Procedures for issuance of a Decision to recognize or not recognize successful mediation and dialogue results at the Court in Vietnam

Procedures for issuance of a Decision to recognize or not recognize successful mediation and dialogue results at the Court in Vietnam​ (Image from Internet)

1. Procedures for issuance of a Decision to recognize or not recognize successful mediation and dialogue results at the Court in Vietnam

According to Article 32 of the Law on Mediation and Dialogue at the Court 2020, the procedures for issuance of a Decision to recognize or not recognize successful mediation and dialogue results at the Court in Vietnam are as follows:

- After drawing up the record of mediation results, the record of dialogue results, the Mediator forwards the record along with accompanying documents to the Court with jurisdiction to resolve the civil case, administrative complaint for issuing a decision to recognize the successful mediation or dialogue result in case the parties request it.

- The time limit for preparing to issue a decision to recognize the successful mediation or dialogue result is 15 days from the date the Court receives the record and accompanying documents. During this period, the Judge assigned by the Chief Justice of the Court has the following powers:

+ Request one or more parties to present their opinions on the successful mediation or dialogue recorded in the record;

+ Request agencies, organizations, or individuals with authority to provide the Court with documents as a basis for issuing a decision, if deemed necessary. The agencies, organizations, or individuals requested by the Court are obliged to respond to the Court within 05 working days from the date of receiving the Court's request.

- Upon the expiration of the period stipulated in Clause 2, Article 32 of the Law on Mediation and Dialogue at the Court 2020, the Judge must issue one of the following decisions:

+ In case the conditions provided for in Article 33 of the Law on Mediation and Dialogue at the Court 2020 are met, the Judge issues a decision to recognize the successful mediation or dialogue result;

+ In case the conditions are not met as stipulated in Article 33 of the Law on Mediation and Dialogue at the Court 2020, the Judge issues a decision not to recognize the successful mediation or dialogue result and states the reasons. The Judge forwards the decision, record, and accompanying documents to the Court with jurisdiction to handle the case according to procedural law.

- The decision to recognize or not recognize the successful mediation or dialogue result is sent to the parties and the Procuracy of the same level within 03 working days from the date the Court issues the decision.

2. Conditions for recognizing the successful mediation or dialogue result at the Court in Vietnam

According to Article 33 of the Law on Mediation and Dialogue at the Court 2020, the successful mediation or dialogue result at the Court in Vietnam is recognized when the following conditions are met:

- The parties have full civil act capacity;

- The parties are individuals with rights, obligations regarding the agreement, and consensus content;

- The agreement, consensus content of the parties is entirely voluntary, does not violate prohibitions of the law, is not contrary to social morality, and does not aim to evade obligations to the State or other agencies, organizations, individuals;

- In the case where parties agree on divorce, their agreement must include full content about divorce, property division, custody, nurturing, care, education of minor children, adult children lacking civil act capacity, or who are unable to work and have no property to support themselves, ensuring the legitimate interests of the spouse, children according to the provisions of the Law on Marriage and Family 2014;

- In case the agreed mediation content, consensus dialogue affects others' rights or obligations, it is only recognized if those persons provide written consent;

- In cases where parties reach consensus on a part of the civil dispute, a part of the administrative complaint, only the non-related content of the dispute, complaint is recognized.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE