Latest standards for commercial mediators in Vietnam

Latest standards for commercial mediators in Vietnam​ (Image from the Internet)

1. Principles of dispute resolution through commercial mediation in Vietnam

The principles of dispute resolution through commercial mediation according to Article 4 of Decree 22/2017/ND-CP are as follows:

- The parties to the dispute participate in mediation entirely voluntarily and are equal in rights and obligations.

- Information related to the mediation case must be kept confidential, except when the parties have agreed in writing or the law provides otherwise.

- The content of the mediation agreement does not violate prohibitions of the law, is not contrary to social ethics, is not intended to evade obligations, and does not infringe on the rights of third parties.

2. Latest standards for commercial mediators in Vietnam​

The standards for a commercial mediator according to Article 7 of Decree 22/2017/ND-CP are as follows:

- A person who meets the following standards may serve as a commercial mediator:

+ Possesses full civil act capacity as prescribed by the Civil Code 2015; has good moral character, is reputable, independent, impartial, and objective;

+ Holds a university degree or higher and has worked in the trained field for two years or more;

+ Has mediation skills, legal knowledge, and an understanding of business, trade customs, and related fields.

- A commercial mediator may conduct commercial mediation as a case mediator or as a mediator of a commercial mediation organization under the provisions of Decree 22/2017/ND-CP.

- Commercial mediation organizations may stipulate higher standards for their mediators than those set in clause 1, Article 7 of Decree 22/2017/ND-CP.

- Persons who are defendants, accused, serving a criminal sentence, or have completed a sentence but have not yet had their criminal record expunged, or who are subject to measures for compulsory education or detoxification centers, may not serve as commercial mediators.

3. Rights and obligations of commercial mediators in Vietnam

The rights and obligations of commercial mediators according to Article 9 of Decree 22/2017/ND-CP are as follows:

- Commercial mediators have the following rights:

+ Accept or refuse to conduct commercial mediation activities;

+ Refuse to provide information related to the dispute, except when the parties have agreed in writing or as required by law;

+ Receive remuneration from conducting commercial mediation activities as agreed with the disputing parties;

+ Other rights as provided by Decree 22/2017/ND-CP and relevant laws.

- Commercial mediators have the following obligations:

+ Comply with laws, ethical rules, and conduct of commercial mediators; be independent, impartial, objective, and honest;

+ Respect the agreements of the parties if such agreements do not violate the law and are not contrary to social ethics;

+ Protect the confidentiality of information about the dispute they mediate, except when the parties have agreed in writing or as required by law;

+ Inform the parties of their authority, fees, and costs before proceeding with mediation;

+ Not simultaneously act as a representative or advisor for one of the parties, nor act as an arbitrator in the same dispute that is being or has been mediated, unless the parties have agreed otherwise;

+ Other obligations as provided by Decree 22/2017/ND-CP and relevant laws.

4. Prohibited acts for commercial mediators in Vietnam

The prohibited acts for commercial mediators according to Article 10 of Decree 22/2017/ND-CP are as follows:

- Disclosing information about cases or clients known during mediation, except when the disputing parties consent in writing or the law provides otherwise.

- Violating the ethical rules of commercial mediators.

- Receiving or demanding additional money or benefits from the parties beyond the agreed remuneration and costs.

- Other prohibited acts as prescribed by law.

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