When is the notice of the obligation to pay advance costs for commercial dispute mediation sent in Vietnam?
When is the notice of the obligation to pay advance costs for commercial dispute mediation sent in Vietnam? What is the use of mediation cost, dialogue at the Court in Vietnam?
Hello, my company is in a commercial dispute with another company and has brought it to court for mediation. This dispute has been determined to have a value threshold, but so far we have not received any notification regarding the payment of advance mediation costs, and there is only 1 week left until the mediation session. So we would like to ask when is the latest time according to the law that the Court will notify the obligation to pay the advance fee? Please advise.
When is the notice of the obligation to pay advance costs for commercial dispute mediation sent in Vietnam?
Based on Article 7 of Decree No. 16/2021/ND-CP regulating the procedures for the collection and payment of advance costs for mediation and dialogue at the Court
1. The Court resolving the mediation case shall notify the parties participating in the mediation at the Court regarding disputes in business, commerce with a price bracket of the obligation to advance the costs as prescribed in Clause 1 of this Decree at least 01 day before the first mediation session takes place.
2. When the parties participating in the mediation, dialogue request the Conciliator to carry out activities that incur costs as prescribed in Clause 2 of this Decree: The Court resolving the mediation case, dialogue shall base on Clause 2 of this Decree to determine the amount to be collected and notify the parties participating in the mediation, dialogue to advance the costs according to the prescribed ratio in Article 5 of this Decree before carrying out those activities.
3. The Court resolving the mediation case, dialogue has the responsibility to notify the parties participating in the mediation, dialogue of the following information:
a) The amount to be temporarily deposited, the time and form of payment;
b) Forms of payment include: depositing into the Court's deposit account at the State Treasury where the transaction takes place or paying in cash at the Court.
Therefore, the Court will send a notice to your company about the obligation to advance the costs of mediation at least 01 day before the first mediation session takes place in Vietnam.
When is the notice of the obligation to pay advance costs for commercial dispute mediation sent in Vietnam? (Image from the Internet)
What is the use of mediation cost, dialogue at the Court in Vietnam?
According to Article 10 of Decree No. 16/2021/ND-CP regulating the management and use of the costs of mediation, dialogue at the Court as follows:
1. The revenues and expenses of mediation, dialogue at the Court paid by the parties participating in the mediation, dialogue according to the provisions of Articles 7 and 8 of this Decree are used to pay for the expenses serving mediation, dialogue as prescribed in Article 3 of this Decree; not used for other purposes or tasks.
2. The People's Court resolving the mediation case, dialogue at the Court when organizing the collection and payment of the costs of mediation, dialogue at the Court must carry out the use of accounting vouchers; open a book to fully record the revenues, expenses serving the activities of mediation, dialogue at the Court according to the current regulations of the administrative accounting regime, profession; take responsibility for managing, using the costs of mediation, dialogue at the Court in accordance with the regulations.
Best Regards!
