Circular 01/2023/TT-TANDTC detailing conditions for appointment of mediators in Law on Mediation and Dialogue at Court

CIRCULAR

Detailing conditions for appointment of mediators specified in the Law on Mediation and Dialogue at Court

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Pursuant to the Law on Organization of People’s Courts dated November 24, 2014;

Pursuant to the Law on Promulgation of Legal Documents dated June 22, 2015; amended and supplemented on June 18, 2020;

Pursuant to the Law on Mediation and Dialogue at Court dated June 16, 2020;

At the proposal of the Director of Department of Legal Affairs and Research Administration of the Supreme People's Court;

The Chief Justice of the Supreme People’s Court promulgates the Circular detailing conditions for appointment of mediators specified in the Law on Mediation and Dialogue at Court.

Article 1. Scope of regulation

This Circular details conditions for appointment of mediators specified in Article 10 of the Law on Mediation and Dialogue at Court.

Article 2. Subjects of application

1. Persons under request for appointment as mediators.

2. Relevant agencies, organizations and individuals.

Article 3. Experts or other professionals specified at Point a Clause 1 Article 10 of the Law on Mediation and Dialogue at Court

An expert or other professional means a person receiving specialist training with practice skills, practical experience and specialist theory in a field.

For example: A psychologist, financial expert, intellectual property expert, etc.

Article 4. People knowledgeable about customs and practices and prestigious in the residential community specified at Point a Clause 1 Article 10 of the Law on Mediation and Dialogue at Court

People knowledgeable about customs and practices and prestigious in the residential community are those knowledgeable about traditional culture, customs, practices and ethnic groups; having a close relationship and being influential figures in their family clans, ethnic groups and residential community; being able to gather other people within a certain scope, being trusted and followed by others in the community.

For example: In mountainous, deep-lying, remote regions, ethnic minority areas, village patriarchs, hamlet chiefs, etc. are persons prestigious and knowledgeable about customs and practices in the residential community.

Article 5. Effect

This Circular takes effect on April 25, 2023.

Any problems or proposals in the course of implementation should be promptly reported to the Supreme People’s Court (Department of Legal Affairs and Research Administration) for prompt guidance. The Chief Justice of the Supreme People’s Court shall decide the amendment and supplementation of this Circular./.