What is the registration application for commercial mediators? What are the principles of dispute resolution through commercial mediation in Vietnam?
What is commercial mediation in Vietnam?
Pursuant to Clause 1, Article 3 of Decree 22/2017/ND-CP, Commercial mediation means a method of resolving commercial disputes agreed upon by involved parties with the assistance of a commercial mediator acting as an intermediary in accordance with this Decree.
What is the registration application for commercial mediators? What are the principles of dispute resolution through commercial mediation in Vietnam?
What is the registration application for ad hoc commercial mediators in Vietnam?
Documents in the application for registration of a commercial mediator are specified in Article 8 of Decree 22/2017/ND-CP as follows:
Registration of ad hoc commercial mediators
1. A person who fully satisfies the criteria for a commercial mediator specified in Clause 1, Article 7 of this Decree and wishes to become an ad hoc commercial mediator shall register with the provincial-level Department of Justice of the locality where he/she permanently resides. A foreigner shall register with the provincial-level Department of Justice of the locality where he/she temporarily resides.
2. A requester for registration to be an ad hoc commercial mediator shall send 1 set of dossier to the provincial-level Department of Justice, comprising:
a/ A written request for registration to be an ad hoc commercial mediator, made according to a form issued by the Ministry of Justice;
b/ A certified copy, or a copy enclosed with the original for comparison, of his/her university or higher degree;
c/ Papers proving his/her working experience of at least 2 years in the discipline he/she has studied, certified by his/her employer.
Papers issued by foreign agencies or organizations or notarized or certified in foreign countries must be consularly legalized in accordance with Vietnamese law, unless they are exempted from consular legalization under a treaty to which the Socialist Republic of Vietnam is a contracting party.
3. Within 7 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall add the name of the registration requester in the list of ad hoc commercial mediators and post the list on its e-portal; in case of refusal, it shall notify the reason in writing. The person whose request is rejected may lodge a complaint or initiate a lawsuit in accordance with law.
4. A person who no longer acts as an ad hoc commercial mediator shall send a written notice thereof to the provincial-level Department of Justice of the locality where he/she has registered to act as an ad hoc commercial mediator, which shall remove his/her name from the list of ad hoc commercial mediators.
5. An organization or individual that detects an ad hoc commercial mediator who no longer satisfies the criteria specified in Clause 1, Article 7 of this Decree or violates Article 10 of this Decree shall notify such to the provincial-level Department of Justice of the locality where he/she has registered, which shall consider and remove his/her name from the list of ad hoc commercial mediators.
Thus, a requester for registration to be an ad hoc commercial mediator shall send 1 set of dossier to the provincial-level Department of Justice, comprising:
- A written request for registration to be an ad hoc commercial mediator, made according to a form issued by the Ministry of Justice;
- A certified copy, or a copy enclosed with the original for comparison, of his/her university or higher degree;
- Papers proving his/her working experience of at least 2 years in the discipline he/she has studied, certified by his/her employer.
Papers issued by foreign agencies or organizations or notarized or certified in foreign countries must be consularly legalized in accordance with Vietnamese law, unless they are exempted from consular legalization under a treaty to which the Socialist Republic of Vietnam is a contracting party.
What are the principles of dispute resolution through commercial mediation in Vietnam?
According to the provisions of Article 4 of Decree 22/2017/ND-CP, the content is as follows:
Principles of dispute resolution through commercial mediation
1. Disputing parties shall participate in mediation on an entirely voluntary basis and are equal in terms of rights and obligations.
2. Information relating to a mediation case shall be kept confidential, unless otherwise agreed upon in writing by involved parties or otherwise prescribed by law.
3. Mediation agreement contents must neither violate prohibitory provisions of law nor contravene social morality, nor aim at shirking obligations nor infringe upon rights of a third party.
Accordingly, dispute resolution through commercial mediation is carried out according to the principles specified in Article 4 above.
There is a principle that information relating to a mediation case shall be kept confidential, unless otherwise agreed upon in writing by involved parties or otherwise prescribed by law.
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