What are the procedures for electing mediators in grassroots mediation in Vietnam? What are the obligations of mediators in grassroots mediation?
When is a person recognized as a mediator in grassroots mediation?
Pursuant to Article 8 of the 2013 Law on Grassroots Mediation in Vietnam stipulating as follows:
Electing and recognizing mediators
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3. Result of election of mediator:
a) The person who is proposed to be recognized as a mediator must obtain the consent of more than 50% of the representatives of households in the village or residential group;
b) In case the number of people reaching more than 50% of the representatives of households in the village, the residential group agrees to be more than the number of mediators decided by the chairperson of the commune-level People's Committee as prescribed in Clause 2, Article 12 of this Decree. Under this Law, the list of people proposed to be recognized as mediators is based on the voting results from high to low;
c) In case the number of elected people is not enough to form a mediation team, an additional election shall be held to make up the number of people;
d) The head of the Front's working committee shall make a list of persons proposed to be recognized as mediators and send it to the President of the commune-level People's Committee.
Accordingly, the grassroots mediator is recognized as a mediator when the mediator results:
- More than 50% of household representatives in the village or neighborhood group agree with the person proposed to be recognized as a mediator
- The number of people with more than 50% of the representatives of households in the village or neighborhood group agreeing to it is more than the number of mediators decided by the chairperson of the commune-level People's Committee according to the provisions of Clause 2, Article 12 of the 2013 Law on Grassroots Mediation in Vietnam, the list of people proposed to be recognized as mediators is based on the voting results from high to low.
After that, the President of the commune-level People's Committee shall issue a decision on recognition of the mediator. The decision on recognition of the mediator shall be sent to the Standing Board of the Vietnam Fatherland Front Committee at commune level, the head of the Front's working committee, the head of the village, the leader of the residential group, the mediator and publicly announced in the village, residential group.
What are the procedures for electing mediators in grassroots mediation in Vietnam? What are the obligations of mediators in grassroots mediation?
What are the procedures for electing mediators in grassroots mediation?
Pursuant to Article 8 of the 2013 Law on Grassroots Mediation in Vietnam, and at the same time, according to Article 12 of Joint Resolution 01/2014/NQLT/CP-UBĐTMTQVN, the procedures for electing grassroots mediators are carried out as follows:
Step 1: Prepare to elect a mediator in Vietnam:
- Within 20 days, before the expected date of election of a mediator, the head of the Front's working committee shall assume the prime responsibility for, and coordinate with the village head, population group leader, and representatives of the Front's member organizations in anticipating the person elected as a mediator;
- Agreeing on the time for electing mediators; decide on the form of electing mediators; decide on the list of Teams to elect a mediator, with the head of the Front's working committee as the group leader, the village head and the neighborhood group leader as the deputy head, a number of heads of the hamlets, villages, and residential groups' branches, groups and associations.
- The mediator election team shall make a list of those who are expected to be elected as mediators (hereinafter referred to as the list of mediators for short) after having discussed, encouraged and obtained the consent of the referrals to be elected as mediators.
In case a new mediation team is established, the list to elect a mediator must be at least equal to the number of mediators decided by the chairperson of the commune-level People's Committee, including female mediators. For regions with many ethnic minorities, the list to elect mediators must include ethnic minorities;
- The list to elect a mediator shall be publicly announced at the village or residential group within 07 days before the date of election of the mediator. If there is any feedback on the list of mediators, the head of the Front's working committee shall consider and settle it.
Step 2: Organize the election of mediators:
- The election of a mediator by public voting or secret ballot at the meeting shall be conducted when more than 50% of the representatives of households in the village or residential group attend and do the following:
+ The representative of the team that elects the mediator introduces the list of the group that elects the mediator; the mediator's standards; the list of mediators elected; agree on the form of electing mediators at the meeting.
+ In case of electing a mediator by public voting, the team to directly elect the mediator shall count the number of votes and make a record of the voting results.
+ In case of electing a mediator by secret ballot, the team to elect the mediator is responsible for distributing votes, disseminating voting regulations, collecting votes and counting votes right after the end of voting in the presence of at least 01 representative of the household without a member on the list to elect a mediator; record counting of votes.
- The election of mediators by handing out polls to households in the village or residential group shall be carried out as follows:
+ The mediator election team distributes votes to the households, collects the votes and counts the votes in the presence of at least 01 representative of the household with no member on the list to elect the mediator, record counting of votes
Step 3: Result of election of mediator:
+ If the result of election of a mediator meets the requirements for election of a mediator, the head of the Front's working committee shall make a list of persons proposed to be recognized as mediators, enclosed with the vote counting minutes or minutes of voting results to elect a mediator to be sent to the Chairman of the commune-level People's Committee.
+ Within 05 working days from the date of receipt of the list of persons proposed for recognition of mediators, the chairperson of the commune-level People's Committee shall consider and decide;
+ The re-election of the mediator is carried out in case the election result does not have any person with more than 50% of the household representatives in the village or neighborhood group agreeing. The additional election of mediators shall be carried out in case the election results are insufficient for the number of mediators to establish a mediation group under the decision of the chairperson of the commune-level People's Committee.
+ In case of electing a mediator by public voting or secret ballot at the meeting of representatives of households in the village or residential group, the re-election or additional election of the mediator shall be carried out right at that meeting.
+ In case of electing a mediator by distributing polls to households, the time for re-election or additional election of mediators shall be decided by the head of the Front's working committee within 30 days from the date of the previous election.
+ The team that elects the mediator will propose a new list to re-elect and additionally elect the mediator;
- In case the number of people proposed for recognition as mediators is taken according to the voting results from high to low, which is more than the number of mediators decided by the chairperson of the commune-level People's Committee, the head of the Front's working committee shall establish a the list of persons proposed for recognition, which includes those with equal votes, shall be sent to the President of the commune-level People's Committee for consideration and decision;
- In case a mediation group has been established with a sufficient number of mediators under the decision of the President of the commune-level People's Committee, but there is no female mediator or the mediator is an ethnic minority, the head of the The Front shall make a written report to the Chairman of the commune-level People's Committee.
Within 05 working days from the date of receipt of the report of the head of the Front's working committee, the chairperson of the commune-level People's Committee shall consider and decide on the additional election of a female mediator or a mediator who is an ethnic minority;
- If the re-election or additional election of a mediator fails, the head of the Front's working committee shall make a written report to the Chairman of the commune-level People's Committee. Within 05 working days from the date of receiving the report of the Head of the Front's Working Committee, based on practical requirements, the Chairman of the commune-level People's Committee shall consider and decide on the number and composition of the mediator team.
What are the obligations of the grassroots mediator in Vietnam?
Pursuant to Article 10 of the 2013 Law on Grassroots Mediation in Vietnam, the obligations of grassroots mediators in Vietnam are as follows:
- Conduct mediation when there are grounds as prescribed in Article 16 of the 2013 Law on Grassroots Mediation in Vietnam.
- Comply with the principles specified in Article 4 of the 2013 Law on Grassroots Mediation in Vietnam.
- Refuse to conduct mediation if they themselves have interests and obligations related to the case, the mediation or for other reasons that lead to the inability to ensure objectivity and fairness in the mediation.
- Timely notify the leader of the mediation group to report to the Chairman of the commune-level People's Committee to take preventive measures in case of serious conflicts or disputes that may lead to violent acts affecting health and lives of the parties or cause public disorder.
- Timely notify the leader of the mediation group to report to the competent handling agency in case of detecting conflicts or disputes showing signs of violation of the law on handling of administrative violations or the criminal law.
Nguyễn Thị Hồng Nhung
