Vietnam: Necessary documents to request the appointment of a mediator at Court

Recently, the Chief Justice of the Supreme People's Court of Vietnam has issued the Circular No. 04/2020/TT-TANDTC guiding the process of appointment, re-appointment, dismissal, commendation and handling of violations; issuance and withdrawal of mediator’s card.

bổ nhiệm Hòa giải viên, Thông tư 04/2020/TT-TANDTC

According to Article 7 of the Circular No. 04/2020/TT-TANDTC of the Chief Justice of the Supreme People's Court of Vietnam, personal profile of the person proposed to be appointed as mediator includes:

- Appointment application form (Form No. 11);

- Brief curriculum vitae (Form No. 13);

- Judicial record card (issued within 06 months from the date of submission of application for appointment);

- Health certificate (issued by a competent health authority, valid for 6 months);

- Papers proving that all conditions are met as prescribed at Point a, Clause 1, Article 10 of the Law on Mediation and Dialogue at Court of Vietnam, including one of the following papers:

+ Appointment decision or certification by a competent authority of being used to be a Judge, Court Examiner, Court Clerk, Procurator, Procurator Inspector, Civil Judgment Executor, Inspector;

+ Certification by a competent authority that he or she has been or is a lawyer, expert or other professional with at least 10 years of experience in the field of work;

+ Certification by the People's Committee of the commune, ward or township that they have knowledge of customs and habits and are reputable in the residential community.

- Certificate of professional training in mediation and dialogue issued by the training institution of the Supreme People's Court, except for those who used to be a Judge, Court Examiner, Court Clerk, Procurator, Procurator Inspector, Civil Judgment Executor, Inspector.

The procedure for requesting appointment of a mediator includes the following documents:

- A request for appointment of a mediator (Form No. 01);

- List of mediators proposed to be appointed (Form No. 16a);

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

- Personal profile of the person proposed to be appointed as mediator (as specified in Clause 2 of this Article).

View more details at the 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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