Vietnam: 02 violations may cause the mediator to be discharged immediately

According to Article 20 of the Circular No. 04/2020/TT-TANDTC of the Chief Justice of the Supreme People's Court of Vietnam, discharge of mediators is specified as follows:

1. The mediator is responsible before law for the performance of his/her duties; if there is a violation against the law, depending on the nature and seriousness of the violation and consequences, he/she shall be discharged according to the provisions of law and regulations of the People's Court. If a mediator is examined for criminal liability, he/she will automatically be discharged.

2. A mediator shall be discharged in one of the following cases:

- Violation that directly related to the performance of the task of mediation and dialogue at the Court;

- Violation of quality, ethics, no longer reputable to perform tasks.

3. The process of discharge of mediators

- Within 05 working days from the date of receipt of the dossier, the unit advising on personnel organization of the provincial People's Court shall report to the Advisory Council for consideration of discharge of mediators.

- Within 03 working days from the date the advisory unit on organization and personnel of the provincial People's Court sends a document, the Advisory Council shall hold a meeting to consider and issue a resolution on discharge of mediators.

- Within 05 working days from the date of submission by the consulting unit on personnel organization of the provincial People's Court, the Chief Justice of the provincial People's Court shall consider and decide on the discharge of the mediator.

- Within 03 working days from the date the Chief Justice of the provincial People's Court decides on the discharge of the mediator, the unit advising on personnel organization of the provincial People's Court shall send the decision to the mediator and the Court where they work, publicly announce it on the website of the provincial People's Court and post it at the headquarters of the Court where they work; remove the mediator from the list of mediators as prescribed by law. Concurrently, send it to the Supreme People's Court (via the Department of Organization and Personnel) to report and publish on the Portal according to regulations.

4. Procedures for request for discharge of mediators

- Proposal for discharge of mediator (made according to Form No. 06).

- Minutes of meetings and resolutions of the Advisory Council (according to Form No. 14 and Form No. 15).

- A written request for discharge of mediator of the court where the mediator works (if any).

- Proving documents (in the case specified in Section 2.).

View more details at Circular No. 04/2020/TT-TANDTC of the Chief Justice of the Supreme People's Court of Vietnam, effective from January 01, 2021.

Thuy Tram

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