What documents are required for the application for registration of an ad-hoc commercial mediator in Vietnam?
What documents are required for the application for registration of an ad-hoc commercial mediator in Vietnam?
Pursuant to Clause 2, Article 8 of Decree 22/2017/ND-CP as follows:
Registration of ad-hoc commercial mediators
1. A person who meets the criteria for a commercial mediator as specified in Clause 1, Article 7 of this Decree and wishes to become an ad-hoc commercial mediator shall register at the Department of Justice of the province or centrally-run city where he or she permanently resides. In the case where the applicant is a foreigner, he or she shall register at the Department of Justice of the province or centrally-run city where he or she temporarily resides.
2. The applicant for registration as an ad-hoc commercial mediator shall submit one set of documents to the Department of Justice. The documents shall include:
a) An application form for registration as an ad-hoc commercial mediator according to the template issued by the Ministry of Justice;
b) A notarized copy or a copy accompanied by the original for comparison of the university degree or postgraduate degree;
c) Documents proving a period of work in the trained field of two years or more, certified by the agency or organization where the applicant works.
Any document issued by a foreign agency or organization, or notarized or authenticated abroad, must be legalized according to the regulations of Vietnamese law, except where exempted from legalization under an international treaty to which the Socialist Republic of Vietnam is a party.
3. Within 07 working days from the receipt of a complete and valid dossier, the Department of Justice shall record the applicant's name on the list of ad-hoc commercial mediators and publish this list on the Department's electronic portal; if refusing, the Department must notify the reason in writing. The rejected applicant has the right to complain or initiate a lawsuit according to the law.
4. In case an ad-hoc commercial mediator ceases to be a commercial mediator, he or she shall send a written notification to the Department of Justice of the province or centrally-run city where the mediator is registered. The Department of Justice shall remove the name of the mediator from the list of ad-hoc commercial mediators.
5. In case an organization or individual discovers that an ad-hoc commercial mediator no longer meets the criteria specified in Clause 1, Article 7 of this Decree or violates the provisions of Article 10 of this Decree, it shall notify the Department of Justice of the province or centrally-run city where the mediator is registered. The Department of Justice shall review and remove the name of that mediator from its list.
Thus, according to the above regulations, the dossier for the application for registration as an ad-hoc commercial mediator includes:
- An application form for registration as an ad-hoc commercial mediator according to Form No. 01/TP-HGTM issued together with Circular 02/2018/TT-BTP.
- A notarized copy or a copy accompanied by the original for comparison of the university degree or postgraduate degree.
- Documents proving a period of work in the trained field of two years or more, certified by the agency or organization where the applicant works.
Note: Any document issued by a foreign agency or organization, or notarized or authenticated abroad, must be legalized according to the regulations of Vietnamese law, except where exempted from legalization under an international treaty to which the Socialist Republic of Vietnam is a party.
What documents are required for the application for registration of an ad-hoc commercial mediator in Vietnam?
What are the rights and obligations of a commercial mediator in Vietnam?
Pursuant to Article 9 of Decree 22/2017/ND-CP as follows:
Rights and obligations of commercial mediators
1. A commercial mediator has the following rights:
a) Accept or refuse to conduct commercial mediation activities;
b) Refuse to provide information related to the dispute, except where the parties have a written agreement or in accordance with the law;
c) Receive remuneration for conducting commercial mediation activities according to the agreement with the disputing parties;
d) Other rights as prescribed in this Decree and relevant laws.
2. A commercial mediator has the following obligations:
a) Comply with the law, the code of ethics, and conduct of commercial mediators; be independent, impartial, objective, and honest;
b) Respect the agreements of the parties if such agreements do not violate the law and social ethics;
c) Protect the confidentiality of information about the dispute that he or she participates in mediating, except where the parties have a written agreement or in accordance with the law;
d) Notify the parties about authority, remuneration, and expenses before conducting mediation;
dd) Not simultaneously act as a representative or advisor for one of the parties, and not simultaneously act as an arbitrator in the same dispute that was or is being mediated, except otherwise agreed by the parties;
e) Other obligations as prescribed in this Decree and relevant laws.
Thus, the rights and obligations of a commercial mediator are carried out according to the content stated above.
When is a person not allowed to be a commercial mediator in Vietnam?
Pursuant to Clause 4, Article 7 of Decree 22/2017/ND-CP as follows:
Criteria for commercial mediators
1. A person who meets the following criteria shall be eligible to be a commercial mediator:
a) Have full civil act capacity as prescribed by the Civil Code; have good moral qualities, credibility, independence, impartiality, and objectivity;
b) Have a university degree or higher and have worked in the trained field for two years or more;
c) Have mediation skills, legal knowledge, business habits, commerce, and related fields.
2. A commercial mediator may conduct commercial mediation with the status of an ad-hoc commercial mediator or a commercial mediator of a commercial mediation organization as prescribed in this Decree.
3. A commercial mediation organization may set higher standards for its commercial mediators than those stipulated in Clause 1 of this Article.
4. Persons who are defendants, suspects, sentenced to criminal penalties, or who have completed the sentence but have not had their criminal records expunged; those who are currently subject to administrative measures of compulsory education in mandatory education institutions or compulsory detoxification centers, shall not be allowed to be commercial mediators.
Thus, according to the above regulations, a person is not eligible to be a commercial mediator in the following cases:
- First, those who are defendants, suspects, sentenced to criminal penalties, or who have completed the sentence but have not had their criminal records expunged.
- Second, those who are currently subject to administrative measures of compulsory education in mandatory education institutions or compulsory detoxification centers.
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