Petitioners have the right to select mediators participating in conciliation and dialogue at Court in Vietnam

According to Article 3 of the Circular No. 03/2020/TT-TANDTC, within 03 working days, the petitioner or claimant must select mediator on conciliation and dialogue at Court. Specifically as follows:

- The Court shall notify the petitioner or claimant in writing of the right to choose conciliation, dialogue, select mediators according to the provisions of Clauses 3 and 4, Article 16 of the Law on Conciliation and Dialogue at Court of Vietnam. The Court’s notice must enclose the list of mediators at that Court.

- Within 03 working days after receipt of the Court's notice specified in section 1, the petitioner or claimant must reply to the Court’s notice. Such reply may be made in writing or in other forms, such as fax, email, to the address stated in the Court's notice. In case the petitioner or claimant contacts the Court directly to present his/her opinions, the Court shall make a record of his/her opinions.

- In case the petitioner or claimant selects a mediator from the list of mediators of another district-level People's Court located within the same administrative boundary as the provincial-level People's Court, he/she must carry out procedures for obtaining opinions from the chosen mediator or the Court where the mediator works as prescribed in Clause 3, Article 17 of the Law on Conciliation and Dialogue at Court of Vietnam.

- After carrying out the procedures as prescribed in section 3 and receiving dissenting opinions from the mediator or the court where the mediator works, the petitioner or claimant may choose another mediator. The re-selection of the mediator shall be subject to the provisions mentioned in sections 2 and 3.

Note: Upon expiration of the time limit specified in section 2, if the petitioner or claimant has not yet responded, the Court shall notify the petitioner or claimant again to ensure they can exercise the right to choose conciliation, dialogue and select the mediator. This second notice of the Court and the reply of the petitioner or claimant must comply with the provisions mentioned in sections 1 and 2.

View more details at the Circular No. 03/2020/TT-TANDTC of the Supreme People’s Court of Vietnam, effective from January 01, 2021.

Thuy Tram

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