.

Article 7. The parties may by mutual consent, choose a single arbitrator, or request the President of the Vietnam International Arbitration Centre to choose a single arbitrator, from among the listed arbitrators of the Centre. In such cases, the sole arbitrator thus chosen shall exercise his function as an arbitral tribunal.

Article 8. The award rendered by the arbitral tribunal shall be final, and as such, can not be appealed before any other court of law or institution.

Article 9. The arbitrators shall discharge their responsibilities in an independent, impartial and objective maner in the entire process of handling the dispute.

Article 10. In resolving the dispute, the Vietnam International Arbitration Centre shall be entitled to collect a fee called the arbitration fee. The arbitration fee shall be determined by the Executive Committee of the Chamber of Commerce and Industry of Vietnam in consideration of the prevailing practice in international arbitration institutions of other countries.

Article 11. The Executive Committee of the Chamber of Commerce and Industry of Vietnam shall formulate the Rules of Arbitration of the Vietnam International Arbitration Centre.

REGULATION ON THE OPERATION OF THE GENERAL AVERAGE
ADJUSTMENT COMMITTEE AT THE CHAMBER OF COMMERCE AND
INDUSTRY OF VIETNAM

(Issued in conjunction with Decision No. 57/PTM-PC dated 20 August. 1993 of the President of the Chamber of Commerce and Industry of Vietnam)

Article 1. The General Average Adjustment Committee established at the Chamber of Commerce and Industry of Vietnam is a non-governmental professional institution the purpose of which is to settle matters involving the determination of the nature of a loss, the extent of general average and the adjustment of general average among the ship owner, the cargo owner and the freight owner, at the request of the parties concerned.

Article 2. The General Average Adjustment Committee shall consist of listed general average adjustors chosen from among specialists with wide knowledge and experience in the field of shipping and international trade.

Article 3. The Head of the General Average Adjustment Committee shall be appointed by the Standing Committee of the Chamber of Commerce and Industry of Vietnam, who shall be responsible for organizing the operations of the institution, both internal and external.

Article 4. All secretarial work of the General Average Adjustment Committee, including archive, communication of decisions on average adjustment to the parties concerned an accounting of receipts of regular fees and express connected with the process of average adjustment, ect., shall be undertaken by a secretarial section consisting of member of the official staff of the Chamber of Commerce and Industry of Vietnam.

Article 5. The adjustment in each general average case shall be in the charge of an adjustment section, which shall consist of one or more adjustors, to be set up by decision of the Head of the General Average Adjustment Committee. The adjustor (s) appointed to each general average case shall be chosen from among experts in the particular field by agreement between the General Average Adjustment Committee and the said adjustor (s).

Article 6. The general average adjustor shall exercise their function in accordance with the relevant provisions of Vietnamese law and standard international practice.
If and when necessary, the adjustment section may ask for an expert control. The section shall, however, have the right to accept or rejects the conclusion made by the control experts.

Article 7. Any decision on general average adjustment shall bear the signature of the adjustor (s) of the adjustment section, with the confirmation by the Head of the General Average Committee and under the seal of the Chamber of Commerce and Industry of Vietnam.

Article 8. The General Average Adjustment Committee shall be authorized to collect fees for any adjustment. The scheduled fees shall be fixed by Executive Committee of the Chamber of Commerce and Industry of Vietnam in consideration of the standard international practice. The fees to be paid shall be distributed among the parties concerned, proportionally to the loss incurred by each party.

Article 9. The among of remuneration to be paid to the adjustors, experts, interpreters and other persons invited to take part in the general average adjustment shall be prescribed by the Standing Committee of the Chamber of Commerce and Industry of Vietnam.

Article 10. The General Average Adjustment Committee shall operator under the general direction of the Chamber of Commerce and Industry of Vietnam.
See index

  CHAMBER OF COMMERCE         SOCIALIST REPUBLIC OF VIETNAM
AND INDUSTRY OF VIETNAM      Independence-Freedom-Happiness

                                    Hanoi, 3rd August, 1993

STATUTE OF ORGANIZATION AND ACTIVITY OF THE ADVISORY BOARD AT THE CHAMBER OF COMMERCE AND INDUSTRY OF VIETNAM

Article 1. The Advisory Board at the Chamber of Commerce and Industry of Vietnam is a Consultancy institution of economic experts who willingly accept the invitation of the President of the Chamber of Commerce and Industry of Vietnam to join it as consultants of the Chamber.

Article 2. The Advisory Board shall exercise the function of advising the Chamber of Commerce and Industry of Vietnam on matters in specific areas stated in Article 5 and Article 6 of the Statutes of the Chamber of Commerce and Industry of Vietnam as approved by the Government Prime Minister under Decision No.203-TTG dated 27th April, 1993.

Article 3. Each member of the Advisory Board may, after study of relevant statutory documents and others on official economic policy and on the actual situation of production and business operations of the enterprises, put forth recommendation appropriate to the function and tasks of the Chamber of Commerce and Industry of Vietnam, either on their own or at the request of the President of the Chamber.

Article 4. The President of the Chamber of Commerce and Industry of Vietnam shall, ex- officio, assume the conduct and direction of the work of the Advisory Board. Assisting in the work of the Advisory Board shall be a permanent secretary, who is a senior expert of the Chamber of Commerce and Industry of Vietnam. The permanent secretary of the Advisory council shall be responsible for co-ordinating the work of members of the Board; preparing the program of its activity; and regular summing up the recommendations of members of the Board for report to the President of the Chamber of Commerce and Industry of Vietnam.

Article 5. Member of the Advisory Board shall act in their personal capacity as consultants for the Chamber of Commerce and Industry of Vietnam. Any recommendation(s) of each member shall be made in writing and addressed to the President of the Chamber of Commerce and Industry of Vietnam. Recommendation of members of the Board shall not be subject to mutual discussion and unanimity within the Board. Where necessary, the President of the Chamber of Commerce and Industry of Vietnam may raise certain recommendations for discussion among all members of the Advisory Board. Failing unanimity, reservation shall be made of the differing ideas, which may, there - after, be reflected by the President of the Chamber of Commerce and Industry of Vietnam to the organ concerned for consultation. Each member of the Advisory Board may move to the President of the Chamber of Commerce and Industry of Vietnam any matter(s) to be mutually discussed with the Board.

Article 6. Depending on actual need, the President of the Chamber of Commerce and Industry of Vietnam may invite all or Certain members of the Advisory Board either to a General meeting or to a particular regional meeting. According to the agenda of each meeting, the President of the Chamber of Commerce and Industry of Vietnam may invite all or certain members of the Advisory Board to take part in meetings of the Executive Committee or of the Standing Committee of the Chamber.

Article 7. The term of office of the Advisory Board shall be two years. In the event any member of the Board expressly wishes to be relieved of office, the President of the Chamber of Commerce and Industry of Vietnam shall consider the request and, if accepted, shall invite another expert for replacement.

Article 8. All members of the Advisory Board shall have access to documents, publications and information available from the Chamber of Commerce and Industry of Vietnam. They shall be invited, where necessary, to personally contact domestic and foreign business enterprises, and shall enjoy the assistance of professional departments of the Chamber of Commerce and Industry of Vietnam, which shall create favorable conditions, including the supply of necessary information, for the efficient discharge of their responsibilities. Each member of the Advisory Board shall be entitled to a fixed monthly remuneration. However, depending on their respective intellectual and extra contributions to the work of the Advisory Board, members shall receive additional remuneration.

Article 9. The present Statute has been unanimously agreed upon by the Advisory Board and shall become effective as from the date of signing by the President of the Chamber of Commerce and Industry of Vietnam.

CHAMBER OF COMMERCE
AND INDUSTRY OF VIETNAM
      President

   DOAN DUY THANH
     (signed)

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