Vietnam: When will the grassroots mediator be dismissed from being a mediator? Procedures for dismissal from being a grassroots mediator?
What are the criteria for becoming a grassroots mediator? Procedures for electing a grassroots mediator in Vietnam?
Pursuant to Article 7 of the 2013 Law on Grassroots Mediation in Vietnam, the criteria for becoming a grassroots mediator are as follows:
- Vietnamese citizens permanently residing at the establishment, voluntarily participating in mediation activities and having the following criteria:
+ Have good moral qualities;
+ Prestigious in the residential community;
+ Capable of persuading and mobilizing people;
+ Knowledge of the law.
Vietnam: When will the grassroots mediator be dismissed from being a mediator? Procedures for dismissal from being a grassroots mediator?
When will the grassroots mediator be dismissed from being a mediator?
Pursuant to Article 11 of the 2013 Law on Grassroots Mediation in Vietnam stipulating as follows:
Dismissal from being a mediator
1. Dismissal from being a mediator shall be effected in the following cases:
a) At the request of the mediator;
b) The mediator no longer meets one of the criteria specified in Article 7 of this Law;
c) Violating the principles of organization and operation of grassroots mediation as prescribed in Article 4 of this Law or being unable to continue working as a mediator due to being handled for violations of the law.
2. In case of discontinuing being a mediator specified in Clause 1 of this Article, the head of the mediation group shall request the head of the Front's working committee to coordinate with the head of the village and the head of the residential group in making a written request to the Chairman of the Committee. Commune-level people decide to stop working as mediators.
In case of discontinuance of working as a mediator for the head of the mediation group, the head of the Front's working committee shall coordinate with the head of the village and the leader of the neighborhood group to make a written request to the Chairman of the commune-level People's Committee to issue a decision to stop working as a mediator.
3. The decision to stop working as a mediator shall be sent to the Standing Board of the Vietnam Fatherland Front Committee at commune level, head of the Front's working committee, village head, population group leader, and mediator and publicly announced in village, residential group.
Referring to Article 4 of the 2013 Law on Grassroots Mediation in Vietnam, the grassroots mediator ceases to act as a mediator in the following cases:
- At the request of the mediator;
- The mediator no longer meets one of the criteria to be a mediator
- Violating the principles of organization and mediation activities at the following establishments
+ Respect the voluntariness of the parties; optional, imposed on the parties in grassroots conciliation.
+ Ensure compliance with the State's policies and laws, social ethics, fine customs and practices of the people;
+ Promoting the spirit of solidarity, mutual assistance and mutual assistance among family members, clans and residential communities;
+ Paying attention to the legitimate rights and interests of children, women, people with disabilities and the elderly.
+ Objective, fair, timely, reasonable, and sympathetic; keep the parties' private information confidential
+ Respecting the will, legitimate rights and interests of the parties, and the legitimate rights and interests of others; does not infringe upon the interests of the State or the public.
+ Ensuring gender equality in organization and mediation activities at grassroots level.
+ Do not take advantage of grassroots conciliation to prevent related parties from protecting their interests in accordance with law or evade handling of administrative violations or criminal penalties.
What are the procedures for dismissal from being a grassroots mediator in Vietnam?
Pursuant to Article 14 of Joint Resolution 01/2014/NQLT/CP-UBĐTMTQVN stipulating the procedures for discontinuing the mediatorship are as follows:
- Within 10 days after receiving the request of the head of the conciliation group to stop working as a mediator, the head of the Front's working committee shall assume the prime responsibility for, and coordinate with the village head and neighborhood group leader in considering, verify and make a written request to the President of the commune-level People's Committee to issue a decision to stop working as a mediator
- In case of discontinuance of being a mediator in case one of the criteria for becoming a mediator is no longer satisfied, Violation of the principles of organization and operation of mediation at grassroots level:
If the head of the Front's working committee, the head of the village or the head of the neighborhood group disagrees with the proposal of the leader of the reconciliation group or the head of the Front's working committee and the head of the village or the head of the neighborhood group cannot reach agreement. Regarding the proposal of the leader of the mediation group, the head of the Front's working committee shall notify the leader of the mediation group, clearly stating the reasons for disagreement, and at the same time report it to the Chairman of the commune-level People's Committee for consideration and decision.
- Within 05 working days from the date of receiving the written request or report on termination of the mediator's position, the President of the commune-level People's Committee shall consider and decide.
- In case of disagreement with the proposal of the head of the conciliation group to resign from being a mediator, the mediator shall request the head of the Front's working committee to preside over and coordinate with the head of the village or neighborhood group to consider, handle.
Nguyễn Thị Hồng Nhung
