Amendment to the Regulation on Determining the Conditions for Appointing Mediators in Court for Experts, Professionals, and Individuals with Knowledge of Customs and Traditions
Guidance on Determining Conditions for Appointing Mediators Regarding Experts, Professionals, and Those Knowledgeable about Customs and Traditions
Pursuant to Article 10 of the Law on Mediation and Dialogue at Court 2020, the conditions for appointing Mediators are specified as follows:
Conditions for Appointing Mediators
1. Vietnamese citizens residing in Vietnam, loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, with full civil act capacity, possessing good moral qualities, exemplary in adhering to the laws, and meeting the following conditions may be appointed as Mediators:
a) Have been Judges, Court Examiners, Court Clerks, Procurators, Inspectorate Officers of the Prosecution Institute, Civil Execution Officers, Inspectors; lawyers, experts, other professionals with at least 10 years of experience in their fields; individuals knowledgeable about customs and traditions, holding prestige within the community;
b) Have experience and skills in mediation and dialogue;
c) Have good health ensuring the fulfillment of assigned tasks;
d) Possess a certificate of training in mediation and dialogue issued by educational institutions of the Supreme People's Court, except for those already Judges, Court Examiners of the principal examiner rank, senior examiners, Court Clerks of the principal clerk rank, senior clerks, Procurators, Civil Execution Officers, Inspectors.
2. Individuals falling under any of the following categories are not eligible for appointment as Mediators:
a) Do not meet the conditions specified in Clause 1 of this Article;
b) Serving as officials and public employees; officers, non-commissioned officers of the People's Army, professional soldiers, defense employees, public employees; officers, non-commissioned officers of the People's Police, police employees.
3. The Chief Justice of the Supreme People's Court shall provide detailed regulations on this Article.
Specifically, as per Article 3 of Circular 01/2023/TT-TANDTC, experts and other professionals are individuals trained deeply, possessing practical skills, and having in-depth theoretical and practical experience in a specific field.
Example: Psychology experts, financial experts, intellectual property experts...
Article 4 of Circular 01/2023/TT-TANDTC defines those knowledgeable about customs and traditions and holding community prestige as individuals knowledgeable about traditional cultures, customs, practices, ethnicities; maintaining close and influential relations within clans, ethnic groups, and communities; capable of uniting and gathering people within certain areas, trusted, believed, and heeded by the community.
Example: village elders, village heads, ... in mountainous areas, remote regions, and ethnic minority areas who hold prestige and are knowledgeable about customs and traditions within the community.
Supplementary regulations on determining conditions for appointing Mediators at Court for experts, professionals, and those knowledgeable about customs and traditions?
What Does the Mediator Appointment Application at Court Include?
As per Clause 2 of Article 11 of the Law on Mediation and Dialogue at Court 2020, the application for appointing Mediators includes:
- Appointment application;
- Resume and Judicial record;
- Health certificate issued by a competent medical authority;
- Documents proving eligibility as per Point a Clause 1 Article 10 of the Law on Mediation and Dialogue at Court 2020;
- Certificate of training in mediation and dialogue as specified in Point d Clause 1 Article 10 of the Law on Mediation and Dialogue at Court 2020.
What is the Process of Appointing Mediators at Court?
Pursuant to Article 6 of Circular 04/2020/TT-TANDTC, the process is as follows:
Step 1: Announcing the Need for Mediator Selection
Based on the approved need and staffing for the number of Mediators, the district-level People's Courts and provincial-level People's Courts announce the selection of Mediators, publicly posting on local mass media outlets and at the offices of the People's Courts where there is a need for 15 working days from the date of announcement and posting.
Step 2: Receiving Applications for Mediator Appointment
- Those meeting the requirements as per the Mediator selection announcement submit their application for Mediator appointment at the court where they wish to serve as Mediators.
- The receiving court checks and accepts fully documented applications as per regulations.
- Within 5 working days from the end of the application receipt period, the receiving court must classify applications. For cases requiring a mediation and dialogue training certificate, a list must be made to send those for training to the provincial-level People's Court for summarization and report to the Supreme People's Court.
- The Organization and Personnel Department of the Supreme People's Court summarizes the list sent by provincial-level People's Courts and drafts a document to send to the Court Academy for organizing training and issuing certificates as per regulations.
- After the individuals designated for training have been issued certificates, the receiving court selects eligible individuals and drafts a document proposing the Chief Justice of the provincial-level People's Court to consider and appoint (through the advisory body on court organization and personnel at the provincial level).
Step 3: Selecting Mediators
- Within 7 working days from the receipt of a complete application for Mediator appointment, the advisory body on court organization and personnel at the provincial level reports to the Advisory Council to review and select Mediators.
- Within 3 working days from the date the advisory body on court organization and personnel at the provincial level issues the document, the Advisory Council holds a meeting to review, reach consensus, and pass a resolution selecting eligible individuals as Mediators.
Step 4: Decision on Appointing Mediators
- Based on the Advisory Council's resolution, the advisory body on court organization and personnel at the provincial level submits to the Chief Justice of the provincial-level People's Court to decide on Mediator appointment.
- Within 5 working days, the Chief Justice of the provincial-level People's Court reviews and decides on Mediator appointment. In case of refusal to appoint, the Chief Justice of the provincial-level People's Court must notify in writing, clearly stating the reasons.
Step 5: Public Announcement of Mediator List
Within 5 working days from the date of the appointment decision, the Chief Justice of the provincial-level People's Court announces the list of Mediators on the provincial-level court's website and posts it at the court office where the Mediators work; concurrently, sends it to the Supreme People's Court (via the Organization and Personnel Department) for management and announces it on the Supreme People's Court's Portal as per regulations.
Circular 01/2023/TT-TANDTC is effective from April 25, 2023.
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