Thông tư 01/2023/TT-TANDTC điều kiện bổ nhiệm Hòa giải viên của Luật Hòa giải đối thoại tại Tòa án

CIRCULAR

SPECIFYING DESIGNATION OF MEDIATORS IN THE LAW ON CONCILIATION AND DIALOGUE AT COURT

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

Pursuant to the Law on Promulgation of Legal Normative Documents dated June 22, 2015; the Law on Amendments and Supplements to certain Articles of the Law on Promulgation of Legal Normative Documents dated June 18, 2020;

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

Upon the request of the Director of the Department of Legal Affairs and Science Management of the Supreme People’s Court;

The Chief Justice of the Supreme People’s Court herein promulgates the Circular that specifies the designation of mediators under the Law on Conciliation and Dialogue at Court.

Article 1. Scope

This Circular specifies conditions for designation of mediators under Article 10 of the Law on Conciliation and Dialogue at Court.

Article 2. Subjects of application

1. Candidates for the post of mediator.

2. Agencies, organizations and individuals involved.

Article 3. Identification of experts or other professionals defined in point a of clause 1 of Article 10 in the Law on Conciliation and Dialogue at Court

Experts and other professionals are persons who have completed specialized training sessions, have practical work skills, in-depth practical and theoretical experience about a particular field.

Example: psychologists, financial experts, intellectual property experts,...

Article 4. Identification of people who have knowledge of customs and habits, or are reputable in the population community defined in point a of clause 1 of Article 10 in the Law on Conciliation and Dialogue at Court

People who have knowledge of customs and habits, or are reputable in the population community are those who know about traditional culture, customs, practices and ethnic groups; have close connections and influence in the family lineage, ethnic group and population community; have the ability to gather and unite compatriots falling within a certain remit, and are trusted and followed by people in the community.

Example: Village elders, village chiefs, etc. in mountainous, remote and isolated areas, and ethnic minority areas are reputable people who have knowledge of customs and habits in the community.

Article 5. Entry in force

This Circular shall enter into force as from April 25, 2023.

In the course of implementation of this Circular, if there is any query, the Supreme People’s Court should be informed of it (via the Department of Legal Affairs and Science Administration) for timely instruction.   Any amendment or modification to this Circular shall be decided by the Chief Justice of the Supreme People’s Court./.