Vietnam: When must the mediator at the Court be re-appointed? What is the process for re-appointing a mediator at the Court?
When must the mediator at Court be re-appointed?
Pursuant to Article 12 of the 2020 Law on Mediation or Dialogue at Court in Vietnam stipulating as follows:
Re-appointment of mediators in Vietnam
1. A mediator, upon the end of his/her term of office is considered for reappointment, except for the following cases:
a) He/she is no longer fit to work;
b) He has not completed the task;
c) He/she belongs to the list of 10% of mediators, in their workplace, who have the poorest performance to be substituted.
Thus, the mediator at Court is re-appointed when:
- He/she is no longer fit to work;
- He has not completed the task;
- He/she belongs to the list of 10% of mediators, in their workplace, who have the poorest performance to be substituted.
Vietnam: When must the mediator at the Court be re-appointed? What is the process for re-appointing a mediator at the Court?
What is the process for re-appointing a mediator at the Court?
Pursuant to Article 8 of Circular 04/2020/TT-TANDTC stipulating the process of re-appointing mediators at Court as follows:
- At least 02 months before the expiration of the term of office, the mediator who wishes to continue working as a mediator shall submit the application for re-appointment at the court where the mediator works.
- Based on actual needs, on the basis of the results of the mediator's performance of tasks, the court where the mediator works shall send a written request to the chief justice of the provincial people's court to consider re-appointment as prescribed.
- The process of re-appointing a mediator is carried out as specified in Clause 3, Article 6 of Circular 04/2020/TT-TANDTC, Clause 4, Article 6 of Circular 04/2020/TT-TANDTC and Clause 5, Article 6 of Circular 04/2020/TT-TANDTC, specifically:
Step 1: Counseling on selection of Mediators
Within 07 working days from the day on which the complete application for appointment of a mediator is received, the unit advising on personnel organization of the provincial People's Court shall report to the Advisory Council for consideration and selection of a mediator.
Within 03 working days from the date on which the advisory unit on organization and personnel of the provincial People's Court sends a document, the Advisory Council shall hold a meeting to consider, agree and issue a resolution to select a person who is qualified to act as a Mediator.
Step 2: Make a decision to appoint a Mediator
Pursuant to the Resolution of the Advisory Council, the unit advising on personnel organization of the provincial People's Court shall submit to the Chief Justice of the provincial People's Court for decision to appoint a mediator.
Within 05 working days, the Chief Justice of the People's Court of the province shall consider and decide to appoint a mediator.
In case of refusal to appoint, the Chief Justice of the provincial-level People's Court must notify in writing and clearly state the reasons therefor.
Step 3: Public announcement of the list of Mediators
Within 05 working days from the date of issuance of the appointment decision, the Chief Justice of the provincial People's Court shall publish the list of mediators on the website of the provincial People's Court and post it at the head office. The Court where the Mediator works;
At the same time, send it to the Supreme People's Court (through the Organization and Personnel Department) for management and publication on the Website of the Supreme People's Court as prescribed.
- The decision to re-appoint the Mediator must be issued at least 01 working day before the end of his term as the Mediator. In case the conditions for re-appointment are not satisfied, the Chief Justice of the provincial-level People's Court must notify in writing and clearly state the reasons therefor.
What are the procedures and dossiers of request for re-appointment of mediators at Court?
Pursuant to Article 9 of Circular 04/2020/TT-TANDTC stipulating the procedures and dossiers of request for re-appointment of mediators at the Court as follows:
- Procedures for requesting re-appointment of mediators include the following documents:
+ Proposal for re-appointment of Mediator
+ List of mediators proposed for re-appointment
+ Meeting minutes and resolutions of the Advisory Council
+ Evaluate comments of the Court where the mediator works on the process of performing tasks
+ Personal profile of the person proposed for re-appointment of the Mediator
- Personal profile of the person proposed to re-appoint the Mediator
+ Application for re-appointment
+ Certificate of strength
+ Report on the performance of tasks during the term of the Mediator
In which case is it not allowed to appoint a mediator at the Court?
Pursuant to Clause 2, Article 10 of the 2020 Law on Mediation or Dialogue at Court in Vietnam stipulating as follows:
Requirements for appointment of mediators in Vietnam
...
2. A person who falls into one of the following cases may not be appointed as a mediator:
a) Failing to meet the requirements specified in Clause 1 of this Article;
b) Having been an official or public employee; commissioned officer or non-commissioned officer of the People's Army, professional solider, worker and defense officer; People's Public Security commissioned officer or non-commissioned officer, or police worker.
Thus, those who are not appointed as Mediators in one of the following cases:
- Failing to meet the requirements specified in Clause 1, Article 10 of the 2020 Law on Mediation or Dialogue at Court in Vietnam.
- Having been an official or public employee;
- Having been a commissioned officer or non-commissioned officer of the People's Army, professional solider, worker and defense officer;
- Having been a People's Public Security commissioned officer or non-commissioned officer, or police worker.
Nguyễn Thị Hồng Nhung
