Mediation In
Thị Xã Phước Long, Đồng Nai

State Laws

Vietnam operates under a unified national legal framework for mediation with no provincial-specific legislation. The primary legislation governing mediation includes the Law on Mediation and Dialogue at Court No. 58/2020/QH14 (2020), Decree No. 22/2017/ND-CP on commercial mediation (2017), the Civil Procedure Code No. 92/2015/QH13 (2015), and the Law on Grassroots Mediation No. 35/2013/QH13 (2013). These laws apply uniformly across all provinces including Dong Nai. Provincial authorities implement these national laws through local People's Courts and justice departments.

Licensing Requirements

Commercial mediators must meet national criteria under Decree 22/2017: full civil capacity, good moral qualities, university degree with at least two years' work experience in their discipline, and mediation skills knowledge. Ad hoc commercial mediators apply to the Dong Nai Department of Justice. Mediators at commercial mediation institutions must meet the institution's own criteria, which may be more stringent. At-court mediators require Vietnamese citizenship, residence in Vietnam, 10 years' professional experience (or former judge/prosecutor status), mediation skills, and certification in mediation training (except for certain former court officials). Applications are made to the Dong Nai People's Court, with re-selection every three years.

Local Court Systems

Dong Nai has a hierarchical court system under the national framework. The Dong Nai Provincial People's Court serves as the first-instance court for significant cases and appellate court for district-level decisions. District People's Courts in Dong Nai handle first-instance cases for smaller civil, commercial, and family matters. Courts are organised to conduct mandatory mediation during preparatory stages. The Dong Nai Department of Justice oversees commercial mediation registration and mediators in the province. The court system follows national procedural rules with local implementation.

Legal Framework

Mediation in Vietnam follows multiple laws including the Law on Commercial Arbitration 2010, Civil Procedure Code 2015, and Decree 22/2017/ND-CP on commercial mediation. The Civil Procedure Code 2015 added a new chapter regarding recognition of out-of-court mediated settlement agreements. One or both parties can apply to courts for recognition of their agreement, which after recognition is enforceable as a full and final court judgment. The Law on Commercial Arbitration 2010 allows parties to negotiate and reach agreement during arbitration proceedings and request the arbitration tribunal to mediate. If parties reach settlement through mediation by the arbitration tribunal, the tribunal issues a decision recognising the agreement with same value as arbitral award. Decree 22/2017/ND-CP, effective 15 April 2017, is the first legislation specifically governing commercial mediation, creating legal framework for development of commercial mediation in Vietnam. Vietnamese laws highly emphasise the role of mediation, which is a mandatory part of certain litigation procedures such as civil, labour, and marriage and family litigations.

While Vietnam operates under this legal framework, The Olive Branch's remote mediators bypass local court backlogs by providing swift, confidential, and mutually agreed-upon resolutions online.

Court System

Courts in Vietnam encourage mediation at various stages of litigation. Mediation is mandatory in certain litigation procedures including civil, labour, and marriage and family litigations. The State encourages resolution of civil and family disputes and violations of law not amounting to criminal offences by means of mediation. At local community level, groups of non-professional mediators are set up to carry out mediation mandate. Courts have jurisdiction to recognise out-of-court mediated settlement agreements under Civil Procedure Code 2015. Once recognised, the mediated settlement agreement is enforceable as a full and final court judgment in compliance with Vietnamese Law on Enforcement of Civil Judgments. The legal system is evolving fast with significant improvements in legislation work. Courts encourage parties to resolve disputes through mediation before or during litigation.

Mediator Regulations

Decree 22/2017/ND-CP provides principles, conditions, and procedures of commercial mediation, creating conditions for establishment of mediation centres. Commercial mediators conduct mediation as they find appropriate to content of dispute and in best interest of parties when parties have no agreement on procedures. Parties can choose mediation rules of commercial mediation institution or agree on their own mediation procedures. Choosing procedures from onset is critical as it determines mediator appointment, mediation steps, fees, enforcement, and other matters. Local community groups of non-professional mediators operate at community level for mandated mediation. Professional mediators work through institutions like VIAC. There is no comprehensive national accreditation system but commercial mediation centres establish their own standards.

Cultural Approach

Vietnam is culturally not a litigious society. A large number of disputes are resolved outside of court. Vietnamese culture emphasises harmony, consensus-building, and community-based dispute resolution, which aligns well with mediation principles. The State encourages resolution of civil and family disputes through mediation. Local community groups of non-professional mediators reflect traditional Vietnamese approaches to conflict resolution emphasising community involvement and restoration of relationships. The cultural preference for avoiding litigation and maintaining harmonious relationships supports mediation adoption. However, foreign investors tend to refer to foreign arbitration due to lack of confidence in capability and transparency of Vietnamese courts. The combination of traditional community-based practices with modern legal frameworks provides strong foundation for mediation development.

Typical Costs

Commercial mediation fees determined by procedures chosen by parties or commercial mediation institution rules. Parties can choose mediation rules of commercial mediation institution or agree on own procedures, which determines mediation fees. Professional mediator fees generally range from VND 2,000,000-8,000,000 per hour for commercial mediation. VIAC provides cost of arbitration and mediation schedules. Local community mediation by non-professional mediators operates at minimal cost.