Chương I Nghị định 22/2017/NĐ-CP hòa giải thương mại: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree prescribes the scope, principles, order and procedures for dispute resolution by commercial mediation, commercial mediators, commercial mediation institutions, Vietnam-based foreign commercial mediation institutions, and state management of commercial mediation activities.

Disputing parties’ self-mediation or request for mediation by other agencies, organizations or individuals other than commercial mediators, commercial mediation institutions or Vietnam-based foreign commercial mediation institutions defined in this Decree may be carried out under the agreements of the parties in accordance with law, and are not regulated by this Decree.

2. This Decree applies to commercial mediators, commercial mediation institutions, Vietnam-based foreign commercial mediation institutions, the state management agency in charge of commercial mediation, and other organizations and individuals involved in commercial mediation activities.

Article 2. Disputes to be resolved through commercial mediation

1. Disputes arising from commercial activities.

2. Disputes between parties at least one of them is engaged in commercial activities.

3. Other disputes which are prescribed by law to be resolved through commercial mediation.

Article 3. Interpretation of terms

1. Commercial mediation means a method of resolving commercial disputes agreed upon by involved parties with the assistance of a commercial mediator acting as an intermediary in accordance with this Decree.

2. Mediation agreement means an agreement between involved parties on the resolution through mediation of disputes which are likely to arise or have arisen.

3. Commercial mediator may be an ad hoc commercial mediator or a commercial mediator of a commercial mediation institution who is selected by involved parties or appointed by a commercial mediation institution at the request of involved parties to assist them in dispute resolution in accordance with this Decree.

4. Successful mediation result means an agreement reached by disputing parties on the resolution of part or the whole of an arising dispute.

5. Institutional commercial mediation means a form of dispute resolution at a commercial mediation institution in accordance with this Decree and the Mediation Rule of such institution.

6. Ad hoc commercial mediation means a form of dispute resolution conducted by an ad hoc commercial mediator selected by involved parties in accordance with this Decree and the agreement of the parties.

Article 4. Principles of dispute resolution through commercial mediation

1. Disputing parties shall participate in mediation on an entirely voluntary basis and are equal in terms of rights and obligations.

2. Information relating to a mediation case shall be kept confidential, unless otherwise agreed upon in writing by involved parties or otherwise prescribed by law.

3. Mediation agreement contents must neither violate prohibitory provisions of law nor contravene social morality, nor aim at shirking obligations nor infringe upon rights of a third party.

Article 5. State policies on commercial mediation

1. Disputing parties are encouraged to use commercial mediation to resolve their disputes in commercial activities and other disputes which are prescribed by law to be resolved through commercial mediation.

2. It is encouraged to mobilize all resources for commercial mediation activities and training to build capacity for commercial mediators and commercial mediation institutions.

Article 6. Conditions for dispute resolution through commercial mediation

A dispute shall be resolved through commercial mediation if involved parties so agree. The parties may reach agreement on dispute resolution through mediation before or after a dispute arises or at any time in the process of dispute resolution.