Order and procedures for mediator election in Vietnam

The order and procedures for mediator election in Vietnam are carried out according to the instructions in Article 12 of Joint Resolution 01/2014/NQLT/CP-UBTMMTTQVN, as follows:

Preparations for mediator election in Vietnam

- Within 20 days, before the expected date of the election of a conciliator, the Head of the Front's Working Committee presides over and coordinates with village heads, residential group leaders, and representatives of member organizations of the Front to propose people to be elected as mediators; Agree on time to elect a mediator; decide on the form of the conciliator election; Decide on the list of conciliator election teams with the Head of the Front Work Committee as the group leader, the village leader, the residential group leader as the deputy leader, and a number of heads of branches, groups, and associations of the village and residential groups as members.

The conciliator election team prepares a list of people expected to be elected as conciliators (hereinafter referred to as the conciliator election list) after discussing, encouraging, and receiving the consent of those introduced to be elected as mediators.

In case of establishing a new Conciliation Team, the list of conciliators to elect is at least equal to the number of conciliators decided by the Chairman of the Commune People's Committee, including female conciliators. For areas with many ethnic minorities, the list of conciliators to elect must include ethnic minorities;

- The list of elected conciliators is publicly announced in villages and residential groups within 07 days, before the day of the conciliator election. If there are comments about the list of elected conciliators, the Head of the Front Working committee will consider and resolve them.

Organization of the election of a mediator in Vietnam

- The election of a mediator by public voting or secret balloting at the meeting is conducted when more than 50% of representatives of households in the village, residential group, or more attend and is carried out as follows:

The representative of the Mediator Election Team introduces the list of the Mediator Election Team; standards of mediators, and the list of elected conciliators; Agree on the form of the conciliator election at the meeting.

In case of electing a conciliator by public voting, the conciliator election team directly counts the number of voters and makes a record of the voting results.

In case of the election of a conciliator by secret ballot, the conciliator election team is responsible for distributing ballots, disseminating voting regulations, receiving ballots, and counting votes immediately after completing the voting in the presence of at least 01 household representative who does not have a member on the list to elect a mediator; prepare vote-counting records;

- The election of a conciliator by distributing ballots to collect opinions from households in the village and residential groups is carried out as follows:

The mediator election team distributes ballots to households, collects ballots, and counts ballots in the presence of at least 01 household representative without members on the list of electing conciliators, prepare a record of vote counting.

Order and procedures for mediator election in Vietnam (Internet image)

Results of mediator election in Vietnam

- In case the result of electing a conciliator meets the requirements specified in Points a and b, Clause 3, Article 8 of the Law on Grassroots Mediation 2013, the Head of the Front's Working Committee prepares a list of people proposed to be recognized as mediators (Form No. 06 in the Appendix issued with this Joint Resolution) enclosed with the vote counting record or the record of voting results for the conciliator election, send it to the Chairman of the Commune People's Committee. Within 05 working days from the date of receiving the list of people proposed to be recognized as conciliators, the Chairman of the Commune People's Committee shall consider and decide;

- Re-election of the conciliator is carried out in case the election result has no one with more than 50% of household representatives in the village or residential group agreeing. The election of additional conciliators is carried out in case the election results do not have enough conciliators to establish a conciliation team according to the decision of the Chairman of the Commune People's Committee.

In case of electing a mediator by public voting or secret voting at a meeting of representatives of households in the village or residential group, the re-election or additional election of a conciliator will be carried out right at that meeting.

In the event of electing a conciliator by distributing ballots to collect opinions from households, the time to re-elect or elect additional conciliators will be decided by the Head of the Front Working Committee within 30 days from the date of the previous election.

The conciliator election team plans a new list for re-election and additional conciliator elections;

- In case the number of people proposed to be recognized as mediators according to the voting results from high to low is greater than the number of mediators decided by the Chairman of the Commune People's Committee, the Head of the Front Working Committee shall make a list of people proposed for recognition, including those with an equal number of votes, and send it to the Chairman of the Commune People's Committee for consideration and decision;

- In case the mediation team has been established with a sufficient number of mediators according to the decision of the Chairman of the Commune People's Committee, but there are no female mediators or ethnic minority mediators according to the provisions of Clause 1, Article 12 of the Law on Grassroots Mediation 2013, the Head of the Front Working Committee shall make a written report to the Chairman of the Commune People's Committee. Within 05 working days from the date of receiving the report from the Head of the Front's Working Committee, the Chairman of the Commune People's Committee shall consider and decide on the election of additional female mediators or ethnic minority mediators;

- If the re-election or additional election of a conciliator as prescribed in Point b, Point d, Clause 3, Article 12 of Joint Resolution 01/2014/NQLT/CP-UBTMMTTQVN does not achieve results, the Head of the Front's Working Committee prepares a written report to the Chairman of the Commune People's Committee. Within 05 working days from the date of receiving the report of the Head of the Front Working Committee, based on practical requirements, the Chairman of the Commune People's Committee shall consider and decide on the number and composition of the conciliation team.

Mai Thanh Loi

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