Responsibilities of units under the Supreme People's Court in mediation and dialogue activities at the Court in Vietnam

Responsibilities of units under the Supreme People's Court in mediation and dialogue activities at the Court in Vietnam (Internet image)

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

1. Responsibilities of units under the Supreme People's Court in mediation and dialogue activities at the Court

Responsibilities of units under the Supreme People's Court in mediation and dialogue activities at the Court according to Article 2 of Circular 02/2020/TT-TANDTC are as follows:

- Responsibilities of the Department of Legal Affairs and Scientific Management of the Supreme People's Court:

+ Be a permanent unit assisting the leaders of the Supreme People's Court in monitoring and urging the implementation of the Law on Mediation and Dialogue at Court 2020; act as the focal point to coordinate with relevant agencies and units to perform tasks according to regulations.

+ Organize review of relevant legal documents; advise and propose the abolition, amendment, supplementation, or promulgation of new legal documents to ensure compliance with the provisions of the Law on Mediation and Dialogue at Court 2020.

+ Advise the Chief Justice of the Supreme People's Court in the work of developing and promulgating documents detailing and guiding the implementation of the Law on Mediation and Dialogue at Court 2020.

+ Advise the Chief Justice of the Supreme People's Court on professional guidance, mediation, and dialogue at the Court.

+ Perform other tasks according to functions or as assigned by leaders of the Supreme People's Court.

- Responsibilities of the Court Academy

+ Develop training, fostering, and teaching materials on mediation and dialogue at Court.

+ Organize training, refresher courses, and certificates to foster mediation and dialogue skills for those selected to be appointed as mediators.

+ Organize training and refresher courses on expertise, skills, mediation, and dialogue skills for mediators, judges, civil servants, public employees, and employees of the Court.

+ Organize teaching for other subjects about mediation and dialogue at Court.

+ Perform other tasks according to functions or as assigned by leaders of the Supreme People's Court.

- Responsibilities of the Department of Organization and Personnel of the Supreme People's Court

+ Advise the Chief Justice of the Supreme People's Court on guidance on the selection, appointment, reappointment, and dismissal of mediators.

+ Monitor, manage, and update the list of mediators.

+ Perform other tasks according to functions or as assigned by leaders of the Supreme People's Court.

- Responsibilities of the Department of Planning and Finance of the Supreme People's Court

+ Advise and assist leaders of the Supreme People's Court in preparing estimates and synthesizing detailed estimates of costs for mediation and dialogue at the Court, send them to the Ministry of Finance to summarize and report to the Government for submission to the National Assembly for decision.

+ Guide and inspect the management, use, finalization of funds, and use of assets in mediation and dialogue activities at Courts of the Courts and estimate units of the Supreme People's Court in accordance with the law on conciliation and dialogue in court and the law on management and use of public assets.

+ Perform other tasks according to functions or as assigned by leaders of the Supreme People's Court.

- Responsibilities of the General Department of the Supreme People's Court

+ Advise and assist the Chief Justice of the Supreme People's Court in statistics, synthesis, evaluation, providing statistical data, and applying information technology in mediation and dialogue activities at the Court.

+ Develop a system of professional books, statistical forms, and software to manage mediation and dialogue activities at the Court linked with related software that applies uniformly to Courts at all levels.

+ Preside and coordinate with units under the Supreme People's Court to guide and organize training on statistics, synthesis, record keeping, and software use in mediation and dialogue activities at Court.

+ Periodically or irregularly provide statistical information on mediation and dialogue at the request of leaders of the Supreme People's Court or competent agencies or units.

+ Perform other tasks according to functions or as assigned by leaders of the Supreme People's Court.

- Other units under the Supreme People's Court, based on their functions and tasks, preside over and coordinate activities to implement the Law on Mediation and Dialogue at Court 2020 or as assigned by the leadership of the Supreme People's Court.

2. Responsibilities of the Judge in charge of mediation and dialogue in Vietnam

Responsibilities of the Judge in charge of conciliation and dialogue according to Article 5 of Circular 02/2020/TT-TANDTC, are as follows:

- Appoint a Mediator to conduct mediation and dialogue at Court.

- Participate in the meeting to record the results of mediation and dialogue at the Court.

In cases where, due to force majeure events or objective obstacles, it is impossible to participate in the meeting to record the results of conciliation or dialogue at the Court, then report to the Chief Justice to assign another Judge to participate.
or notify the Mediator to postpone the meeting to record the results of mediation or dialogue at Court.

- Consider recognizing or not recognizing the results of successful mediation or dialogue at Court for cases in which you participated in the meeting to record the results of mediation or dialogue at Court.

In cases where due to force majeure events, objective obstacles, or justifiable reasons, the decision to recognize or not recognize successful conciliation or dialogue results cannot be considered in court for cases in which you participate in the meeting to record the results of conciliation and dialogue at the Court, report to the Chief Justice to assign another Judge to consider and decide to recognize or not recognize the results of successful conciliation or successful dialogue at Court for that case.

- Support and guide Mediators on expertise, mediation skills, and dialogue at Court.

- Assist the Chief Justice in evaluating and commenting on the performance of the Mediator.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE