Vietnam: Do spouses have the right to refuse to participate in mediation or dialogue during divorce procedures?

Do spouses in Vietnam have the right to refuse to participate in mediation or dialogue during divorce procedures?

Under Clause 1, Article 8 of the Law on Mediation and Dialogue at Court 2020 on the rights and obligations of parties in mediation or dialogue at court in Vietnam:

1. The parties have the following rights:

a) Agree or refuse to participate in mediation, dialogue or terminate mediation or dialogue;

b) Participate in mediation or dialogue in person or through a representative as specified in Clauses 2 and 3, Article 25 of this Law;

c) Choose a mediator from the list of mediators of a court that has jurisdiction to settle civil cases or administrative lawsuits; in cases falling under the jurisdiction of People's Court of district, a mediator of other People's Court of district in the same administrative boundaries with the People’s Court of province may be selected;

d) Propose to change the mediator in accordance with this Law;

d) Engage an interpreter, by themselves or upon request to the mediator, in case where the participants in the mediation or dialogues do not know Vietnamese or have hearing, speech or vision disabilities;

e) Request the mediator, participants in mediation or dialogue, other entities, and the judge who attends the meeting to record the outcome of mediation or dialogue to keep their provided information confidential;

g) Express will, propose methods and solutions for settling disputes, requests and complaints; agree on the content of mediation or dialogue;

h) Request the court to recognize the successful mediation or successful dialogue;

i) Request the obligor to fulfill obligations as agreed in the successful mediation or successful dialogue;

k) Request the competent court to reconsider the decision on recognition of successful mediation or successful dialogue in accordance with this Law.

Thus, according to the above regulations, you have the right to refuse to participate in mediation during divorce procedures.

What is the time limit for mediation or dialogue at court in Vietnam?

According to Article 20 of this Law, the time limit for mediation or dialogue at court in Vietnam is specified as follows:

1. The time limit for mediation or dialogue is 20 days from the date on which the mediator is appointed; for complicated cases, this time limit may be extended but must not exceed 30 days.

2. The parties may agree to extend the time for mediation or dialogue, but not exceeding 02 months.

Thus, the time limit for mediation or dialogue is 20 days from the date on which the mediator is appointed; for complicated cases, this time limit may be extended but must not exceed 30 days.

Sincerely!