Can agencies and organizations use documents and presentations of the parties in the process of mediation or dialogue in Vietnam?
Can agencies and organizations use documents and presentations of the parties in the process of mediation or dialogue in Vietnam? What is criteria for a commercial mediator in Vietnam?
Recently, my neighbor Mr. B and I had a dispute about the common path of the two houses and both sides agreed to go to the District Court for reconciliation. In the Court we presented all the content of the dispute and I would like to know if my presentations can be used by the Court officials? What is criteria for a commercial mediator? Please advise. Thank you.
Can agencies and organizations use documents and presentations of the parties in the process of mediation or dialogue in Vietnam?
In Clause 3, Article 4 of the Law on mediation or dialogue at the Court 2020, confidentiality of mediation or dialogue at court is as follows:
3. Documents and presentations of the parties in the process of mediation or dialogue must not be used as evidence in the course of case settlement as per the law, except for the following cases:
a) The party that has presented documents and presented opinions during the mediation or dialogue process has agreed to use the documents and presentations during the mediation or dialogue process as evidence;
b) The documents and presentations must be used as evidence in accordance with the law.
According to this Article, court officials are not allowed to use your presentation in the process of mediation or dialogue in Vietnam as evidence in the process of settling the case in accordance with the law, unless you agree and when required to use it as evidence.
What is criteria for a commercial mediator in Vietnam?
According to Article 7 of Decree 22/2017/ND-CP on criteria for a commercial mediator as follows:
1. A person who fully satisfies the following criteria may act as a commercial mediator:
a/ Having full civil act capacity as prescribed by the Civil Code; having good moral qualities and prestige, and working in an independent, impartial and objective manner;
b/ Possessing a university or higher degree and having at least 2 years’ working experience in the discipline he/she has studied;
c/ Having mediation skills and knowledge about law, business and commercial practices and relevant issues.
2. A commercial mediator may conduct commercial mediation in the capacity as an ad hoc commercial mediator or a commercial mediator of a commercial mediation institution in accordance with this Decree.
3. A commercial mediation institution may set criteria for its commercial mediators which are higher than those prescribed in Clause 1 of this Article.
4. The accused or defendants or those who are serving criminal sentences or have not had their criminal records expunged or are serving the administrative measure of consignment to a compulsory education institution or compulsory detoxification establishment may not act as commercial mediators.
Best Regards!
