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Administrative procedures

Select the mediators
Update day:12-12-2016

 

Order of implementation:

a) Preparation for electing the mediator:

- Within 20 working days before the date expected to elect the mediator, Head of the Fatherland Front Committee chairs, coordinates with the leader of the village or population group, representatives of units of the Fatherland Front Committee to appoint candidates as mediators; agree about time for electing the mediator; determine the form of electing the mediator;  determine the list of a group of members electing the mediator acted by the Head of the Fatherland Front Committee as the leader, the leader of the village or population group as deputy leaders, some heads of associations of the village, populations acting as members.

The group of members electing the mediator prepares the list of candidates (hereafter called as the list of members elected as the mediators) after discussing, encouraging and obtaining the consent of people introduced to elect the mediator.

If a new group of mediators is established,  list of members elected as  the mediators shall be equal to at least number of mediators approved by Chairman of People’s Committee at the commune, including female mediators. For the area with ethnic minorities, list of members elected as the mediators shall include ethnic minority people.

-  The list of members elected as the mediators shall be posted publically at the village, population group within 07 working days, before electing the mediators. If a claim against the list of members elected as the mediators occurs, the Head of Fatherland Front Committee will consider and solve.

b) Organization of electing the mediator.

- Electing the mediator shall be voted publically or in the form of close poll in the meeting conducted when over 50% of representatives of households at the village, population group attend and such electing is made as follows;

Representative of the group of members electing the mediator introduces the list of members elected as the mediators; standards of the mediator, list of members elected as the mediators, agrees about the form of electing the mediator in the meeting.

If electing the mediator is voted publically, the group of members electing the mediator directly counts number of people voting and prepares the minutes for results of voting (Form No 01 in the appendix issued together with Joint Decree No 01/2014/NQLT-CP-UBTUMTTQVN dated November 18, 2014 of the Government and Vietnamese Fatherland Front Committee guiding to coordinate in implementing some regulations of the law on mediation in the facility – hereafter called as Joint Decree No 01/2014/NQLT-CP-UBTUMTTQVN).

If electing the mediator is made by the close poll, the group of members electing the mediator shall speak, communicate regimes for voting, collects votes and inspects votes after the poll is completed with participation of at least 01 representative of the household where there is no member in the list of members elected as the mediators; prepares minutes of vote inspection (Form No 02 in the appendix issued together with Joint Decree No 01/2014/NQLT-CP-UBTUMTTQVN).

- Electing the mediator is made by distributing the votes to the households at the village, population group as follows:

The group of members electing the mediator distributes votes to households, collects such votes and inspects votes in witness of at least 01 representative of the household where there is no member in the list of members elected as the mediators; prepares minutes of vote inspection (Form No 03 in the appendix issued together with Joint Decree No 01/2014/NQLT-CP-UBTUMTTQVN).

c. Request and consideration, determination for recognition of the mediator:

- If results of electing the mediators satisfy requirements as stipulated in point a, point b, clause 3, article 8 of the law on mediation in the facility, the head of Fatherland Front Committee prepares a list of members considered to become mediators (Form No 06 in the appendix issued together with Joint Decree No 01/2014/NQLT-CP-UBTUMTTQVN) together with the minutes of vote inspection or minutes of results of voting for electing the mediators to Chairman of People’s Committee at the commune level. Within 05 working days after receiving the list of members considered to become mediators, Chairman of People’s Committee at the commune level considers and determines.

- If a number of members considered to become mediators taken under the results of voting from high to low are greater than a number of mediators approved by Chairman of People’s Committee at the commune level, the Head of Fatherland Front Committee prepares the list of members considered to become mediators, including members with the same votes to Chairman of People’s Committee for considering and determining.

- Re-electing the mediators is made if according to voting results, no member gains over 50% of representatives of households at the village, population group. Electing additional mediators is made if according to voting results, a number of mediators are lacked to establish the group of mediators according to the decision of Chairman of People’s Committee at the commune level.

- If the group of mediators is established by adequate mediators according to the decision of Chairman of People’s Committee at the commune but there is no female or ethnic minority mediator as stipulated in clause 1, article 12 of the Law on mediation in the facility, the Head of Fatherland Front Committee shall prepare a written report to Chairman of People’s Committee at the commune level. Within 05 working days after receiving the report from the Head of Fatherland Front Committee, Chairman of People’s Committee at the commune level shall consider and determine for further electing female or ethnic minorities;

- If re-electing or electing additional mediators is not satisfied, the Head of Fatherland Front Committee shall prepare a written report to Chairman of People’s Committee at the commune level. Within 05 working days after receiving the report from the Head of Fatherland Front Committee, Chairman of People’s Committee at the commune level shall consider and determine quantity and composition of the group of mediators based on actual demand.

Method of implementation: Electing the mediator is made in one of the following forms:

- Vote publically or in the form of close poll in the meeting of households’ representatives.

- Distribute votes to gather ideas from the households.

 

Composition of documents:

- List of members considered to become mediators.

- Minutes of vote inspection or minutes on results of voting to elect the mediators.

Quantity: 01 set.

Term of settlement: Within 05 working days after receiving all legal documents.

The agency competent to decide: People’s Committee at the commune level.

The competent agency or person authorized to implement (if any):  None

The agency implementing directly: People’s Committee at the commune level.

Object of implementation: Head of Fatherland Front Committee chairs to coordinate with the leader of the village, population group, representatives of units of the Fatherland Front Committee at the village, population, representatives of the households at the village, population group.

Name of form:

- Form No 01 in the appendix issued together with Joint Decree No 01/2014/NQLT-CP-UBTUMTTQVN if electing the mediator is voted publically.

- Form No 02 in the appendix issued together with Joint Decree No 01/2014/NQLT-CP-UBTUMTTQVN if electing the mediator is made in the form of close poll.

- Form No 03 in the appendix issued together with Joint Decree No 01/2014/NQLT-CP-UBTUMTTQVN if electing the mediator is made by distributing votes to the households.

- List of members considered to become mediators - Form No 06 in the appendix issued together with Joint Decree No 01/2014/NQLT-CP-UBTUMTTQVN.

Fee: None.

Results of implementation: Decision for recognition of mediators.

 

Requirements, conditions of implementation (if any)

- A person elected as a mediator shall be Vietnamese citizen residing in the facility, be voluntary to participate in mediation activities and have the following standards:

+ Have good morality, be reputable in the population community.

+ Have abilities for persuading, mobilizing people; master the laws.

- The person considered to become the mediator shall reach consent of over 50% of representatives of households at the village, population group.

 

Legal bases:

 

-  Law on mediation in the facility in 2013;

-Joint Decree No 01/2014/NQLT-CP-UBTUMTTQVN.

Attachments:

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