This Decree provides rules on principles, procedures, requirements, and authority related to the mediation of commercial disputes between parties through either a mediation organization or a commercial mediator.
1. Principles of mediation
- Voluntariness, equality, goodwill, and cooperation between the parties.
- Confidentiality must be maintained; information from the mediation may not be used as evidence in court unless all parties consent in writing.
2. Commercial mediators
- May be Vietnamese or foreign individuals who meet the requirements for legal capacity, ethical standards, professional qualifications, and practical experience.
- Must register with the Ministry of Justice to practice commercial mediation.
3. Commercial mediation organizations
- May be enterprises or centers that meet conditions relating to personnel, infrastructure, and operational regulations, and are granted a Certificate of Registration by the Ministry of Justice.
4. Mediation agreements and successful outcomes
- A mediation agreement may be made before or after a dispute arises and can be included as a clause in a contract.
- A successful mediation record is binding if the parties commit to its execution.
- The parties may request the Court to recognize the successful out-of-court mediation outcome, allowing it to be enforced in the same manner as a court judgment.
| Issuing bodies: | Government | Gazette number: | 189&190-03/2017 |
| Official number: | 22/2017/NĐ-CP | Gazette dated: | 16/03/2017 |
| Types of documents: | Decree | Signer: | Nguyen Xuan Phuc |
| Issuing date: | 24/02/2017 | Expiry date: | |
| Effective date: | 15/04/2017 | Effect status: | Partly expired |
| Fields: | Advertising | Updated date: | 24/02/2017 |
