Latest procedures for re-appointment of a mediator in Vietnam

Latest procedures for re-appointment of a mediator in Vietnam (Internet image)

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

1. Cases of re-appointment of mediators in Vietnam

According to Clause 1, Article 12 of the Law on mediation or dialogue at the Court 2020, a mediator, upon the end of his/her term of office is considered for reappointment, except for the following cases:

- He/she is no longer fit to work;

- He has not completed the task;

- He/she belongs to the list of 10% of mediators, in their workplace, who have the poorest performance to be substituted.

2. Application for re-appointment of a mediator in Vietnam

Specifically, in Clause 2, Article 12 of the Law on mediation or dialogue at the Court 2020, an application for re-appointment of a mediator comprises:

- An application form for re-appointment;

- A fitness to work certificate issued by a competent health authority;

- A report on the process of performing mediation or dialogue tasks;

- Evaluation and remarks of the court where the mediator has worked on the process of performing of the mediation or dialogue tasks.

3. Procedures for re-appointment of a mediator in Vietnam

The process of re-appointing the mediator is carried out in accordance with the provisions of Article 8 of Circular 04/2020/TT-TANDTC, specifically 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 the mediator works.

- Based on actual needs and the outcomes of the mediator's performance of duties, 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 in accordance with the law.

- The re-appointment of the mediator is carried out in accordance with Clauses 3, 4 and 5, Article 6 of Circular 04/2020/TT-TANDTC, specifically:

+ Counseling on the selection of mediators

(i) Within 07 working days from the date of receipt of a complete application for the appointment of a mediator, the consulting unit on personnel organization of the provincial People's Court shall report to the Advisory Council.
for the consideration and selection of mediators.

(ii) Within 03 working days from the date on which the unit advising on the organization and personnel of the provincial People's Court issues a document, the Advisory Council holds a meeting to consider, agree, and issue a resolution to select a person qualified to act as a mediator.

+ Make a decision to appoint a Mediator

(i) Pursuant to the Resolution of the Advisory Council, the unit advising on personnel organization of the provincial People's Court shall submit a request to the Chief Justice of the provincial People's Court for a decision to appoint a mediator.

(ii) Within 05 working days, the Chief Justice of the People's Court of the province shall consider and decide to appoint the mediator.

In the event of a refusal to appoint, the Chief Justice of the provincial-level People's Court must notify in writing and explain why.

+ Public announcement of the list of Mediators

Within 5 working days from the date of the issue of the appointment decision, the Chief Justice of the provincial People's Court shall announce the list of mediators on the website of the provincial People's Court and post it at the headquarters of the Court where the mediator works; at the same time, send it to the Supreme People's Court (through the Organization and Personnel Department) for management and publish it on the website of the Supreme People's Court as prescribed.

- The decision to re-appoint the mediator must be made at least one working day before his term as mediator expires.

In case the conditions for re-appointment are not satisfied, the Chief Justice of the provincial-level People's Court must notify the Governor in writing and clearly state the reasons therefor.

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