Can property division disputes during divorce be mediated at the facility in Vietnam?

Can property division disputes during divorce be mediated at the facility in Vietnam?

Pursuant to Article 3 of the 2013 Grassroots Mediation Law, scope of grassroots mediation is stipulated as follows:

1. Grassroots mediation is conducted for conflicts, disputes, and violations of law, except in the following cases:

a) Conflicts and disputes that violate the interests of the State and public interests;

b) Violation of law on marriage and family, civil transactions that according to the provisions of civil procedure law are not conciliated;

c) Violation of law that according to regulations must be prosecuted for criminal liability or handled for administrative violations;

d) Other conflicts and disputes that cannot be reconciled at the grassroots level according to law.

2. The Government shall detail this Article.

In addition, Article 29 of the 2015 Civil Procedure Code stipulates that marriage-and family-related petitions falling under the courts' jurisdiction.

1. The petitions for revocation of illegal marriages.

2. The petitions for recognition of voluntary divorces and agreements on child custody and property division upon divorces.

3. The petitions for recognition of agreements between the parents about the change of post-divorce custodian or recognition of change of post-divorce child custodian decided by agencies, organizations and individuals according o law regulations on marriage and family.

4. The petitions for restriction on rights of a father or mother towards a minor child or his/her right to see the child after divorce.

5. The petitions for termination of the adoption of children.

6. The petitions relating to the surrogacy according to law regulations on marriage and family.

7. The petitions for recognition of agreements of termination of the effect of the division of spousal common properties during their marriage to have been carried out according to the judgments/decisions of the Courts.

8. The petitions for declaration of nullification of the agreements on the property division between the husband and the wife according to legislation on marriage and family.

9. The petition for recognition and enforcement in Vietnam or for non-recognition of judgments or decisions on marriage and family of foreign Courts or other foreign competent agencies; or for non-recognition of judgments or decisions on marriage and family of foreign Courts or other competent foreign competent agencies which are not requested to be enforced in Vietnam.

10. The petition for determination of fathers or mothers for children; or determination of children for fathers or mothers according to legislation on marriage and family.

11. Other petitions relating to marriage and family, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

Thus, according to current regulations in Vietnam, disputes about marriage and family do not fall under the authority of mediation at the grassroots level, so they can only be conciliated in court.

Can property division disputes during divorce be mediated at the facility in Vietnam? (Image from the Internet)

What are principles of conducting mediation in Vietnam? 

Article 205 of the 2015 Civil Procedure Code stipulates the principles for conducting conciliation as follows:

1. During the period of preparation for the first-instance trial over cases, the Courts must carry out mediation for the involved parties to reach agreement on the resolution of the cases, except cases which must not be mediated or cannot be mediated as stipulated in Articles 206 and 207 of this Code or cases settled under simplified procedures.

2. The mediation must be conducted on the following principles:

a) Respect for the voluntary agreement of the involved parties, non-use of force or non-threat to use force to compel the involved parties to reach agreements against their will;

b) The contents of agreements between the involved parties must not contravene law and social ethics.

Best regards!