Cases of resignation from being a mediator in grassroots mediation in Vietnam

Cases of resignation from being a mediator in grassroots mediation in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Standards for appointment of mediators in grassroots mediation in Vietnam

According to the criteria for mediators in grassroots mediation according to Article 7 of the Law on Grassroots Mediation 2013, the person appointed as a mediator must be a Vietnamese citizen permanently residing at the establishment, voluntarily participating in mediation activities, and having the following criteria:

- To have good moral character; are reputable in the residential community;

- To be capable of persuading and mobilizing people; knowledgeable about the law.

2. Cases of resignation from being a mediator in grassroots mediation in Vietnam

Cases of quitting being a mediator in grassroots mediation according to Clause 1, Article 11 of the Law on Grassroots Mediation 2013 include:

- At the request of the mediator;

- The mediator no longer meets one of the criteria specified in section 1;

- Violation of the principles of organization and operation of grassroots mediation as prescribed in Article 4 of the Law on Grassroots Mediation 2013 or being unable to continue working as a mediator due to being handled for violations of the law.

3. Regulations on election and recognition of mediators in grassroots mediation in Vietnam

Regulations on election and recognition of mediators in grassroots mediation according to Article 8 of the Law on Grassroots Mediation 2013 are as follows:

- A person who meets the criteria as prescribed in Article 7 of the Law on Grassroots Mediation 2013 has the right to stand for election or be nominated by the Front's Working Committee in coordination with its member organizations to be on the list to elect a mediator.

- The head of the Front's working committee shall assume the prime responsibility for, and coordinate with, organizing the election of a mediator in the village or neighborhood group by one of the following methods:

+ Voting publicly or by secret ballot at representative meetings of households;

+ Distributing questionnaires to households.

- Result of the mediator election:

+ The person proposed to be recognized as a mediator must have more than 50% of the household representatives in the village or residential group agree;

+ In case the number of people reaches more than 50% of household representatives in the village, the neighborhood group agrees to have more mediators than the number decided by the chairperson of the commune-level People's Committee according to the provisions of Clause 2, Article 12 of the Law on Grassroots Mediation 2013, the list of persons proposed to be recognized as mediators is based on the voting results from high to low;

+ If the number of people elected is not enough to form a conciliation team, an additional election shall be held for the full number of people;

+ The head of the Front's working committee shall compile a list of individuals proposed for recognition as mediators and forward it to the President of the commune-level People's Committee.

- The President of the commune-level People's Committee shall make a decision on the mediator's recognition. The decision on the recognition of mediators shall be sent to the Standing Board of the Vietnam Fatherland Front Committee at the commune level, the head of the Front's working committee, the head of the village, the leader of the residential group, and the mediator; and announced publicly in villages and residential quarters.

4. Rights of mediators in grassroots mediation in Vietnam

The rights of mediators in grassroots mediation under Article 9 of the Law on Grassroots Mediation 2013 are as follows:

- To conduct mediation activities at the grassroots level.

- To request relevant parties to provide documents and information related to the case and the mediation.

- To participate in activities, discuss, and decide on the content and mode of operation of the mediation team.

- To be fostered legal knowledge, professional skills, and mediation skills; be provided with documents related to the mediation activity.

- To receive remuneration according to the case or work when conducting conciliation.

- To be commended and rewarded according to the provisions of the law on emulation and commendation.

- To be supported and facilitated to overcome consequences if there is an accident or risk affecting health and life while carrying out conciliation activities.

- To propose issues related to mediation activities.

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