Is it necessary to formulate minutes of meetings for checking the handover of, access to and disclosure of evidences and for mediating in Vietnam?

Is it necessary to formulate minutes of meetings for checking the handover of, access to and disclosure of evidences and for mediating in Vietnam?

Pursuant to Clause 1 Article 221 of the Civil Procedure Code in 2015 stipulating as follows:

1. Court clerks shall be in charge of formulating minutes of meetings for checking the handover of, access to and disclosure of evidences and for mediating.

2. Minutes of the checking the handover of, access to and disclosure of evidences must contain the following contents:

a) Date of meeting;

b) Place of meeting;

c) The participants in the meeting;

d) Opinions of involved parties or lawful representatives of involved parties about contents specified in clause 2 Article 210 of this Code;

dd) Other contents;

e) Decisions of the Court to accept or not accept claims of involved parties.

3. Minutes of the mediation must contain the following contents:

a) Those specified in points a, b and c clause 2 of this Article;

b) Opinions of involved parties and defense counsels of their legitimate rights and interests of involved parties;

c) Contents have or have not been agreed by involved parties.

4. The minutes must bear the signatures or fingerprints of all participants in the meetings, signatures of the Court clerks in charge of making minutes and of the presiding Judges of the meetings. Participants in the meetings may have a look at the minutes immediately when the meetings finish and may request for amendment and supplement to the minutes before appending signatures or fingerprints.

5. If involved parties reach agreements about matters to be resolved in civil lawsuits, the Courts shall make minutes of successful mediation. Such minutes shall be immediately sent to involved parties participating in the mediation.

Is it necessary to formulate minutes of meetings for checking the handover of, access to and disclosure of evidences and for mediating in Vietnam? - Source: Internet

What are procedures for mediation of civil cases in Vietnam?

Pursuant to Clause 4 Article 220 of the Civil Procedure Code in 2015 stipulating as follows:

4. Procedures for mediation:

a) 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;

b) 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);

c) 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);

d) 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);

dd) Other participants in the mediation meetings (if any) express their opinions;

e) 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;

g) The Judges shall make conclusion of those which involved parties have agreed or not agreed about.

Best regards!