Vietnam Proposes Enhanced Powers for Mediators in Local Disputes

The Vietnamese government has submitted a bill to the National Assembly aimed at strengthening the powers of mediators in resolving community disputes. The proposed legislation would grant mediators new authority to request police assistance in cases involving potential violence or public disorder. According to the government, while the existing 2013 Law on Mediation at the Grassroots Level outlines the rights and duties of mediators, certain crucial rights have not been explicitly recognized, leading to difficulties in resolving some cases. The revised draft seeks to empower mediators to request local authorities or police to implement measures to ensure security and order during mediation. The bill also proposes that the operational costs for grassroots mediation activities be covered by the state budget, a shift from the current system of financial support. Mediators will receive training in legal knowledge, professional skills, and will be provided with necessary materials. They will also be compensated on a per-case basis and receive support in case of accidents or risks affecting their health and lives during mediation. In recognition of technological advancements, the draft law also permits online mediation. This would allow mediation to be conducted online or through a hybrid approach, moving away from the predominantly traditional face-to-face method. The government views this as a necessary adaptation to the widespread use of information technology and the digitalization of social life. Furthermore, the bill aims to solidify the legal basis for mediated settlements. Parties involved will be able to request competent courts to recognize mediated outcomes in accordance with civil procedure law. This aligns with the provisions of the 2015 Civil Procedure Code and aims to facilitate the process for parties seeking such recognition. The Committee for Culture and Social Affairs, which reviewed the bill, supports the comprehensive revision of the Law on Mediation at the Grassroots Level, stating it will provide a clear, unified, and convenient legal framework for mediation activities and contribute to fostering a culture of legal compliance for dispute prevention. The committee also backs state financial support for mediation and central budget allocations for localities unable to balance their own budgets. Additionally, the scope of individuals who can be invited to participate in mediation, such as village elders, leaders, and religious officials, is being expanded, along with their authorities. To attract individuals with legal expertise to support mediators, a commensurate remuneration policy is being recommended. The bill is expected to be passed during the ongoing extraordinary session of the National Assembly.