Ordinance No. 09/1998/PL-UBTVQH10 On the organization and operation of grassroots mediation

ORDINANCE

On the organization and operation of grassroots mediation

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To promote the tradition of solidarity, mutual assistance within the community, to enhance the results of resolving minor violations of law and disputes among the people at the grassroots level, contributing to preventing and reducing violations of law, maintaining social order and safety, and reducing cases that need to be adjudicated by courts;

Based on the Constitution of the Socialist Republic of Vietnam in 1992;

Based on the Resolution of the 10th National Assembly, second session regarding the legislative program for laws and ordinances in 1998;

This Ordinance stipulates on the organization and operation of grassroots mediation,

PART I

GENERAL PROVISIONS

Article 1. Mediation

Grassroots mediation is the guidance, assistance, and persuasion of parties to reach agreements and voluntarily resolve minor violations of law and disputes in order to maintain unity within the people, prevent and reduce violations of law, and ensure social order and safety within the community.

Article 2. Forms of mediation

Grassroots mediation is carried out through the activities of Mediation Teams or other suitable organizations of the people in villages, neighborhoods, hamlets, wards, and other residential communities in accordance with the law, social ethics, and good customs and traditions of the people.

The State creates conditions and encourages mediation activities and forms of mediation in the community.

Article 3. Scope of mediation

1-Mediation shall be conducted for minor violations of law and disputes within the community, including:

a)Conflicts and disputes between individuals;

b)Disputes concerning rights and interests arising from civil relations, marriage, and family;

c)Other violations of law that, according to the law, have not reached the level requiring criminal or administrative measures.

2-The following cases shall not be mediated:

a)Criminal offenses, except where the victim does not request criminal prosecution and is not subject to administrative penalties by competent state agencies as provided by law;

b)Acts violating the law subject to administrative penalties;

c)Violations of law and disputes that, according to the law, shall not be mediated.

3-Prohibition of any actions exploiting mediation to evade criminal or administrative penalties.

Article 4. Principles of mediation

Mediation shall be conducted in accordance with the following principles:

1-In conformity with the Party's policies, state laws, social ethics, and good customs and traditions of the people;

2-Respect for the voluntary consent of the parties; no coercion or imposition on disputing parties to engage in mediation;

3-Objectivity, fairness, reasonableness, and respect for privacy; respect for the lawful rights and interests of others; no infringement upon the interests of the State or public interests;

4-Timeliness, initiative, and persistence to prevent violations of law, mitigate potential adverse consequences, and achieve mediation outcomes.

Article 5. Role of the Vietnam Fatherland Front Committee, member organizations of the Front, other social organizations, economic organizations, state agencies, and citizens in mediation work

The Vietnam Fatherland Front Committee, member organizations of the Front, other social organizations, economic organizations, state agencies, military units, and citizens have the responsibility to closely coordinate with relevant state agencies, mobilize the people to build and consolidate Mediation Teams and other mediation organizations of the people in the community; assist and create conditions for grassroots mediation activities; participate in mediation in accordance with the law.

Article 6. State Management of Mediation Work

1. The contents of state management of mediation work include:

a) Issuing legal documents on the organization and operation of mediation;

b) Providing guidance on the organization and operation of mediation;

c) Organizing training on the Party's policies and state laws, enhancing mediation skills for those involved in mediation work;

d) Summarizing and concluding on mediation work.

2. The Government shall uniformly manage state affairs concerning mediation nationwide.

The Ministry of Justice shall be responsible before the Government to implement state management of mediation at the grassroots level; directing and guiding People's Committees at all levels to carry out state management of mediation in localities.

Chapter II

LOCAL MEDIATION GROUP AND MEDIATION GROUP MEMBERS

Article 7. Mediation Team

1. The grassroots-level mediation team is a self-management organization of the people established in villages, hamlets, communes, wards, and other clusters of residents to mediate violations of law and minor disputes among the people according to the provisions of the law.

2. The mediation team has a team leader and members selected and introduced by the Vietnam Fatherland Front Committee of the commune, ward, town in coordination with member organizations of the Front for the people to elect and recognized by the same-level People's Committee.

The Government shall provide detailed regulations on the procedures for electing, appointing, and dismissing the team leader and members of the mediation team.

Article 8. Leader of the Mediation Team

1. The leader of the mediation team is responsible for managing the mediation team and participates in mediation activities as a team member.

2. The leader of the mediation team shall perform the following tasks:

a) Assigning, coordinating, and cooperating in the activities of team members; coordinating activities with other mediation teams when deemed necessary;

b) Organizing lessons learned from mediation work;

c) Reporting to the People's Committee, the Vietnam Fatherland Front Committee of the commune, ward, town on mediation work.

Article 9. Standards for Mediation Team Members

Mediation team members shall meet the following standards:

1. Having good moral qualities, strictly adhering to the Party's guidelines and state laws, and having credibility among the people;

2. Possessing the ability to persuade and mobilize the people to comply with policies and laws;

3. Voluntarily participating in the mediation organization, having a sense of responsibility and enthusiasm in mediation work.

Chapter III

MEDIATION ACTIVITIES

Article 10. Conducting Mediation

Mediation shall be conducted in the following cases:

1. Mediation team members initiate mediation or organize mediation based on their own initiative;

2. Based on the initiative of the mediation team leader;

3. At the request of another agency, organization, or individual;

4. At the request of one or both parties in dispute.

Article 11. Mediator

Mediation may be conducted by one or more mediation team members. In necessary cases, mediation team members may invite individuals outside the mediation team to participate in mediation.

Article 12. Mediating Disputes Among Parties in Different Clusters of Residents

In cases where disputing parties belong to different clusters of residents with separate mediation teams, these teams shall cooperate to conduct mediation.

Article 13. Methods of Mediation

Mediation shall be conducted in the following manner:

1. Through verbal communication;

2. In cases where the parties request it or agree to it, mediation team members shall record the mediation process in a written report;

3. Depending on specific circumstances, mediation team members may conduct mediation by meeting with each party individually or collectively;

4. After understanding the matter, identifying the cause of the conflict, consulting relevant individuals, agencies, and organizations, listening to the opinions of the parties, mediation team members shall analyze and persuade the parties to reach an agreement that complies with the law, social ethics, and good customs and practices of the people, and voluntarily fulfill this agreement.

Article 14. Termination of Mediation

Mediation shall be terminated when the parties reach an agreement and voluntarily implement it.

The mediator shall encourage and persuade the parties to implement the agreement.

Chapter IV

REWARD AND VIOLATION HANDLING

Article 15. Awards

1-Mediation teams and mediators who have achievements in mediation work shall be rewarded.

2-Organizations and individuals who have achievements in building, consolidating organizations, and enhancing the effectiveness of grassroots mediation organizations, and actively participating in mediation shall be rewarded.

Article 16. Handling Violations

Any person who violates this Ordinance and other regulations of the law on grassroots mediation shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the provisions of the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 17. Scope of Application

1-This Ordinance applies to the organization and operation of grassroots mediation teams.

For grassroots mediation teams established before the effective date of this Ordinance, their organizational structure shall be improved and their role in mediation activities enhanced based on the provisions of this Ordinance.

2-The provisions of this Ordinance shall apply to the mediation activities of other appropriate people's organizations in community-based grassroots areas.

Article 18. Effective Date

This Ordinance takes effect from the date of publication.

Previous regulations contrary to this Ordinance are abolished.

Article 19. Guidance for Implementation of the Ordinance

The Government shall coordinate with the Vietnam Fatherland Front Central Committee to provide guidance for the implementation of this Ordinance./.