Forms of commendation for Mediators in Vietnam

Forms of commendation for Mediators in Vietnam (Internet image)

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

1. Forms of commendation for Mediators in Vietnam

According to Article 15 of Circular 04/2020/TT-TANDTC, Mediators who have outstanding achievements in carrying out their duties are considered for rewards in the following forms:

- Commemorative medal "For the Court's Cause";

- Diploma of Merit from the Chief Judge of the People's Supreme Court;

- Certificate of Merit from the Chief Judge of the Provincial People's Court.

2. Mediator appointment process in Vietnam

The mediator appointment process, according to Article 6 of Circular 04/2020/TT-TANDTC, is as follows:

* Announcement of the need for Mediator selection

Based on the approved needs and the determined number of Mediators, the district-level People's Court and the provincial-level People's Court announce the recruitment of mediators, publicly post it on local media outlets, and display it at the headquarters of the People's Court where the need exists, within a period of 15 working days from the date of announcement and display.

* Receipt of Mediator appointment applications

- Individuals who meet the requirements according to the announcement of Mediator recruitment submit their applications for Mediator appointment at the People's Court where they wish to work as Mediators.

- The receiving People's Court conducts an examination and accepts the applications with all the required documents as stipulated.

- Within 5 working days from the deadline for accepting applications, the receiving People's Court must classify the applications. For cases that require a certificate of professional training in mediation and dialogue, a list of those selected for training is prepared and sent to the provincial-level People's Court for compilation and reporting to the People's Supreme Court.

- The Organization Department - Officials of the People's Supreme Court compile the list sent by the provincial-level People's Court and prepare a document to be forwarded to the Judicial Academy for organizing training and issuing certificates as required.

- After the selected individuals have completed the training and obtained the certificates, the receiving People's Court selects individuals who meet the requirements and submits a written request to the Chief Judge of the provincial-level People's Court for consideration and appointment (through the unit responsible for advising on the organization of officials of the provincial-level People's Court).

* Consultation and selection of Mediators

- Within 7 working days from the date of receiving complete Mediator appointment applications, the unit responsible for advising on the organization of officials of the provincial-level People's Court reports to the Advisory Council for consideration and selection of Mediators.

- Within 3 working days from the date the unit responsible for advising on the organization of officials of the provincial-level People's Court has a written document, the Advisory Council holds a meeting to review, reach a consensus, and pass a resolution to select individuals who meet the requirements as Mediators.

* Decision on Mediator appointment:

- Based on the resolution of the Advisory Council, the unit responsible for advising on the organization of officials of the provincial-level People's Court submits the appointment decision to the Chief Judge of the provincial-level People's Court for approval.

- Within 5 working days, the Chief Judge of the provincial-level People's Court reviews and decides on the appointment of Mediators. In cases of refusal, the Chief Judge of the provincial-level People's Court must provide a written notification stating the reasons.

* Public announcement of the list of Mediators

Within 5 working days from the date of the appointment decision, the Chief Judge of the provincial-level People's Court publicly announces the list of Mediators on the official website of the provincial-level People's Court and displays it at the headquarters of the People's Court where the Mediators work. Additionally, the list is sent to the People's Supreme Court (through the Organization Department - Officials) for management and publication on the official website of the People's Supreme Court as required.

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