Can the decisions to recognize the involved parties' agreements be appealed in Vietnam?

Can the decisions to recognize the involved parties' agreements be appealed in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Can the decisions to recognize the involved parties' agreements be appealed?

According to Article 213 of the Civil Procedure Code 2015, the effect of decisions to recognize the involved parties' agreements is as follows:

- The decisions to recognize the involved parties' agreements shall take effect immediately after they are issued and are not appealed against according to the appellate procedures.

- The decisions to recognize the involved parties' agreements may be appealed against according to the cassation procedures only if there are grounds to believe that such agreements were reached as a result of mistakes, deceptions, intimidation, force or they contravene law or social ethics.

Thus, according to the above regulations, the decision to recognize the agreement of the litigants can be appealed according to the cassation procedure if there are grounds to believe that the agreement was due to mistake, deception, or fraud. threaten, coerce or violate legal prohibitions or violate social ethics.

2. Issuing decisions to recognize the agreements of the involved parties in Vietnam

Pursuant to Article 212 of the Civil Procedure Code 2015, decisions to recognize the agreements of the involved parties in Vietnam will be issued as follows:

- Upon the expiry of the 07-day time limit after making the records on successful mediation, if no parties change their opinions on such agreement, the Judge who presides over the mediation session or another Judge who has been assigned by the court's Chief Justice shall issue a decision recognizing the agreement of the involved parties.

Within 05 working days after the issuance of the decision to recognize the agreement of the involved parties, the Court must send the decision to the involved parties and the procuracy of the same level.

- The Judge shall only issue a decision to recognize the agreement of the involved parties if they have reached an agreement on the resolution of the whole case.

- In the cases stipulated in Clause 4 of Article 210 of the Civil Procedure Code 2015, where the present parties have reached agreement on the settlement of their case, such agreement shall be valid only for the present persons and shall be recognized by the Judge in a decision if it does not affect the rights and obligations of the absent parties.

In cases where such agreement affects the rights and obligations of the absent parties, it shall be valid and recognized by the Judge in a decision only if it is accepted in writing by the parties that are absent from the mediation session.

3. What are the procedures for mediation in Vietnam?

Procedures for mediation are as follows:

- The Judges disseminate to involved parties the provisions of laws related to the resolution of the cases so that involved parties can relate them with their rights and obligations and analyze legal consequence of the success of the mediation then voluntarily reach agreements with each other about the resolution of the cases;

- Plaintiff and defense counsels of their legitimate rights and interests make presentations of the disputes, make amendment of petitions for initiating lawsuits; grounds for protecting the petition and express opinions about matters to be mediated and resolution of the cases (if any);

- Defendants and defense counsels of their legitimate rights and interests make presentations of the claims of the plaintiffs and about counter-claims (if any); grounds for protesting against the petition of the plaintiffs; grounds for defending their counter claims and express opinions about matters to be mediated and resolution of the cases (if any);

- Persons with relevant interests and duties, defense counsels of their legitimate rights and interests express their opinions about the claims of the plaintiffs and the defendants; present their independent claims (if any);

Grounds for protesting against the claims of the plaintiffs and the defendants; grounds for protecting their independent claims and express opinions about matters to be meditated and resolution of the cases (if any);

- Other participants in the mediation meetings (if any) express their opinions;

- When involved parties and defense counsels of their legitimate rights and interests have expressed their opinions, the Judges shall determined matters that involved parties have or have not agreed about and request involved parties to make additional presentation about unclear and not agreed contents;

- The Judges shall make conclusion of those which involved parties have agreed or not agreed about.

(Clause 4, Article 210 of the Civil Procedure Code 2015)

Nguyen Ngoc Que Anh

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