This is one of the notable contents of the Law on Mediation or Dialogue at Court 2020 approved by the National Assembly of Vietnam on June 16, 2020, effective from January 01, 2021.
Article table of contents
According to Article 35 of the Law on Mediation or Dialogue at Court 2020 of Vietnam, effect of decision on recognition of successful mediation or successful dialogue at court is prescribed as following:
1. The decision on recognition of successful mediation or dialogue is legally effective and cannot be appealed or protested against according to appellate procedures as per the Civil Procedure Code and the Administrative Procedure Law of Vietnam.
2. The decision on recognition of successful mediation shall be enforced in accordance with the law on civil judgment enforcement.
3. The decision on recognition of successful dialogue shall be enforced in accordance with the law on civil judgment enforcement.
According to this provision, from January 01, 2021, the decision on recognition of successful mediation or dialogue is legally effective and cannot be appealed or protested against according to appellate procedures, which means that the decision on recognition of successful mediation or dialogue is considered as the final judgment.
However, a decision on recognition of successful mediation or successful dialogue may be reviewed at the request of involved parties, representatives or persons with interests and obligations related to the court’s decision and the proposal of the Procuracy, if there are grounds for presuming that the agreement of the parties violates one of the requirements prescribed in Article 33 of the Law on Mediation or Dialogue at Court 2020 of Vietnam.
Note: The Procuracy of the same level has the right to propose a review of the decision on recognition or non-recognition of successful mediation or successful dialogue within 15 working days after receiving such decision of the court.
Besides, the Law on Mediation or Dialogue at Court 2020 of Vietnam also stipulates some important contents as follows:
- Cases of non-conduction of mediation or dialogue at court include:
+ Claim compensation for damage to the State's properties.
+ Cases arising from civil transactions that violate the prohibition of law or social ethics.
+ The petitioner, the respondent, persons with related interests and obligations have been duly invited to participate in mediation or dialogue for the second time but still absent due to force majeure events or objective obstacles or unable to participate in mediation or dialogue for valid reasons.
+ A spouse in a divorce dispute is legally incapacitated.
+ One of the parties proposes not to conduct mediation or dialogue.
+ One of the parties requests the application of a provisional emergency measure as per the Civil Procedure Code and the Administrative Procedure Law of Vietnam.
+ Other cases as prescribed by law.
- Time for mediation or dialogue: Mediation or dialogue shall be carried out before the court accepts cases related to disputes over civil matters, marriage and family, business, commerce and labor; before the court accepts the request for recognition of amicable divorce; or administrative cases falling under the jurisdiction of the court as per regulations of the Civil Procedure Code and the Administrative Procedure Law of Vietnam.
- Costs incurred in mediation or dialogue at court: The costs incurred in mediation or dialogue at court shall be covered by the state budget. However, the parties in mediation or dialogue at court must bear the following costs:
+ Mediation costs for disputes on business and trade related to monetary claim;
+ Costs incurred when the parties agree to select a place for mediation or dialogue outside the court's headquarters; costs incurred when the mediator examines the current state of assets related to the civil case or administrative lawsuit which are outside the administrative boundaries of the province where the competent court is located;
+ Costs incurred in foreign language interpretation.
- Time limit for mediation or dialogue at court: 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. The parties may agree to extend the time for mediation or dialogue, but not exceeding 02 months.
Thuy Tram
