Takes effect on April 15, 2017, the Decree No. 22/2017/ND-CP dated February 24, 2017 of the Government on commercial mediation prescribing that a commercial mediator must possess a university or higher degree and having at least 2 years’ working experience in the discipline he/she has studied; have full civil act capacity as prescribed by the Civil Code; having good moral qualities and prestige, and working in an independent, impartial and objective manner; have mediation skills and knowledge about law, business and commercial practices and relevant issues.
The accused or defendants or those who are serving criminal sentences or have not had their criminal records expunged or are serving the administrative measure of consignment to a compulsory education institution or compulsory detoxification establishment may not act as commercial mediators.
Another important content is on the registration of operation of commercial mediation centers, accordingly, within 30 days from the effective date of the decision on grant of its establishment license, a commercial mediation center shall send a dossier for operation registration to the provincial-level Department of Justice of the locality where its head office is located. Past this time limit, if the center fails to register its operation, its establishment license shall be invalidated, unless it has a plausible reason.
At the same time. within 30 days after being granted an operation registration certificate, a commercial mediation center shall publish in 3 consecutive issues of a central daily or a newspaper of the locality where it registers its operation.
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