Joint Resolution No. 01/2014/NQLT/CP-UBTƯMTTQVN guiding the coordination in implementing certain provisions of the law on grassroots mediation

JOINT RESOLUTION

Guidelines for coordinating implementation of certain provisions of laws

on grassroots mediation

______________

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on the Vietnam Fatherland Front dated June 26, 1999;

Pursuant to the Law on Enactment of Legal Normative Documents dated June 12, 2008;

Pursuant to the Law on Grassroots Mediation dated June 20, 2013,

The Government and the Central Committee of the Vietnam Fatherland Front issue this Joint Resolution to guide coordination in implementing certain provisions of laws on grassroots mediation.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Joint Resolution guides coordination in implementing certain provisions of laws on organization and operation of grassroots mediation and participation in state management of grassroots mediation by the Vietnam Fatherland Front.

Article 2. Principles of Coordination

1. Coordination activities shall be carried out based on functions, tasks, and authorities, ensuring the role and responsibility of each agency and organization.

2. To fully leverage the core role of the Vietnam Fatherland Front and its member organizations; enhance the proactivity and positivity of each agency and organization in grassroots mediation work.

3. Coordination must be continuous, timely, synchronized, tight, consistent, and in accordance with legal regulations.

Chapter II

COORDINATION IN STATE MANAGEMENT

OF GRASSROOTS MEDIATION

Article 3. Guidance and organization of implementation of legal provisions on grassroots mediation

The Central Committee of the Vietnam Fatherland Front, at all levels in localities, shall contribute opinions on draft guiding documents for the implementation of laws on grassroots mediation upon request from the Ministry of Justice and the People's Committees at the same level; organize implementation and guide member organizations of the Front to participate in monitoring and urging compliance with legal provisions on grassroots mediation; reflect difficulties and obstacles encountered during implementation to competent state agencies for consideration and resolution.

Article 4. Organization of dissemination and mobilization of the people to implement laws on grassroots mediation

1. The Vietnam Fatherland Front Committees and their member organizations at all levels shall disseminate and mobilize the people in the community to implement laws on grassroots mediation, resolve conflicts, disputes, and violations of law at the grassroots level through mediation.

2. The Ministry of Justice and People's Committees at all levels shall support the Vietnam Fatherland Front and its member organizations with materials for grassroots mediation work; train and provide training for legal awareness reporters of the Vietnam Fatherland Front Committees and their member organizations at all levels to carry out dissemination and mobilization work for the people to comply with laws on grassroots mediation.

Article 5. Inspection of implementation of laws on grassroots mediation

1. The Central Committee of the Vietnam Fatherland Front, at all levels in localities, shall send representatives to join inspection teams on implementation of laws on grassroots mediation upon request from the Ministry of Justice and the People's Committees at the same level; coordinate in preparing conditions to serve inspections and conduct inspections according to plans.

2. Based on the inspection plan of the People's Committee of communes, wards, towns (hereinafter referred to as the People's Committee of the commune), the village head, the ward chief shall take the lead and coordinate with the Head of the Mass Mobilization Board, the mediator team leader to conduct self-inspection of the implementation of laws on grassroots mediation in villages, wards, report the results of self-inspection to the People's Committee of the commune and the Vietnam Fatherland Front Committee at the commune level.

Article 6. Supervision of the Implementation of Laws on Mediation at the Grassroots Level

1. The Central Committee of the Vietnam Fatherland Front, the Vietnam Fatherland Front Committees at all levels in localities shall coordinate with relevant agencies and organizations to develop plans for supervising the implementation of laws on mediation at the grassroots level; request supervised agencies and organizations to provide information related to the supervision content; organize dialogues with supervised entities to clarify the content of recommendations; send reports on the results of supervision to the Government and the People's Councils at the same level.

2. The Government, People's Councils at all levels, relevant agencies, organizations, and individuals shall be responsible for coordinating, creating conditions, and providing information and materials related to the supervision content; request organizations to hold dialogues to clarify the content of supervision recommendations when necessary; implement recommendations following supervision.

Article 7. Organization of Interim Summaries and Comprehensive Evaluations of the Implementation of Laws on Mediation at the Grassroots Level; Organization of Competitions for Excellent Mediators

1. The organization of interim summaries and comprehensive evaluations of the implementation of laws on mediation at the grassroots level shall be carried out as follows:

a) The Ministry of Justice and People's Councils at all levels shall regularly conduct interim summaries annually and comprehensive evaluations every five years regarding the implementation of laws on mediation at the grassroots level;

b) The Central Committee of the Vietnam Fatherland Front, the Vietnam Fatherland Front Committees at all levels in localities shall prepare interim and comprehensive evaluation reports on the implementation of laws on mediation at the grassroots level to submit to the Ministry of Justice and People's Councils at the same level for consolidation; contribute opinions on interim and comprehensive evaluation reports on the implementation of laws on mediation at the grassroots level upon request from the Ministry of Justice and People's Councils at the same level, and coordinate to prepare conditions for interim summaries and comprehensive evaluations;

c) Based on the interim summary and comprehensive evaluation plans for the implementation of laws on mediation at the grassroots level of the People's Councils at the commune level, village chiefs, neighborhood group leaders shall take the lead and coordinate with the Head of the Mass Mobilization Committee and the mediator group leader to organize interim summaries and comprehensive evaluations of the implementation of laws on mediation at the grassroots level, report to the People's Councils at the commune level and the Vietnam Fatherland Front Committees at the commune level.

2. The Ministry of Justice and People's Councils at all levels shall take the lead and coordinate with the Vietnam Fatherland Front Committees at the same level to organize competitions for excellent mediators.

Village chiefs, neighborhood group leaders shall take the lead and coordinate with the Head of the Mass Mobilization Committee and the mediator group leader to encourage mediators to participate in competitions for excellent mediators.

Article 8. Organization of Awards for Mediation at the Grassroots Level

The Central Committee of the Vietnam Fatherland Front, the Vietnam Fatherland Front Committees at all levels in localities shall propose awards to the Ministry of Justice and People's Councils at the same level for outstanding collectives and individuals who have made significant contributions to grassroots-level mediation work according to the Law on Competition and Reward; provide opinions on lists of outstanding collectives and individuals in implementing laws on mediation at the grassroots level upon request from competent state agencies; coordinate to organize commendation and award ceremonies for grassroots-level mediation.

Chapter III

COORDINATION IN IMPLEMENTING CERTAIN PROVISIONS OF THE LAW

OF GRASSROOTS MEDIATION

Article 9. Implementation of Laws on Mediation at the Grassroots Level in the Development and Implementation of Village Regulations and Agreements

The Vietnam Fatherland Front Committees and their member organizations at the commune level shall coordinate with the People's Councils at the same level to organize and mobilize villages, hamlets, neighborhoods, and community clusters to develop contents for implementing laws on mediation at the grassroots level in village regulations and agreements, and promote and mobilize the people to implement them.

Article 10. The Vietnam Fatherland Front and its member organizations participate in implementing grassroots mediation activities.

The Vietnam Fatherland Front Committee at all levels in localities, with the core being the Vietnam Women's Union, the Vietnam Veterans Association, the Ho Chi Minh Communist Youth Union, the Vietnam Farmers' Union, and the Vietnam Elderly Association, guide, encourage, motivate, and create favorable conditions for members of the Vietnam Fatherland Front and members of its member organizations to become mediators or directly participate in mediating grassroots disputes and conflicts.

Members of the Vietnam Fatherland Front and members of its member organizations who participate in grassroots mediation activities shall be supported by the People's Committee of the commune with materials and the dissemination of laws serving such mediation activities, and shall be rewarded or recommended for rewards by higher-level People's Committees when actively participating in grassroots mediation activities in accordance with Point d Clause 1, Point d Clause 2, Point a and Point d Clause 3 Article 4 of Decree No. 15/2014/NĐ-CP dated February 27, 2014 of the Government detailing certain provisions and measures to implement the Law on Grassroots Mediation.

Article 11. Reviewing and evaluating the organization and operation of mediation teams; improving mediation teams

1. Annually, the People's Committees at all levels shall take the lead and coordinate with the Vietnam Fatherland Front Committee at the same level to direct and guide the review and evaluation of the organization and operation of mediation teams within their jurisdiction.

2. Based on the guidance of the People's Committee of the commune, the Head of the Mass Organization Work Board shall take the lead and coordinate with the Head of the Mediation Team to conduct reviews and evaluations of the organization and operation of the mediation team according to the main contents as follows:

a) The number of mediation teams; the current number and composition of mediators in each mediation team;

b) The results of mediation activities for the year, from January 1 to December 31 of the year, including: The results of the mediation team's activities in terms of the number of cases and matters received; the number of successfully mediated cases and matters, the number of unsuccessfully mediated cases and matters; the number of unresolved cases and matters, the number of ongoing cases and matters; the results of each mediator's activities in terms of the number of resolved cases and matters, the number of successfully mediated cases and matters, the number of unsuccessfully mediated cases and matters; the number of unresolved cases and matters and the number of ongoing cases and matters.

3. Based on the results of the review and evaluation of the organization and operation of the Mediation Team, the Head of the Mass Organization Work Board shall propose recommendations to the Standing Board of the Vietnam Fatherland Front Committee of the commune regarding the consolidation and improvement of the mediation team, including: the number of new mediation teams to be established; mediation teams that need to be consolidated and improved; cases where mediators should be relieved of their duties; the anticipated number of additional mediators and Team Leaders.

4. The Standing Board of the Vietnam Fatherland Front Committee of the commune shall compile the proposals of the Head of the Mass Organization Work Board and request the same-level People's Committee to decide on the number of mediation teams in the locality and the number of mediators in each mediation team.

5. Within five working days from the date of receipt of the proposal document from the Standing Board of the Vietnam Fatherland Front Committee of the commune, the Chairman of the same-level People's Committee shall consider and decide on the number of mediation teams and the number of mediators in each mediation team.

Article 12. Election of Mediators

1. Preparation for the election of mediators:

a) Within twenty days prior to the date scheduled for the election of mediators, the Head of the Mass Organization Work Board shall preside over and coordinate with the village head, ward chief, and representatives of the member organizations of the mass organization to identify those individuals proposed for election as mediators; agree on the time for the election of mediators; decide on the form of the mediator election; and decide on the list of the Mediator Election Team headed by the Head of the Mass Organization Work Board, with the village head and ward chief serving as deputy team leaders, and some heads of village branches, groups, and associations as members.

The Mediator Election Team shall prepare a list of individuals proposed for election as mediators (hereinafter referred to as the mediator candidate list) after exchanging views, encouraging, and obtaining the consent of those proposed for election as mediators.

In cases where a new Mediation Team is established, the mediator candidate list must include at least the number of mediators decided by the Chairman of the People's Committee at the commune level, including female mediators. For areas with many ethnic minority residents, the mediator candidate list must include ethnic minority residents.

b) The mediator candidate list shall be publicly announced in the village and ward within seven days prior to the date of the mediator election. If there are objections to the mediator candidate list, the Head of the Mass Organization Work Board shall examine and resolve them.

2. Organization of the election of mediators:

a) The election of mediators by open voting or secret ballot at a meeting shall be conducted when more than fifty percent of household representatives from the village and ward are present, and shall proceed as follows:

A representative of the Mediator Election Team shall introduce the list of the Mediator Election Team; the criteria for mediators; the mediator candidate list; and agree on the form of the mediator election at the meeting.

In cases where the election of mediators is conducted by open voting, the Mediator Election Team shall directly count the votes and prepare a record of the voting results (Model No. 01 attached to this Joint Resolution).

In cases where the election of mediators is conducted by secret ballot, the Mediator Election Team shall perform the tasks of distributing ballots, disseminating the rules for voting, collecting ballots, and counting them immediately after the voting ends, with the presence of at least one household representative not included in the mediator candidate list; and prepare a record of the ballot count (Model No. 02 attached to this Joint Resolution).

b) The election of mediators by distributing ballots to households in the village and ward shall be conducted as follows:

The Mediator Election Team shall distribute ballots to households, collect the ballots, and count them with the presence of at least one household representative not included in the mediator candidate list; and prepare a record of the ballot count (Model No. 03 attached to this Joint Resolution).

3. Results of the election of mediators:

a) In cases where the results of the election of mediators meet the requirements stipulated in Point a and Point b Clause 3 Article 8 of the Law on Mediation at the Grassroots Level, the Head of the Mass Organization Work Board shall prepare a list of persons proposed for recognition as mediators (Model No. 06 attached to this Joint Resolution) along with the record of the ballot count or the record of the voting results, and submit it to the Chairman of the People's Committee at the commune level. Within five working days from the date of receipt of the list of persons proposed for recognition as mediators, the Chairman of the People's Committee at the commune level shall examine and decide.

b) The re-election of mediators shall be carried out in cases where the election results do not have anyone receiving more than fifty percent approval from household representatives in the village and ward. The supplementary election of mediators shall be carried out in cases where the election results do not have enough mediators to establish a Mediation Team according to the decision of the Chairman of the People's Committee at the commune level.

In cases where the election of mediators is conducted by open voting or secret ballot at a meeting of household representatives in the village and ward, the re-election or supplementary election of mediators shall be conducted immediately at that meeting.

In cases where the election of mediators is conducted by distributing ballots to households, the time for organizing the re-election or supplementary election of mediators shall be determined by the Head of the Mass Organization Work Board within thirty days from the date of the previous election.

The Mediator Election Team shall propose a new list for the re-election or supplementary election of mediators.

c) In cases where the number of persons proposed for recognition as mediators selected based on the voting results from highest to lowest exceeds the number of mediators decided by the Chairman of the People's Committee at the commune level, the Head of the Mass Organization Work Board shall prepare a list of persons proposed for recognition, including those with equal number of votes, and submit it to the Chairman of the People's Committee at the commune level for examination and decision.

d) In cases where the Mediation Team has been established with the required number of mediators according to the decision of the Chairman of the People's Committee at the commune level, but does not yet have a female mediator or an ethnic minority mediator as prescribed in Clause 1 Article 12 of the Law on Mediation at the Grassroots Level, the Head of the Mass Organization Work Board shall prepare a report to the Chairman of the People's Committee at the commune level. Within five working days from the date of receipt of the report from the Head of the Mass Organization Work Board, the Chairman of the People's Committee at the commune level shall examine and decide on the supplementary election of a female mediator or an ethnic minority mediator.

đ) If the re-election or supplementary election of mediators as prescribed in Point b and Point d Clause 3 of this Article does not achieve the desired result, the Head of the Mass Organization Work Board shall prepare a report to the Chairman of the People's Committee at the commune level. Within five working days from the date of receipt of the report from the Head of the Mass Organization Work Board, based on practical needs, the Chairman of the People's Committee at the commune level shall examine and decide on the number and composition of the Mediation Team.

Article 13. Election of Mediation Group Leader

1. The election of the Mediation Group Leader shall be conducted in the following cases:

a) Establishment of a new Mediation Group;

b) The Mediation Group Leader ceases to act as a mediator or as the Mediation Group Leader.

2. Organization of the election of the Mediation Group Leader:

The meeting to elect the Mediation Group Leader shall be chaired by the Head of the Mass Mobilization Committee and carried out as follows:

a) Mediators attending the meeting shall agree on the list of persons proposed for election as the Mediation Group Leader, select the voting method, and agree on the list of the Counting Team in case of secret ballot voting;

b) In the case of open voting to elect the Mediation Group Leader, the Head of the Mass Mobilization Committee shall count the number of voters, prepare minutes of the voting results (Model No. 04 attached to this Joint Resolution);

c) In the case of secret ballot voting to elect the Mediation Group Leader, the Counting Team shall perform the tasks of distributing ballots, disseminating voting rules, collecting ballots, and conducting counting immediately after the voting ends; prepare minutes of the counting (Model No. 05 attached to this Joint Resolution).

3. Results of the election of the Mediation Group Leader:

a) The person proposed to be recognized as the Mediation Group Leader must obtain more than 50% agreement from the mediators of the Mediation Group and have the highest number of votes.

Within five days from the date of organizing the meeting to elect the Mediation Group Leader, the Head of the Mass Mobilization Committee shall prepare a proposal to recognize the Mediation Group Leader (Model No. 07 attached to this Joint Resolution), accompanied by the minutes of the counting or the minutes of the voting results regarding the election of the Mediation Group Leader, and send it to the Chairman of the People's Committee at the commune level. Within five working days from the date of receipt of the proposal to recognize the Mediation Group Leader, the Chairman of the People's Committee at the commune level shall examine and decide.

b) In the event that none of the candidates for the Mediation Group Leader position achieves more than 50% agreement from the mediators, two candidates with the highest number of votes shall be re-elected; if there are two candidates with the same highest number of votes and achieving more than 50% agreement from the mediators, a re-election between these two candidates shall be conducted. The re-election shall be conducted immediately at the meeting specified in Clause 2 of this Article.

Article 14. Ceasing to Act as a Mediator

1. Within ten days from the date of receiving the request from the Mediation Group Leader to cease acting as a mediator, the Head of the Mass Mobilization Committee shall chair, coordinate with the village head and the Ward Chief to examine, verify, prepare a proposal for the Chairman of the People's Committee at the commune level to issue a decision to cease acting as a mediator (Model No. 08 attached to this Joint Resolution).

For cases of ceasing to act as a mediator as stipulated in Points b and c of Clause 1 of Article 11 of the Law on Mediation at the Grassroots Level, if the Head of the Mass Mobilization Committee, the village head, and the Ward Chief do not agree with the request of the Mediation Group Leader or the Head of the Mass Mobilization Committee and the village head do not reach an agreement with each other regarding the request of the Mediation Group Leader, then the Head of the Mass Mobilization Committee shall notify the Mediation Group Leader, clearly stating the reasons for disagreement, and report to the Chairman of the People's Committee at the commune level for examination and decision (Model No. 09 attached to this Joint Resolution).

2. Within five working days from the date of receipt of the proposal or report on ceasing to act as a mediator, the Chairman of the People's Committee at the commune level shall examine and decide.

3. In the case of disagreement with the request of the Mediation Group Leader to cease acting as a mediator, the mediator may propose that the Head of the Mass Mobilization Committee chair, coordinate with the village head and the Ward Chief to examine and resolve the matter.

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Joint Resolution shall take effect from January 10, 2015.

Article 16. Implementation Organization

1. The Ministry of Justice and the Standing Committee of the Vietnam Fatherland Front Central Committee shall provide advisory support to the Government and the Vietnam Fatherland Front Central Committee to coordinate, guide, monitor, urge, and inspect the implementation of this Joint Resolution.

2. Provincial People's Committees and Vietnam Fatherland Front Committees at provincial and centrally-administered city levels shall be responsible for coordinating the implementation of tasks as prescribed in this Joint Resolution at their respective localities.

3. The funds for implementing the coordinated tasks as prescribed in this Joint Resolution shall be provided from the state budget within the annual budget of the agencies and organizations and other legitimate sources, in accordance with current laws.