Scope of resolution of disputes by commercial mediation in Vietnam under Decree 22

1. Scope of resolution of disputes by commercial mediation in Vietnam under Decree 22

The scope of commercial dispute resolution through mediation as per Article 2 of Decree 22/2017/ND-CP is as follows:

- Disputes arising from commercial activities between parties.

- Disputes between parties where at least one party is engaged in commercial activities.

- Other disputes between parties that are legally allowed to be resolved through commercial mediation.

2. Regulations on registration of ad hoc commercial mediators in Vietnam

According to Article 8 of Decree 22/2017/ND-CP, the regulations on the registration of ad hoc commercial mediators in Vietnam are as follows:

- Individuals meeting the standards for commercial mediators as specified in Clause 1, Article 7 of Decree 22/2017/ND-CP who wish to become ad hoc commercial mediators must register with the Department of Justice of the province or city under central authority where they reside. In cases where the individual applying is a foreigner, registration is done at the Department of Justice of the province or city under central authority where they temporarily reside.

- Applicants seeking registration as ad hoc commercial mediators must submit one set of documentation to the Department of Justice. This dossier includes:

+ An application form for registration as an ad hoc commercial mediator per the form issued by the Ministry of Justice;

+ A certified copy or a copy with the original for comparison of a university degree or a postgraduate degree;

+ Documents proving work experience in the trained field for 02 years or more, confirmed by the agency or organization where the applicant worked.

Documents issued by foreign agencies or organizations and notarized or certified abroad must be consularly legalized according to Vietnamese law, except in cases exempted by international treaties to which the Socialist Republic of Vietnam is a member.

- Within 07 working days from receiving a complete and valid dossier, the Department of Justice will register the applicant on the list of ad hoc commercial mediators and announce this list on the Department's electronic portal; if rejected, the Department must provide a written explanation. Refused applicants have the right to appeal or file a lawsuit according to the law.

- If an ad hoc commercial mediator ceases performing as a mediator, they must send a notice to the Department of Justice of the province or city where they registered. The Department will remove their name from the list of ad hoc commercial mediators.

- In cases where organizations or individuals discover that an ad hoc commercial mediator no longer meets the standards outlined in Clause 1, Article 7 of Decree 22/2017/ND-CP or violates the regulations in Article 10 of Decree 22/2017/ND-CP, they should notify the Department of Justice of the province or city where the mediator is registered. The Department will review and remove the individual from the mediator list.

3. Rights and obligations of commercial mediators in Vietnam

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

- Commercial mediators have the following rights:

+ Accept or decline to conduct commercial mediation activities;

+ Refuse to disclose information regarding the dispute, except when the parties have a written agreement or as provided by law;

+ Receive remuneration from the conduct of commercial mediation activities according to agreements with the disputing parties;

+ Other rights as stipulated by Decree 22/2017/ND-CP and related laws.

- Commercial mediators have the following obligations:

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

+ Respect the agreement of the parties as long as it does not violate laws or social ethics;

+ Protect confidential information of the dispute in which they participate, unless there is a written agreement by the parties or as required by law;

+ Inform the parties about authority, remuneration, and costs before conducting mediation;

+ Refrain from simultaneously holding roles as a representative or adviser for one of the parties, or serving simultaneously as an arbitrator in the same dispute that is being or has been mediated unless agreed otherwise by the parties;

+ Other obligations as stipulated by Decree 22/2017/ND-CP and related laws.

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