Rights and obligations of commercial mediators in Vietnam

1. A commercial mediator has the following rights:

- To accept or refuse to carry out commercial mediation activities;

- To refuse to provide information relating to a dispute, unless the information provision is agreed upon in writing by involved parties or required by law;

- To enjoy remuneration for commercial mediation activities as agreed upon with disputing parties;

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

2. A commercial mediator has the following obligations:

- To comply with law and the codes of ethics and conduct applicable to commercial mediators; to work in an independent, impartial, objective and honest manner;

- To respect the agreement reached by involved parties if such agreement neither violates law nor contravenes social morality;

- To keep confidential information about the disputes of which he/she mediates the resolution, unless otherwise agreed upon in writing by involved parties or prescribed by law;

- To notify involved parties of his/her competence and mediation remuneration and costs before conducting mediation;

- To refrain from acting as a representative of or an advisor for any of involved parties or concurrently acting as an arbitrator for the same dispute of which he/she is mediating or has mediated the resolution, unless otherwise agreed upon by the parties;

- 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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