If I used to be a psychologist, can I be appointed as a Mediator in Vietnam? What are criteria for appointing mediators in Vietnam?

If I used to be a psychologist, can I be appointed as a Mediator in Vietnam?

Pursuant to Point a, Clause 1, Article 10 of the Law on mediation or dialogue at the Court 2020, requirements for appointment of mediators are stipulated as follows:

Requirements for appointment of mediators

1. A Vietnamese citizen who is permanently residing in Vietnam, loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, has full legal capacity, good moral qualities, is exemplary in the observance of the law and meets all requirements below may be appointed as a mediator:

a) Used to be a Judge, Court Examiner, Court Clerk, Procurator, Procurator Inspector, Civil Judgment Executor, Inspector; having at least 10 years of experience as a lawyer, expert, or professional; being knowledgeable about customs and traditions and having prestige in the community;

 

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According to Article 3 of Circular 01/2023/TT-TANDTC on conditions for appointing Mediators of the Law on Mediation or Dialogue at Court, there are provisions as follows:

Identification of experts or other professionals defined in point a of clause 1 of Article 10 in the Law on Conciliation and Dialogue at Court

Experts and other professionals are persons who have completed specialized training sessions, have practical work skills, in-depth practical and theoretical experience about a particular field.

Example: psychologists, financial experts, intellectual property experts,...

Thus, Vietnamese citizens permanently residing in Vietnam who are psychology experts can be appointed as Mediators when meeting other criteria.

What are criteria for appointing mediators in Vietnam?

According to Clause 1, Article 10 of the Law on mediation or dialogue at the Court 2020 on the conditions for appointing a mediator, there are provisions as follows:

Requirements for appointment of mediators

1. A Vietnamese citizen who is permanently residing in Vietnam, loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, has full legal capacity, good moral qualities, is exemplary in the observance of the law and meets all requirements below may be appointed as a mediator:

a) Used to be a Judge, Court Examiner, Court Clerk, Procurator, Procurator Inspector, Civil Judgment Executor, Inspector; having at least 10 years of experience as a lawyer, expert, or professional; being knowledgeable about customs and traditions and having prestige in the community;

b) Having experience and skills in mediation or dialogue;

c) Attaining fitness to complete the assigned tasks;

d) Possessing a certificate of professional training in mediation or dialogue conducted by a training facility of the Supreme People's Court, unless he/she has been a judge, court examiner of chief examiner or senior examiner level, court clerk of chief clerk or senior clerk level, procurator, executor of civil judgment, or inspector.

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According tp this Article, to be appointed a mediator in Vietnam, one must meet the following requirements:

- Be a Vietnamese citizen, permanently residing in Vietnam, loyal to the Fatherland and the Constitution, have full capacity for civil acts, have good moral qualities, and be exemplary in observing the law;

- Have experience and skills in mediation and dialogue;

- Be in good health to complete assigned tasks;

- Have a certificate of professional training in mediation and dialogue issued by the training facility of the Supreme People's Court.

What does application for appointment of Mediators in Vietnam include?

Clause 2, Article 11 of the Law on mediation or dialogue at the Court 2020 stipulates the application file for appointment of a Mediator as follows:

Appointment of Mediator

1. A person who finds himself/herself satisfactory with all the requirements specified in Clause 1, Article 10 of this Law may submit an application for appointment of mediator to the court where he/she wishes to act as a mediator.

2. An application for appointment of a mediator comprises:

a) An application form for appointment;

b) A curriculum vitae and police (clearance) certificate;

c) A fitness to work certificate issued by a competent health authority;

d) A proof of eligibility prescribed at Point a, Clause 1, Article 10 of this Law;

dd) A certificate of professional training in mediation or dialogue prescribed at Point d, Clause 1, Article 10 of this Law.

3. Based on the need to appoint a mediator, the court which receives an application for appointment of mediator shall choose a qualified person and then request the chief judge of the People’s Court of province to consider appointment.

4. Within 20 days after receiving a duly complete application for appointment of mediator, the chief judge of the People’s Court of province shall consider appointing a mediator; if the application is refused, the chief judge must provide explanation in writing.

5. Within 7 days after issuing the appointment decision, the chief judge of the People’s Court of province shall publish the list of mediators on the website of the People’s Court of province and post up at the head office of the court where the mediator has worked; and at the same time send it to the Supreme People's Court for publication on the web portal of the Supreme People's Court.

6. The term of office of a mediator is 3 years from the date of appointment.

7. The Chief Justice of the Supreme People's Court shall elaborate this Article.

Based on the above regulations in Vietnam, application file for appointment of a Mediator includes:

+) Application for appointment;

+) Curriculum vitae and judicial record card;

+) Health certificate issued by a competent health agency;

+) Documents proving eligibility to appoint a conciliator;

+) Certificate of professional training in mediation and dialogue

Best regards!