Directive No. 03/CT-BTP on Strengthening Mediation at the Grassroots Level

DIRECTIVE

On Strengthening Grassroots Mediation Work

Implementing Ordinance No. 09/1998/PL-UBTVQH10 dated December 25, 1998 of the Standing Committee of the National Assembly on the organization and operation of grassroots mediation (hereinafter referred to as the Ordinance) and Decree No. 160/1999/NĐ-CP dated October 18, 1999 of the Government detailing certain provisions of the Ordinance on the organization and operation of grassroots mediation (hereinafter referred to as the Decree), in recent years, the organization and operation of grassroots mediation throughout the country have seen many positive changes. The mediation team network has been widely established; state management of mediation from central to local levels has been given attention and gradually become systematic; the quality and effectiveness of operations have continuously improved, with over 80% successful mediations annually; grassroots mediation activities have promptly resolved many cases of law violations, minor conflicts, and disputes among the people, thereby contributing to reducing the number of cases and matters transferred to competent state agencies for resolution, maintaining unity and solidarity within the community, promoting direct democracy of the people in their communities, fostering consensus and stability, and driving economic and social development at the local level.

However, through the summary of grassroots mediation work, it is noted that alongside the achievements made, there are still some limitations such as: The mediation network is not evenly distributed, the number of members in mediation teams is insufficient; mediation teams in some places operate in a formalistic manner, leading to low effectiveness; a portion of mediation team members lack legal knowledge and mediation skills, resulting in subpar mediation quality; funding for mediation work, incentives, and training for mediation team members have not been adequately and timely provided in many places; record-keeping and statistics of cases have not been systematically conducted, many mediation teams have not maintained records, and have not updated information about mediation cases fully, causing difficulties in management. These limitations have significantly affected the position of this work in society, making many people unwilling and less enthusiastic about participating in grassroots mediation activities.

The fundamental reasons for the limitations in grassroots mediation work in recent times are: Incomplete laws on the organization and operation of grassroots mediation, some provisions in the Ordinance and the Decree regarding mediation work are vague and not specific enough, leading to inconsistent application; state management of grassroots mediation organization and operation has not been sufficiently focused in some places; Provincial Departments of Justice in some areas have not been proactive and have not effectively advised provincial People's Committees in managing grassroots mediation work; Mediation teams have not been promptly organized, their operations have been unregulated, and their effectiveness has been low; some local authorities have not deeply recognized the importance of grassroots mediation work to social life, thus lacking leadership, guidance, investment in funds, and infrastructure for this work; Vietnam Fatherland Front and its affiliated organizations at all levels have not clearly understood their roles in mediation work, leading to loose cooperation with administrative authorities in consolidating mediation teams and creating conditions for grassroots mediation activities.

To successfully implement the Resolution of the 11th National Party Congress, Directive No. 32-CT/TW dated December 9, 2003 of the Central Committee of the Communist Party of Vietnam on strengthening the Party's leadership in legal education and raising awareness of law compliance among cadres and the public, and Resolution No. 49-NQ/TW dated June 2, 2005 of the Politburo on the strategy for judicial reform until 2020, emphasizing the need to maintain internal unity among the people, promote healthy cultural values, and contribute to deepening and making practical the "All People United for the Building of a Cultural Life" movement and other mass mobilization movements, while addressing existing shortcomings and enhancing the position, role, and effectiveness of grassroots mediation work, the Minister of Justice issues the following directive:

1. Enhance the dissemination of laws on grassroots mediation to raise awareness and responsibility of all levels, sectors, and the entire society regarding this field

The People's Committees of provinces and centrally-administered cities (hereinafter referred to as the Provincial People's Committee) shall instruct the Departments of Justice, People's Committees of districts, towns, and cities under provinces (hereinafter referred to as the District People's Committee), and People's Committees of communes, wards, and towns (hereinafter referred to as the Commune People's Committee) to strengthen propaganda and wide dissemination of the Party's policies and State laws on grassroots mediation to further enhance societal understanding, particularly among grassroots residents, of the significance and importance of this work, thereby increasingly utilizing mediation methods to resolve disputes and conflicts within the community. Recognize mediation work as one of the important tasks contributing positively to ensuring social order and safety in communities and residential areas, and strengthen responsibilities, seek leadership attention from Party committees at all levels, ensure appropriate investment from the government, and closely coordinate with the Vietnam Fatherland Front and other social organizations to create a comprehensive strength of the entire political system for grassroots mediation work.

2. Focus on building and perfecting the institutional framework and implementing laws on grassroots mediation

a) The Department of Legal Propaganda and Education shall take the lead and cooperate with relevant agencies, units, and organizations to study and complete theoretical and practical foundations, prepare for drafting the Draft Law on Grassroots Mediation; develop and submit to the Minister of Justice for promulgation criteria for evaluating the quality of mediation cases.

b) The Department of Justice takes the initiative and actively advises the People's Committee at the same level to issue guiding documents to effectively implement the provisions of the law on grassroots mediation; organize comments on draft Law on Grassroots Mediation, criteria for evaluating the quality of mediation cases, and organize implementation when they are issued.

3. Strengthen and improve the organizational system and enhance the capacity of civil servants managing and members of Grassroots Mediation Teams.

a) The Cadre Organization Division shall take the lead, coordinate with the Popularization and Legal Education Division and relevant agencies to continue to improve and supplement civil servants responsible for managing grassroots mediation work of the Popularization and Legal Education Division - Ministry of Justice to meet the requirements and tasks of this work in the future.

b) The Provincial People's Committee is responsible for directing the Provincial Department of Home Affairs, the Department of Justice, the District People's Committees, and the Commune People's Committees to strengthen and improve the organization and supplement cadres and civil servants performing the task of monitoring, managing, and guiding grassroots mediation work of the functional units under the Department of Justice, the Justice Departments, and civil servants in charge of Justice and Household Registration; review, strengthen, and improve the organization and members of Grassroots Mediation Teams; ensure that every village, hamlet, commune, ward, and community has at least one Grassroots Mediation Team; unify the model of Grassroots Mediation Teams in villages, hamlets, communes, wards, and communities according to the provisions of the Ordinance; organize evaluation and replication of effective mediation models in operation in recent times.

c) Propose the Central Committee of the Vietnam Fatherland Front, the Central Women's Union of Vietnam, the Central Veterans' Association of Vietnam, the Central Farmers' Union of Vietnam, and the Central Association of the Elderly of Vietnam to cooperate with the Ministry of Justice in directing and guiding subordinate organizations to cooperate with judicial authorities at the same level in strengthening and improving the organization and enhancing the effectiveness of grassroots mediation activities; encourage and create conditions for members and affiliates to actively participate in grassroots mediation activities.

d) The Popularization and Legal Education Division, the Department of Justice, and the Justice Departments shall be responsible for:

- Advising the leadership of the Ministry of Justice and the People's Committee at the same level to direct and guide the consolidation and investment in equipping books and legal materials for Village, Ward, and Town Legal Libraries; pay attention to building models of Village Legal Libraries at communal cultural houses, reading points in hamlets, communes, wards, and communities; promote the role of family libraries... to provide conditions for members of Grassroots Mediation Teams to self-study and research to enhance their legal knowledge as well as mediation skills and expertise.

- Regularly advising the leadership of the Ministry of Justice, the Provincial People's Committees, and District People's Committees to organize contests for "Outstanding Mediators".

- Compiling and providing legal materials, skills, and expertise in mediation for Grassroots Mediation Teams.

- Reforming methods, regularly organizing training and upgrading courses on Party policies, state laws, and mediation skills and expertise for members of Grassroots Mediation Teams.

4. Enhance the quality and effectiveness of grassroots mediation activities.

a) Strengthen coordination between Grassroots Mediation Teams and Mass Mobilization Teams, Women's Branches, Veterans' Branches, and Farmers' Branches in mediation activities.

b) Mobilize and encourage lawyers, legal experts, and people who understand the law to actively participate in grassroots mediation activities.

c) Strive for over 90% of Grassroots Mediation Teams to operate effectively each year, with more than 85% of mediation cases resolved successfully.

d) The Legal Aid Bureau, the Department of Justice shall direct and guide the legal aid network to actively participate in grassroots mediation activities through local legal aid activities; strengthen cooperation between Legal Aid Clubs and Grassroots Mediation Teams.

5. Increase investment in infrastructure and funding for grassroots mediation work.

a) All levels of People's Committees shall increase investment in funding and infrastructure, mobilize funding from organizations and individuals to support grassroots mediation activities; establish and promulgate regulations on incentives for members of Grassroots Mediation Teams; guide and direct poor districts to properly allocate and use funds for grassroots mediation activities according to Decision No. 52/2010/QĐ-TTg dated August 18, 2010, of the Prime Minister on legal support policies to enhance awareness and understanding of the law among the poor and ethnic minorities in poor districts during the period 2011-2020.

b) The Department of Justice, Justice Departments, and civil servants in charge of Justice and Household Registration shall coordinate with financial authorities at the same level to guide the establishment, inspection, management, and use of funds to ensure grassroots mediation activities according to Circular Joint No. 73/2010/TTLT-BTC-BTP dated May 14, 2010, of the Ministry of Finance and the Ministry of Justice on guidelines for establishing, managing, using, and settling accounts for funds to ensure popularization and legal education work.

6. Implement well the inspection work and information, reporting, and statistical systems; periodically conduct mid-term reviews, final summaries, and awards for collectives and individuals with outstanding achievements in grassroots mediation work.

The Department of Justice and Justice Departments shall regularly build plans and organize inspections of grassroots mediation work within their jurisdiction every six months and annually. Strictly and correctly implement the information, reporting, and statistical systems on grassroots mediation activities according to the regulations and guidance of the Ministry of Justice. Direct, guide, and organize the implementation of mid-term reviews, final summaries, and awards for grassroots mediation activities according to the law; ensure that all districts and communes have annual summaries of mediation work. Launch a movement of excellence and commendation and awards for collectives and individuals with outstanding achievements in grassroots mediation work.

This Directive shall take effect from the date of signature. Heads of units under the Ministry, Chairpersons of People's Committees at all levels, Directors of Justice Departments, Heads of Legal Departments, Notary-Public officials, and relevant agencies and organizations within their respective functions and duties are responsible for strictly implementing this Directive.

The Head of the Popularization and Legal Education Department is responsible for monitoring, urging, inspecting, and periodically reporting to the Ministry's leadership on the implementation of this Directive./.