Requirements for recognition of successful mediation or successful dialogue at court in Vietnam

Requirements for recognition of successful mediation or successful dialogue at court in Vietnam (Internet image) 

Specifically, according to Article 33 of the Law on Mediation and Dialogue in Court 2020, the successful mediation or successful dialogue are recognized in Vietnam when the following requirements are fully met:

- The parties have full legal capacity;

- The parties have rights and obligations with respect to the content of agreement;

- The agreement of the parties is completely voluntary, does not violate the prohibition of the law, is not contrary to social ethics, is not intended to evade obligations to the State or other entities;

- In case the parties agree an amicable divorce, the agreement of the parties must contain all matters related to on divorce, property division, care for and education of minor children and/or adult children who are legally incapacitated, are incapable of work and have no property to support themselves on the basis of ensuring the legitimate interests of their spouses and children in accordance with the Law on Marriage and Family;

- If the content of the agreement on mediation or dialogue of the parties is related to the rights and obligations of another person but such person is not present at the mediation or dialogue session, such agreement shall be recognized only if such person gives consent in writing;

- Where the parties reach an agreement on a part of the civil dispute or administrative lawsuit, that part shall be recognized only if it does not relate to other parts of the dispute or lawsuit..

If the above conditions are met, the Judge must make a decision on recognition of successful mediation or successful dialogue which must at least contain the following:

- The date of decision;

- Name of the issuing court;

- Full name of the issuing judge;

- Full names and addresses of the parties, their representatives and interpreters;

- Content of successful mediation or successful dialogue;

- Bases for issuing the decision on recognition of successful mediation or successful dialogue.

This decision is sent to the parties and the Procuracy of the same level within 3 working days after the court issues the decision.

Note: 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. However, this Decision 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 above.

Nguyen Trinh

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