Regulations on the election and recognition of mediators in Vietnam

Regulations on the election and recognition of mediators in Vietnam (Internet image) 

1. Standards for mediators in Vietnam

According to Article 7 of the Law on Mediation at the grassroots level 2013, individuals elected as mediators must be Vietnamese citizens residing at the grassroots level, voluntarily participate in mediation activities, and meet the following qualifications:

- Have good moral character and reputation in the community;

- Have persuasive and mobilization skills, and knowledge of the law.

2. Regulations on the election and recognition of mediators in Vietnam

According to Article 8 of the Law on Mediation at the grassroots level 2013, the regulations for the election and recognition of mediators in Vietnam are as follows:

- Individuals who meet the qualifications specified in Article 7 of the Law on Mediation at the grassroots level 2013 have the right to run for candidacy or be recommended by the Front Work Committee in coordination with the member organizations of the Front for inclusion in the list of mediators.

- The head of the Front Work Committee, in collaboration with the village chief, neighborhood team leader, organizes the election of mediators in the village or neighborhood through one of the following methods:

+ Public voting or secret ballot at a representative meeting of households;

+ Distributing ballots to gather opinions from households.

- Results of the mediator election:

+ The proposed mediator must receive over 50% agreement from household representatives in the village or neighborhood;

+ If the number of individuals who receive over 50% agreement from household representatives in the village or neighborhood is more than the number of mediators determined by the Chairman of the People's Committee at the commune level, according to the provisions in Article 12, Section 2 of the Law on Mediation at the grassroots level 2013, the list of proposed mediators is determined based on the voting results from highest to lowest;

+ If the number of elected individuals is not enough to form a mediation team, additional elections are organized to reach the required number;

+ The head of the Front Work Committee prepares a list of proposed mediators to be sent to the Chairman of the People's Committee at the commune level.

- The Chairman of the People's Committee at the commune level makes the decision to recognize mediators. The decision to recognize mediators is sent to the Standing Committee of the Vietnam Fatherland Front at the commune level, the head of the Front Work Committee, village chief, neighborhood team leader, and mediators, and publicly announced in the village or neighborhood.

3. Rights of mediators in Vietnam

According to Article 9 of the Law on Mediation at the grassroots level 2013, the rights of mediators are as follows:

- Conduct mediation activities at the grassroots level.

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

- Participate in discussions and decisions regarding the content and methods of mediation team activities.

- Receive training on legal knowledge, mediation skills, and professional development materials related to mediation activities.

- Receive remuneration based on the mediation case.

- Receive rewards according to the provisions of the laws on emulation and rewards.

- Receive support and the necessary conditions to address any consequences resulting from accidents or risks affecting their health or life during mediation activities.

- Make recommendations and proposals on issues related to mediation activities.

4. Responsibilities of mediators in Vietnam

According to Article 10 of the Law on Mediation at the grassroots level 2013, the obligations of mediators are as follows:

- Conduct mediation when there are grounds according to the provisions in Article 16 of the Law on Mediation at the grassroots level 2013.

- Comply with the principles specified in Article 4 of the Law on Mediation at the grassroots level 2013.

- Refuse to conduct mediation if they have personal interests and obligations related to the mediation case or for other reasons that may compromise objectivity and fairness in mediation.

- Notify the head of the mediation team in a timely manner to report to the Chairman of the People's Committee at the commune level for preventive measures in case of serious conflicts or disputes that may lead to violent acts affecting the health or lives of the parties involved or disrupt public order.

- Notify the head of the mediation team in a timely manner to report to the competent authority for handling in case of conflicts or disputes that show signs of violating administrative violation laws or criminal laws.

To Quoc Trinh

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