Vietnam: If a mediator at court is imposed a discharge on working as a mediator, will his/her mediator card be revoked?
- In what cases is the mediator at the Court imposed a discharge on working as a mediator in Vietnam?
- If a mediator at court is imposed a discharge on working as a mediator, will his/her mediator card be revoked?
- What are the procedures for imposing a discharge on being a mediator at the Court?
- What documents are included in the procedures for imposing a discharge on being a mediator at the Court?
- Who has the authority to stop being a mediator at the Court?
In what cases is the mediator at the Court imposed a discharge on working as a mediator in Vietnam?
Pursuant to Clause 1, Article 20 of Circular 04/2020/TT-TANDTC and Clause 2, Article 20 of Circular 04/2020/TT-TANDTC stipulating as follows:
Handling violations
1. The mediator is responsible before law for the performance of his/her duties; if there is a violation of the law, depending on the nature and seriousness of the violation and consequences, he/she shall be imposed a discharge on working as a mediator in accordance with the law and regulations of the People's Court. If a mediator is examined for penal liability, he/she will automatically be imposed a discharge on working as a mediator.
2. A mediator shall be imposed a discharge on working as a mediator in one of the following cases:
a) Violating laws directly related to the performance of the task of conciliation and dialogue at the Court;
b) Violation of quality, ethics, no longer prestige to perform tasks.
Thus, a mediator at the Court shall be imposed a discharge on working as a mediator in one of the following cases:
- Violations of the law directly related to the performance of the task of conciliation and dialogue at the Court, depending on the nature and seriousness of the violation and consequences, may be imposed a discharge on working as a mediator.
- Violation of quality, ethics, no longer prestige to perform tasks.
- The mediator is prosecuted for criminal liability
Vietnam: If a mediator at court is imposed a discharge on working as a mediator, will his/her mediator card be revoked?
If a mediator at court is imposed a discharge on working as a mediator, will his/her mediator card be revoked?
Pursuant to Clause 3, Article 14 of Circular 04/2020/TT-TANDTC stipulating as follows:
Issuance, renewal and revocation of Mediator Card in Vietnam
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3. Cases of Revocation of Mediator Card in Vietnam
a) The re-appointed mediator must return the old card to issue a new card.
b) The mediator has been relieved of duty or ceased to be the mediator.
c) The mediator is imposed a discharge on working as a mediator.
According to the above provisions, the mediator who is imposed a discharge on working as a mediator will have his mediator card revoked.
What are the procedures for imposing a discharge on being a mediator at the Court?
Pursuant to Clause 3, Article 20 of Circular 04/2020/TT-TANDTC stipulating the process for imposing a discharge on being a mediator at the Court as follows:
- Within 05 working days from the date of receipt of the dossier, the unit advising on personnel organization of the provincial People's Court shall report to the Advisory Council for consideration of dismissal from being a mediator.
- Within 03 working days from the date on which the advisory unit on organization and personnel of the provincial-level People's Court issues a document, the Advisory Council shall hold a meeting to consider and issue a resolution to dismiss as a mediator.
- Within 05 working days from the date of submission by the consulting unit on organization and personnel of the provincial People's Court, the Chief Justice of the provincial People's Court shall consider and decide on forced termination of his position as a mediator.
- Within 03 working days from the date on which the Chief Justice of the People's Court of the province decides to stop working as a mediator, the unit advising on personnel organization of the provincial People's Court shall send the decision to the mediator. and the Court where they work, publicly announce it on the website of the provincial People's Court and post it at the headquarters of the Court where they work; delete the name from the list of mediators according to regulations.
- At the same time, send it to the Supreme People's Court (via the Department of Organization and Personnel) to report and publish on the Portal according to regulations.
What documents are included in the procedures for imposing a discharge on being a mediator at the Court?
Pursuant to Clause 4, Article 20 of Circular 04/2020/TT-TANDTC stipulating the procedures for imposing a discharge on working as a mediator at the Court include:
- Proposal to stop working as a Mediator
- Meeting minutes and resolutions of the Advisory Council
- A written request for dismissal from being a mediator of the court where the mediator works
- Documents proving if the drug case:
+ Violations of laws directly related to the performance of the task of conciliation and dialogue at the Court;
+ Violation of quality, ethics, no longer prestige to perform tasks.
Who has the authority to stop being a mediator at the Court?
Pursuant to Clause 3, Article 15 of the 2020 Law on Mediation or Dialogue at Court stipulating as follows:
Commendation and handling of violations committed by mediators
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3. The chief justice of the People’s Court of province who has appointed a mediator is competent to impose a discharge on that mediator if he/she violates this Law.
Thus, the Chief Justice of the People's Court of the province who has appointed a mediator is competent to impose a discharge on that mediator.
Nguyễn Thị Hồng Nhung
