Vietnam: What documents should be included in the mediator's dismissal dossier?

According to the Circular No. 04/2020/TT-TANDTC of the Chief Justice of the Supreme People's Court of Vietnam, when requesting for dismissal, the mediator should prepare:

- Proposal for dismissal of mediator (Form No. 04);

- List of mediators proposed to be dismissed (Form No. 16c);

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

- A written request for dismissal of the mediator from the court where the mediator works (if any);

- Proving documents (for the cases specified in Point b, Clause 1, Article 13 of the Law on Mediation and Dialogue at Court of Vietnam).

The dismissal process is conducted as follows:

- When there are grounds specified in Clause 1, Article 13 of the Law on Mediation and Dialogue at Court of Vietnam, within 03 working days from the date of receipt of the request, the unit advises on personnel organization of the provincial People's Court shall report to the Advisory Council to consider dismissing the mediator.

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

- Within 03 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 to dismiss the mediator; delete the mediator's name from the list, revoke the mediator's card, make a public announcement on the website of the provincial people's court and post it at the court office where they work; concurrently, send it to the Supreme People's Court (via the Organization and Personnel Department) to report and publish on the Portal as prescribed.

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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