On March 9, 2023, the Supreme People's Court issued Circular No. 01/2023/TT-TANDTC detailing the conditions for appointing a mediator in Article 10 of the Law on Conciliation and Dialogue at Court 2020.
First of all, the Law on Conciliation and Dialogue at Court 2020 stipulates the conditions for appointing a mediator as follows:
Vietnamese citizens permanently residing in Vietnam, loyal to the Fatherland and the Constitution of the Republic of Vietnam, the Socialist Republic of Vietnam, have full civil act capacity, have good moral qualities, and be exemplary in their work. If they comply with the law and fully meet the following conditions, they may be appointed as a mediator:
1. Having worked as judges, court verifiers, court clerks, procurators, inspectors of procuracies, civil judgment enforcement enforcers, inspectors; lawyers, experts, and other professionals with at least 10 years of experience in the field of work; or people who are knowledgeable about customs and habits, have a good reputation in the population community;
2. Having experience and skills in mediation and dialogue;
3. Having good health to complete assigned tasks;
4. Possessing a certificate of professional training in conciliation and dialogue from a training institution of the Supreme People's Court, except for those who are already judges or examiners of the rank of the principal examiner or senior examiner level, Court Clerk of the rank of Chief Clerk, Senior Clerk, Procurator, Civil Judgment Execution Officer, Inspector.
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With the above provisions, Circular 01/2023/TT-TANDTC has been clarified in more detail below:
Firstly, other experts or specialists who can be appointed as a mediator is someone who is highly trained, has practical work skills, has practical experience, and has an in-depth theory in a particular field.
For example, psychologists, financial experts, intellectual property experts, etc.
Secondly, a person with knowledge of customs and habits, reputable in the population community, who can be appointed as a mediator, is knowledgeable about traditional culture, customs, practices, and ethnicity; having a close connection and influence in the family lineage, ethnic group, and population community; having the ability to gather and rally compatriots within a specific range; being trusted, trusted, heard and followed by people in the community.
For example, village elders, and village chiefs,... in mountainous, remote, and isolated areas, ethnic minority people are reputable and knowledgeable about customs and habits in the residential community.
Circular 01/2023/TT-TANDTC takes effect from April 25, 2023.
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