Vietnam: What documents are included in the procedures and dossiers of request for appointment of mediators at Court? What are the rights and obligations of mediators at Court?
What are the procedures and documents for requesting the appointment of a mediator at the Court?
Pursuant to Article 7 of Circular 04/2020/TT-TANDTC stipulating the procedures and dossiers of request for appointment of mediators at the Court as follows:
Procedures for requesting appointment of a Mediator include the following documents:
+ Proposal to appoint a Mediator
+ List of Mediators proposed for appointment
+ Meeting minutes and resolutions of the Advisory Council
+ Personal profile of the person proposed to appoint the Mediator
- Personal profile of the person proposed to be appointed
+ Appointment application form
+ Brief curriculum vitae
+ Judicial record card (issued within 06 months from the date of submission of application for appointment);
+ Health certificate (issued by a competent health agency, valid for 06 months);
Papers proving that all conditions are met as prescribed at Point a, Clause 1, Article 10 of the Law on Conciliation and Dialogue at Courts in 2020, including one of the following papers:
++ Appointment decision or certification by a competent authority about being a judge, court examiner, court clerk, procurator, inspector of the procuracy, or a judgment enforcement enforcer civil, Inspector;
++ Certification by a competent authority that he or she has been or is a lawyer, expert or other professional with at least 10 years of experience in the field of work;
++ Certification of the People's Committee of the commune, ward or township that they have knowledge about customs and habits and are reputable in the residential community.
++ Certificate of professional training in conciliation and dialogue, issued by a training institution of the Supreme People's Court, except for those who are already judges, principal examiners, senior verifiers, principal secretaries, Senior secretaries, procurators, civil judgment enforcement enforcers, inspectors.
Vietnam: What documents are included in the procedures and dossiers of request for appointment of mediators at Court? What are the rights and obligations of mediators at Court?
What are the rights and obligations of mediators in Vietnam?
Pursuant to Clause 1, Article 14 of the 2020 Law on Mediation or Dialogue at Court in Vietnam on the rights of mediators in Vietnam as follows:
- Conduct mediation for civil cases, dialogue for administrative lawsuits in accordance with this Law;
- Request the parties to provide information, documents and evidence related to the content of the dispute and lawsuit; other relevant information and documents necessary for mediation or dialogue;
- Examine the current conditions of assets related to the dispute or lawsuit before making a record on the outcome of the mediation or dialogue at the request of either party;
- Invite prestigious persons to participate in mediation or dialogue; consult with entities with expertise in the field related to the dispute or lawsuit;
- Take no legal responsibility for the accuracy of information, documents and evidence provided by the parties;
- Refuse to provide information, documents and evidence related to the civil case or administrative lawsuit, unless the parties so agree in writing or as prescribed by law;
- Refuse to make a record on the outcome of mediation or dialogue if there are sufficient grounds to determine that such agreement or agreement violates the prohibition of the law, is contrary to social ethics or is intended to evade obligations to the State or other entities;
- Be provided with training in professional practices, mediation or dialogue skills;
- Be granted a mediator card;
- Receive remuneration as prescribed by the Government;
- Be given commendation as per the law.
Pursuant to Clause 2, Article 14 of the 2020 Law on Mediation or Dialogue at Court in Vietnam, the obligations of mediators at Court are as follows:
- Conduct mediation or dialogue according to the procedures specified in this Law;
- Comply with laws, keep independent, impartial and objective;
- Ensure confidentiality of information as prescribed by this Law;
- Refrain from forcing the parties to mediate or engage in dialogue against their will;
- Refrain from receiving money, benefits from the parties;
- Refuse to conduct mediation or dialogue if falling into one of the cases prescribed at Points a, b and d, Clause 1, Article 18 of the 2020 Law on Mediation or Dialogue at Court in Vietnam;
- Respect the agreement of the parties, if the content of such agreement does not violate the prohibition of the law, is not contrary to social ethics, is not intended to evade obligations to the State or other entities;
- Refuse to participate in proceedings as a presiding authority or officer in a case that he/she has conducted an unsuccessful mediation or dialogue and the case has been referred to the court for litigation settlement, unless otherwise provided for by law.
Who is the Advisory Council for selecting a Mediator in Vietnam?
Pursuant to Clause 1, Article 4 of Circular 04/2020/TT-TANDTC stipulating that the members of the advisory council to select a mediator in Vietnam include:
- The Advisory Council to select a Mediator (hereinafter referred to as the Advisory Council for short) has at least 03 people; The list of members of the Advisory Council shall be decided by the Chief Justice of the People's Court of the province, including:
+ The leading representative of the provincial People's Court is the Chairman of the Council.
+ Members:
++ Head of unit advising on personnel organization of the provincial People's Court;
++ 01 member of the Judicial Committee of the Provincial People's Court;
++ The chief justice of the district-level People's Court (where a person is proposed to be selected or appointed as a mediator);
++ Representative of leaders of agencies and organizations related to the person proposed to be appointed as Mediator (if any).
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