Rights and obligations of commercial mediation institutions in Vietnam

1. A commercial mediation institution has the following rights:

- To carry out commercial mediation activities;

- To provide training in mediation skills for commercial mediators;

- To collect remuneration and other lawful fees related to commercial mediation activities;

- To develop criteria for commercial mediators and a process of selecting commercial mediators, making a list of commercial mediators, and removing names of commercial mediators from the list;

- To appoint commercial mediators at the request of involved parties;

- Other rights as prescribed in this Decree and relevant laws.

2. A commercial mediation institution has the following obligations:

- To make and publicize a list of its commercial mediators and send it to the Ministry of Justice and provincial-level Department of Justice of the locality where it has registered its operation within 7 working days from the date it is granted the operation registration certificate, or from the effective date of the decision on addition of commercial mediation activities for the arbitration center, or from the date the list of commercial mediators is changed;

- To pay remuneration and other costs to commercial mediators;

- To issue its own codes of ethics and conduct applicable to commercial mediators;

- To formulate, issue and publicize the Mediation Rule and mediation remuneration rates;

- To report on its organization and operation to the provincial-level Department of Justice of the locality where it has registered its operation on an annual basis and upon request;

- To archives files and provide information on mediation results at the request of disputing parties or competent state agencies;

- Other obligations as prescribed in this Decree and relevant laws.

View more details at Decree No. 22/2017/NĐ-CP of Vietnam’s Government, effective from April 15, 2017.

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