Decree 15/2014/ND-CP: 05 Cases not eligible for grassroots-level mediation in Vietnam

Decree 15/2014/ND-CP stipulates that grassroots-level mediation will not be conducted in the following cases:

- Conflicts and disputes infringing upon the interests of the State and public interests;

- Violations of marriage and family law that must be resolved by competent state agencies according to legal provisions, civil transactions that violate prohibitions of the law or social ethics;

- Violations of law that must be prosecuted for criminal liability according to legal provisions, except for the cases specified in Point dd, Clause 1, Article 5;

- Violations of law that must be subject to administrative penalties according to legal provisions, except for the cases specified in Point e, Clause 1, Article 5

- Other conflicts and disputes not subject to grassroots-level mediation as prescribed in Point d, Clause 1, Article 3 of the Law on Grassroots-Level Mediation, including:

+  Mediation  of  commercial  disputes  conducted  according  to  the  provisions  of  the  Law  on  Commerce  and  guiding  documents;

+  Mediation  of  labor  disputes  conducted  according  to  the  provisions  of  the  Labor  Code  and  guiding  documents.

In cases where it is determined that an incident or case does not fall within the scope of mediation as prescribed in Article 3 of the Law on Grassroots-Level Mediation and the aforementioned cases where grassroots-level mediation is not applicable, the mediator shall explain to the parties the reason for not mediating and guide the parties in the necessary procedures to request a competent state agency for resolution.

In cases where it has not been determined whether an incident or case falls within the scope of grassroots-level mediation, the mediator shall propose that the Civil Status - Judicial official provide guidance.

View the full text of the regulation at Decree 15/2014/ND-CP which comes into force in Vietnam from April 25, 2014.

Thu Ba

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE