How much is fine for commercial mediators who disclose disputing parties' information in Vietnam?

How much is fine for commercial mediators who disclose disputing parties' information in Vietnam?

Article 10 of Decree 22/2017/ND-CP stipulates the following prohibited acts for commercial mediators:

1. Disclosing information about disputes or clients they know in the mediation process, unless otherwise agreed upon by disputing parties in writing or prescribed by law.

2. Violating the code of ethics applicable to commercial mediators.

3. Receiving or demanding any sum of money or benefit from involved parties in addition to remuneration and costs already agreed upon.

4. Other prohibited acts as prescribed by law.

According to Article 30 of Decree 82/2020/ND-CP regulating violations of regulations on the activities of commercial mediators as follows:

1. Fine from 5,000,000 VND to 10,000,000 VND for failure to notify the parties about authority, remuneration and costs before conducting conciliation.

2. Fine from 20,000,000 VND to 30,000,000 VND for one of the following acts:

a) Disclose information about the case and client that you learn during the conciliation process, unless the disputing parties agree in writing or otherwise provided by law;

b) Receive or request money or benefits other than the agreed remuneration and expenses;

c) Commercial mediation activities without meeting the qualifications to be a commercial mediator;

d) Simultaneously act as a representative or consultant for one of the parties or at the same time be an arbitrator for the same dispute that is being or has been conciliated, unless otherwise agreed by the parties.

3. Remedial measures:

Forced to return illegal profits obtained from violations specified in Clause 2 of this Article.

Pursuant to Clause 4, Article 4 of Decree 82/2020/ND-CP stipulating fine levels:

4. The fines specified in Chapters II, III, IV, V, VI and VII of this Decree are applied to administrative violations by individuals, except those specified in Clause 5 of this Article. In case an organization commits an administrative violation like an individual, the fine is 2 times the fine for an individual.

Thus, when the mediator discloses your company's information to the outside without the consent of you and limited liability company B, that mediator has violated the law in Vietnam. The mediator will be fined from 20,000,000 VND to 30,000,000 VND, in addition, the mediator will be forced to return the illegal profits obtained from disclosing your company's information.

How much is fine for commercial mediators who disclose disputing parties' information in Vietnam? (Image from the Internet)

What rights and obligations do commercial mediators have in Vietnam?

Article 9 of Decree 22/2017/ND-CP stipulates rights and obligations of commercial mediators as follows:

1. A commercial mediator has the following rights:

a/ To accept or refuse to carry out commercial mediation activities;

b/ To refuse to provide information relating to a dispute, unless the information provision is agreed upon in writing by involved parties or required by law;

c/ To enjoy remuneration for commercial mediation activities as agreed upon with disputing parties;

d/ Other rights as prescribed in this Decree and relevant laws.

2. A commercial mediator has the following obligations:

a/ To comply with law and the codes of ethics and conduct applicable to commercial mediators; to work in an independent, impartial, objective and honest manner;

b/ To respect the agreement reached by involved parties if such agreement neither violates law nor contravenes social morality;

c/ To keep confidential information about the disputes of which he/she mediates the resolution, unless otherwise agreed upon in writing by involved parties or prescribed by law;

d/ To notify involved parties of his/her competence and mediation remuneration and costs before conducting mediation;

dd/ To refrain from acting as a representative of or an advisor for any of involved parties or concurrently acting as an arbitrator for the same dispute of which he/she is mediating or has mediated the resolution, unless otherwise agreed upon by the parties;

e/ Other obligations as prescribed in this Decree and relevant laws.

Above are all rights and obligations of a commercial mediator in Vietnam.

Best regards!