What is the latest form of mediation minutes in civil proceedings in Vietnam? What are the procedures for mediation of civil cases?
What is the latest form of mediation minutes in civil proceedings in Vietnam?
The form of mediation minutes in civil proceedings is form No. 34-DS issued in Resolution 01/2017/NQ-HDTP.
>> Download the latest form of mediation minutes in civil proceedings here.
What is the latest form of mediation minutes in civil proceedings in Vietnam? What are the procedures for mediation of civil cases? (Picture from internet)
What are the procedures for mediation of civil cases in Vietnam?
Pursuant to Clause 4, Article 210 of the Civil Procedure Code 2015, the procedures for mediation of civil cases is carried out according to the following steps:
Step 1: The Judges disseminate to involved parties the provisions of laws related to the resolution of the cases so that involved parties can relate them with their rights and obligations and analyze legal consequence of the success of the mediation then voluntarily reach agreements with each other about the resolution of the cases;
Step 2: Plaintiff and defense counsels of their legitimate rights and interests make presentations of the disputes, make amendment of petitions for initiating lawsuits; grounds for protecting the petition and express opinions about matters to be mediated and resolution of the cases (if any);
- Defendants and defense counsels of their legitimate rights and interests make presentations of the claims of the plaintiffs and about counter-claims (if any); grounds for protesting against the petition of the plaintiffs; grounds for defending their counter claims and express opinions about matters to be mediated and resolution of the cases (if any);
Step 3: Persons with relevant interests and duties, defense counsels of their legitimate rights and interests express their opinions about the claims of the plaintiffs and the defendants; present their independent claims (if any); grounds for protesting against the claims of the plaintiffs and the defendants; grounds for protecting their independent claims and express opinions about matters to be meditated and resolution of the cases (if any);
Other participants in the mediation meetings (if any) express their opinions;
Step 4: When involved parties and defense counsels of their legitimate rights and interests have expressed their opinions, the Judges shall determined matters that involved parties have or have not agreed about and request involved parties to make additional presentation about unclear and not agreed contents;
Step 5: The Judges shall make conclusion of those which involved parties have agreed or not agreed about.
Who are the participants in the meetings of mediation of civil cases in Vietnam?
Pursuant to Article 209 of the Civil Procedure Code 2015, it is stipulated as follows:
Participants in meetings for checking the handover of, access to and disclosure of evidences and mediating
1. Participants in the meetings shall include:
a) The meeting presiding Judge;
b) Court clerks in charge of writing up meeting minutes;
c) Involved or lawful representatives of involved parties;
d) Representatives of employee collective’s representative organizations, applicable to labor cases, at the request of employees, excluding labor cases where employee collective’s representative organizations or defense counsels of rights and interests of employees’ collectives/employees attend as representative organizations of employees’ collective. If the representatives of employee collective’s representative organizations do not attend the meeting for mediating, written opinions must be submitted;
dd) Defense counsels of rights and interests of involved parties (if any);
e) Interpreters (if any).
2. W hen it is deemed necessary, the Judges shall request relevant individuals, agencies and organizations to participate in the meetings; for cases pertaining to marriage and families, the Judges shall request representatives of family affair authorities, children affair authorities and/or Vietnam Women's Union to participate in the meetings; if they are absent, the meetings shall be still conducted.
3. In cases where any of involved parties is absent but involved parties who attend agree to conduct the meetings and such meetings do not affect rights and obligations of absent involved parties, the Judges shall conduct meetings between involved parties who attend; if involved parties request to postpone the mediation meeting until all involved parties attend, the Judge must follow their request. The Judges must notify the involved parties of such postponement and the resuming of the meetings.
Thus, based on the above regulations, participants in the meetings shall include:
- The meeting presiding Judge;
- Court clerks in charge of writing up meeting minutes;
- Involved or lawful representatives of involved parties;
- Representatives of employee collective’s representative organizations, applicable to labor cases, at the request of employees, excluding labor cases where employee collective’s representative organizations or defense counsels of rights and interests of employees’ collectives/employees attend as representative organizations of employees’ collective. If the representatives of employee collective’s representative organizations do not attend the meeting for mediating, written opinions must be submitted;
- Defense counsels of rights and interests of involved parties (if any);
- Interpreters (if any).
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