Vietnam: Grassroots conciliation and 05 things you should know

Vietnam: Grassroots conciliation and 05 things you should know (Source: Internet)

1. What is grassroots conciliation?

According to Clause 1, Article 2 of the Law on Grassroots Conciliation 2013, grassroots conciliation is a mediator's guidance and assistance in reaching an agreement and voluntary settlement of conflicts, disputes or violations according to the Law on Grassroots Conciliation 2013.

Specifically, establishments are hamlets, villages or residential groups, quarters, street blocks and other residential communities (hereinafter collectively referred to as hamlets, residential quarters).

(Clause 2, Article 2 of Law on Grassroots Conciliation 2013)

2. Scope of grassroots conciliation in Vietnam

Specifically, in Article 3 of the Law on Grassroots Conciliation 2013, grassroots conciliation shall be conducted for conflicts, disputes or violations of law, except for the following cases:

- Conflicts and disputes that infringe upon the interests of the State and public interests;

- Violation of the law on marriage and family, civil transactions that cannot be reconciled according to the provisions of the civil procedure law;

- Violating the law, which, according to regulations, must be examined for penal liability or administratively handled;

- Other conflicts and disputes cannot be reconciled at the grassroots according to the provisions of the law.

3. Grounds for conducting grassroots conciliation in Vietnam

Grassroots conciliation is conducted when there is one of the grounds specified in Article 16 of the Law on Grassroots Conciliation 2013, specifically as follows:

- One party or parties requests mediation;

- The mediator witnesses or knows the cases or matters falling within the scope of the mediation;

- As assigned by the leader of the mediation group or at the request of relevant agencies, organizations, and individuals.

4. Rights and obligations of the parties involved in grassroots conciliation in Vietnam

According to Article 17 of the Law on Grassroots Conciliation 2013, the rights and obligations of the parties involved in grassroots conciliation are prescribed as follows:

- Select and propose a mediator, a place, and a time to conduct mediation.

- Agree or refuse to mediation; request to suspend or terminate the mediation.

- Request that the mediation be conducted publicly or not publicly.

- Express their will and decide on the content of mediation.

- Present the facts of the case or matter truthfully; provide relevant documents and evidence.

- Respect the mediator and the rights of the parties involved.

- Do not affect security and order at the mediation venue.

5. Principles of organization and operation of grassroots conciliation in Vietnam

Principles of organization and operation of grassroots conciliation are prescribed as follows:

- Respecting the voluntariness of the parties; optional, imposed on the parties in grassroots conciliation.

- Ensuring compliance with the State's policies and laws; social ethics; fine customs and practices of the people; promoting the spirit of solidarity, mutual assistance, and mutual assistance among family members, clans, and community; paying attention to the legitimate rights and interests of children, women, people with disabilities, and the elderly.

- Objectivity, fairness, timeliness, rationality, love; keeping confidential information about the private lives of the parties, except for the cases specified in Clauses 4 and 5, Article 10 of the Law on Grassroots Conciliation 2013.

- Respecting the will, legitimate rights and interests of the parties and the legitimate rights and interests of others does not infringe upon the interests of the state or the public.

- Ensuring gender equality in organization and mediation activities at grassroots level.

- Not taking advantage of grassroots conciliation to prevent related parties from protecting their interests in accordance with the law or evading handling of administrative violations or criminal penalties.

(Article 4 of the Law on Grassroots Conciliation 2013) 

Thanh Rin

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