Recently, the Government of Vietnam signed and issued Decree 15/2014/ND-CP detailing certain provisions and measures for the implementation of the Law on Grassroots Mediation.
Decree 15/2014/ND-CP regulates mediation at the grassroots level to address the following conflicts, disputes, and legal violations:
- Conflicts between parties (due to differences in life concepts, lifestyles, incompatible personalities, or conflicts in the use of passageways through houses, shared passageways, use of electricity, water for daily needs, auxiliary works, activity schedules, causing public hygiene issues, or other reasons);- Disputes arising from civil relations such as disputes over ownership rights, civil obligations, civil contracts, inheritance, land use rights;- Disputes arising from marriage and family relations such as disputes arising from relationships between husband and wife; relationships between parents and children; relationships between grandparents and grandchildren, between siblings, and between other family members; alimony; determination of parentage; adoption; divorce;- Legal violations that, according to the law, do not reach the level of criminal prosecution or administrative violation handling;- Criminal law violations in the following cases:
- Not prosecuted under the provisions of Article 107 of the Criminal Procedure Code and not handled by competent state agencies for administrative violations;- The law stipulates that a case is only prosecuted at the request of the victim, but the victim does not request prosecution as stipulated in Clause 1 Article 105 of the Criminal Procedure Code and is not handled by competent state agencies for administrative violations;- The case has been prosecuted, but later there is a decision by the procedural authorities to suspend the investigation under the provisions of Clause 2 Article 164 of the Criminal Procedure Code or suspend the case under the provisions of Clause 1 Article 169 of the Criminal Procedure Code and is not handled by competent state agencies for administrative violations;
- Legal violations subject to educational measures at the commune level, as stipulated in Decree 111/2013/ND-CP or eligible for measures to replace administrative violation handling as provided in Chapter II Part Five of the Law on Handling Administrative Violations;- Other cases not prohibited by law.
See the full text of the regulations in Decree 15/2014/ND-CP effective from April 25, 2014.
Thu Ba
Address: | 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City |
Phone: | (028) 7302 2286 |
E-mail: | info@lawnet.vn |