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)

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

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

According to Article 33 of the Law on mediation or dialogue at the Court 2020, the successful mediation or successful dialogue are recognized 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..

2. Contents of decision on recognition of successful mediation or successful dialogue at court in Vietnam

Pursuant to Article 34 of the Law on mediation or dialogue at the Court 2020, a decision on recognition of successful mediation or successful dialogue 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.

3. Effect of decision on recognition of successful mediation or successful dialogue at court in Vietnam

According to Article 35 of the Law on mediation or dialogue at the Court 2020, the effect of decision on recognition of successful mediation or successful dialogue at court is stipulated as follows:

- 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 Law on Administrative Procedure.

- The decision on recognition of successful mediation shall be enforced in accordance with the law on civil judgment enforcement.

- The decision on recognition of successful dialogue shall be enforced in accordance with the law on civil judgment enforcement.

4. Cases of termination of mediation and dialogue at court in Vietnam

Mediation or dialogue shall terminate in one of the following cases:

- Successful mediation or successful dialogue;

- The parties fail to reach an agreement, agree on the whole contents of the civil case or administrative lawsuit or only agree on and reach agreement on a part of the civil case or administrative lawsuit but that part is related to other parts of the civil case or administrative lawsuit;

- One party or the parties do not agree to continue mediation, dialogue or is/are absent after 02 valid notices of the mediation or dialogue;

- In the course of mediation or dialogue, it is found that the case falls into circumstances prescribed in Article 19  of the Law on mediation or dialogue at the Court 2020;

- One of the parties requests the application of a provisional emergency measure as per the Civil Procedure Code and the Law on Administrative Procedure during the mediation or dialogue process;

- The petitioner withdraws the petition.

(Article 40 of the Law on mediation or dialogue at the Court 2020)

Ho Quoc Tuan

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