Vietnam: The mediator whose term is about to expire can be re-appointed

According to Article 8 of the Circular No. 04/2020/TT-TANDTC of the Chief Justice of the Supreme People's Court of Vietnam, the process of re-appointing the mediator is stipulated as follows:

- At least 02 months before the expiration of the term of office, the mediator who wishes to continue working as a mediator shall submit the application for re-appointment at the court where he/she works.

- Based on actual needs, on the basis of the results of the mediator's performance of tasks, the court where the mediator works shall send a written request to the Chief Justice of the provincial People's Court to consider re-appointment according to the provisions of law.

- The process of re-appointing the mediator is carried out as specified in Clauses 3, 4 and 5, Article 6 of Circular No. 04/2020/TT-TANDTC.

- The decision to re-appoint the mediator must be issued at least 01 working day before the end of his term as the mediator. In case the conditions for re-appointment are not satisfied, the Chief Justice of the provincial-level People's Court must notify in writing and clearly state the reasons therefor.

The mediator who wishes to be re-appointed should prepare the following documents:

+ Application for re-appointment (Form No. 12);

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

+ Report on the performance of duties during the term of the mediator (Form No. 17).

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

- Proposal for re-appointment of mediator (Form No. 02);

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

- Meeting minutes and resolutions of the Advisory Council (Form No. 14 and Form No. 15);

- Assessment of the Court where the mediator works on the process of performing the task (Form No. 18);

- Personal profile of the person proposed to be re-appointed as the mediator.

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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