Decree No. 15/2014/NĐ-CP detailing certain provisions and measures for implementing the Law on Mediation at the Grassroots Level

DECREE

Detailed regulations on certain provisions and implementation measures

Law on Mediation at Grassroots Level

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

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

At the proposal of the Minister of Justice,

The Government promulgates this Decree providing detailed provisions for certain articles and measures to implement the Law on Mediation at Grassroots Level.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed provisions on the scope of mediation at grassroots level; financial support for mediation work at grassroots level, mediators, and certain measures to implement the Law on Mediation at Grassroots Level.

Article 2. Encouraging individuals to participate in mediation at grassroots level

Individuals with prestige in their families, clans, or communities who participate in mediation at grassroots level shall be supported by the State with materials and provided with legal education to serve mediation activities at grassroots level; they shall be rewarded when actively participating in mediation activities at grassroots level in accordance with Point d Clause 1, Point d Clause 2, and Point d Clause 3 of Article 4 of this Decree.

Article 3. Encouraging organizations and individuals to contribute and support mediation work at grassroots level

1. Organizations and individuals contributing and supporting mediation work at grassroots level shall be provided with free information about relevant policies and laws by the State; they shall be rewarded when actively contributing and supporting mediation work at grassroots level in accordance with Point d Clause 1, Point d Clause 2, and Point d Clause 3 of Article 4 of this Decree.

2. Organizations of the Vietnam Bar Association, the Vietnam Lawyers' Association, other social-professional organizations related to law, law firms, and legal advisory organizations shall provide materials to serve mediation activities at grassroots level; disseminate laws on mediation at grassroots level; train mediators on legal knowledge and mediation skills; and facilitate members of their organizations to participate in mediation at grassroots level, all of which shall be rewarded in accordance with Point d Clause 1, Point d Clause 2, and Point d Clause 3 of Article 4 of this Decree.

Article 4. Responsibilities of People's Committees at various levels in managing mediation at grassroots level

1. Provincial People's Committees (hereinafter referred to as Provincial People's Committee) shall have the following responsibilities:

a) To take the lead and coordinate with Provincial People's Councils for Vietnam Fatherland Front (hereinafter referred to as Provincial People's Council for Vietnam Fatherland Front) in guiding and organizing the implementation of legal documents on mediation at grassroots level within their jurisdiction;

b) To compile and provide materials to support mediation work at grassroots level; organize training, capacity building, and guidance on the performance of state management tasks related to mediation at grassroots level for district-level People's Committees; guide district-level People's Committees in organizing training, capacity building, and updating legal knowledge, skills, and mediation practices for mediators in accordance with the guidelines of the Ministry of Justice;

c) To aggregate and submit budget estimates for financial support for mediation work at grassroots level in their locality for consideration and decision by the same-level People's Council;

d) To take the lead and coordinate with Provincial People's Council for Vietnam Fatherland Front in organizing inspections, mid-term reviews, final evaluations, and rewards for mediation at grassroots level in accordance with laws on commendation and reward; receive and implement rewards for organizations and individuals contributing and supporting mediation work at grassroots level in their province or centrally-administered city; consider and decide rewards for organizations and individuals participating, contributing, and supporting mediation work at grassroots level in districts, counties, towns, and cities under provinces based on proposals from district-level People's Committees; periodically every six months and annually, or upon request, conduct statistics and report to the same-level People's Council and the Ministry of Justice on the results of implementing laws on mediation at grassroots level.

2. District-level People's Committees (hereinafter referred to as District-level People's Committee) shall have the following responsibilities:

a) To take the lead and coordinate with District-level People's Council for Vietnam Fatherland Front in guiding and organizing the implementation of legal documents on mediation at grassroots level within their jurisdiction; guide the integration of the implementation of laws on mediation at grassroots level into the formulation and implementation of village regulations and community agreements; provide free materials and information about relevant policies and laws to organizations and individuals specified in Clause 1 of Article 3 of this Decree;

b) To organize training, capacity building, and guidance on the performance of state management tasks related to mediation at grassroots level for commune-level People's Committees; organize training, capacity building, and updating legal knowledge, skills, and mediation practices for mediators in accordance with the guidelines of the Department of Justice;

c) To aggregate and submit budget estimates for financial support for mediation work at grassroots level in their locality for consideration and decision by the same-level People's Council or competent authority;

d) To take the lead and coordinate with District-level People's Council for Vietnam Fatherland Front in organizing inspections, mid-term reviews, final evaluations, and rewards for mediation at grassroots level in accordance with laws on commendation and reward; receive and implement rewards or propose provincial-level People's Committees to reward organizations and individuals participating, contributing, and supporting mediation work at grassroots level in their district, county, town, or city when necessary; consider and decide rewards for organizations and individuals participating, contributing, and supporting mediation work at grassroots level in communes, towns, and wards based on proposals from commune-level People's Committees; periodically every six months and annually, or upon request, conduct statistics and report to the same-level People's Council and the Department of Justice on the results of implementing laws on mediation at grassroots level.

3. Commune-level People's Committees (hereinafter referred to as Commune-level People's Committee) shall have the following responsibilities:

a) To take the lead and coordinate with Commune-level People's Council for Vietnam Fatherland Front in guiding and organizing the implementation of legal documents on mediation at grassroots level; integrate the implementation of laws on mediation at grassroots level into the formulation and implementation of village regulations and community agreements; provide materials and disseminate laws to serve mediation activities at grassroots level for individuals specified in Article 2 of this Decree;

b) Coordinate with the Vietnam Fatherland Front Committee at the commune level to guide the Mass Work Team to cooperate with village chiefs and neighborhood group leaders in establishing and improving mediation teams, recognizing and removing mediation team leaders and mediators;

c) Develop a budget for financial support for mediation activities to be submitted to the People's Council at the same level or the competent authority for examination and decision; implement financial support for mediation activities in communes, wards, and towns;

d) Chair and coordinate with the Vietnam Fatherland Front Committee at the commune level to organize inspections, mid-term reviews, final summaries, and commendations regarding grassroots mediation according to laws on competition and rewards; receive, organize implementation, commend or propose the People's Committee at the district level to commend organizations and individuals participating, contributing, and supporting grassroots mediation work in communes, wards, and towns when necessary; periodically every six months and annually, and ad hoc when required, conduct statistics and report to the People's Council at the same level and the Legal Affairs Office on the results of implementing the law on grassroots mediation;

Chapter II
SCOPE OF GRASSROOTS MEDIATION

Article 5. Scope of Grassroots Mediation

1. Grassroots mediation shall be conducted for the following conflicts, disputes, and violations of the law:

a) Conflicts between parties due to differences in lifestyles, living habits, incompatible temperaments, or conflicts over the use of paths through houses, shared pathways, electricity, water supply, ancillary facilities, daily schedules, causing public hygiene issues, or other reasons;

b) Disputes arising from civil relations such as disputes over ownership rights, civil obligations, civil contracts, inheritance, land use rights;

c) Disputes arising from family relations such as disputes between spouses, parent-child relations, relations between grandparents and grandchildren, among siblings, and among other family members; maintenance payments; determination of parentage; adoption; divorce;

d) Violations of the law that have not reached the level requiring criminal prosecution or administrative violation handling according to the law;

đ) Criminal law violations in the following cases:

Not being prosecuted according to Article 107 of the Criminal Procedure Code and not being administratively penalized by state agencies according to the law;

The law stipulates that prosecution can only occur upon request of the victim, but the victim does not request prosecution according to Article 105(1) of the Criminal Procedure Code and has not been administratively penalized by state agencies according to the law;

Cases that have been prosecuted but subsequently have a decision by the investigative body to terminate the investigation according to Article 164(2) of the Criminal Procedure Code or to terminate the case according to Article 169(1) of the Criminal Procedure Code and have not been administratively penalized by state agencies according to the law;

e) Violations of the law subject to community education measures at the commune, ward, or town level according to Decree No. 111/2013/ND-CP dated September 30, 2013 of the Government on the system of community education measures or those meeting conditions for alternative administrative violation handling measures according to Chapter II Part Five of the Law on Administrative Violation Handling;

g) Other cases not prohibited by law.

2. Mediation shall not be conducted in the following cases:

a) Conflicts and disputes infringing upon the interests of the State and public interests;

b) Violations of the law on marriage and family that must be resolved by state authorities according to the law, or civil transactions violating prohibitions of the law or contravening social morals;

c) Violations of the law that must be criminally prosecuted according to the law, except for the cases specified in Point đ Clause 1 of this Article;

d) Violations of the law that must be administratively penalized according to the law, except for the cases specified in Point e Clause 1 of this Article;

đ) Other conflicts and disputes not covered by grassroots mediation as specified in Point d Clause 1 of Article 3 of the Law on Grassroots Mediation, including:

Commercial dispute mediation shall be carried out in accordance with the Commercial Law and its implementing regulations;

Labor dispute mediation shall be carried out in accordance with the Labor Code and its implementing regulations.

Article 6. Handling cases not within the scope of grassroots mediation

In cases where it is determined that the case does not fall within the scope of mediation as prescribed in Article 3 of the Grassroots Mediation Law and Clause 2, Article 5 of this Decree, the mediator shall explain to the parties the reasons for not mediating and guide the parties to complete the necessary procedures to request resolution from the competent state agency.

Article 7. Guidance on determining the scope of grassroots mediation

In cases where it cannot be determined whether the case falls within the scope of grassroots mediation, the mediator shall propose that the civil servant of Justice - Household Registration provide guidance.

Chapter III
GRASSROOTS MEDIATION ACTIVITIES

Article 8. Conducting mediation between parties in different villages or residential wards

1. In cases where the parties are located in different villages or residential wards, the head of the mediation team or the assigned mediator in those villages or residential wards shall coordinate, exchange information, discuss measures to conduct mediation, and inform the Head of the Mass Organization Work Board at the location to cooperate in resolving the matter.

2. The mediators shall jointly conduct mediation and promptly report the results of mediation to the head of the mediation team.

Article 9. Responsibilities of individuals and organizations in monitoring and urging the implementation of successful mediation agreements

Mediators and heads of mediation teams have the responsibility to implement Article 26 of the Grassroots Mediation Law. In cases where the head of the mediation team reports issues arising during the implementation of successful mediation agreements, the Head of the Mass Organization Work Board shall take the lead, coordinate with village chiefs, residential ward heads, families, clans, and respected persons to mobilize, persuade, and take timely measures to resolve these emerging issues.

Article 10. Handling cases where mediation is unsuccessful

1. In cases where the parties fail to reach an agreement and both parties request continued mediation, the mediator shall continue the mediation process.

2. In cases where the parties fail to reach an agreement and one party requests continued mediation, but there is evidence that continuing mediation will not achieve results, the mediator shall terminate the mediation according to the provisions of Clause 3, Article 23 of the Grassroots Mediation Law and guide the parties to request resolution from the competent state agency as prescribed by law.

3. In cases where the parties request the establishment of a record of unsuccessful mediation, the mediator shall prepare the record, clearly stating basic information about the parties; the main content of the case; the demands of the parties; the reasons for the unsuccessful mediation; the signature of the mediator.

Article 11. Record of grassroots mediation activities

1. The record of grassroots mediation activities shall include the following main contents:

a) Date, month, year of receiving the mediation case;

b) Name, age, address of the parties; persons related to the mediation case;

c) Name of the mediator, person invited to participate in mediation (if any);

d) Main content of the case and demands of the parties;

đ) Result of mediation;

e) Signature of the mediator; witness of the mediation and person invited to participate in mediation (if any).

2. After completing mediation, the mediator shall be responsible for recording the content of the mediation case in the Record of Grassroots Mediation Activities and bear responsibility for the accuracy of the recorded content.

3. The head of the mediation team shall be responsible for retaining, urging the recording of the Record of Grassroots Mediation Activities.

Chapter IV
FINANCIAL SUPPORT FOR GRASSROOTS MEDIATION WORK AND MEDIATORS

Article 12. Funding for grassroots mediation work

The funding for grassroots mediation work as stipulated in Clause 1, Article 6 of the Grassroots Mediation Law shall be implemented as follows:

1. State management funding for grassroots mediation work shall be guaranteed from the state budget according to the current budget decentralization.

2. Provincial-level cities directly under the central government shall allocate their budgets to support funding for grassroots mediation work using local revenue.

3. The central budget shall provide additional funding to provinces that have not yet achieved budget self-balancing to support funding for grassroots mediation work based on the proposal of the provincial People's Committee.

4. The use of funding for grassroots mediation work shall be carried out according to the current budget decentralization.

Article 13. Contents of funding support for mediation teams and mediators

1. Expenses for purchasing office supplies; purchasing and copying documents to serve the activities of mediation teams; organizing meetings, mid-term reviews, and final summaries of the team's activities.

2. Fees paid to mediators per case; expenses to support mediators when they encounter accidents or risks affecting their health or lives while performing mediation activities.

Article 14. Conditions for receiving fees per case of mediators

1. The case or matter has been mediated and concluded as prescribed in Article 23 of the Grassroots Mediation Law.

2. The mediator does not violate obligations stipulated in Article 10 of the Grassroots Mediation Law.

Article 15. Procedures for paying fees to mediators

1. The head of the mediation team prepares a payment request file for the mediator, including: A fee payment request form of the mediator clearly stating the name, address of the mediator; name, address of the mediation team; amount requested for payment; payment content (a list of cases if requesting payment for multiple cases); signature of the mediator; confirmation signature of the head of the mediation team and presenting the grassroots mediation activity tracking book for comparison if necessary.

2. Within five working days from the date of receipt of complete and valid files, the People's Committee at the commune level shall examine, decide, and pay fees to the mediator through the mediation team; in case of deciding not to pay the mediator, a written response with reasons must be provided.

3. The mediation team shall implement the payment of fees to the mediator according to the decision of the People's Committee at the commune level within three days from the date of receipt of the payment.

Article 16. Cases where mediators are supported when encountering accidents or risks affecting health or life during mediation

1. Suffering an accident or risk while performing mediation.

2. Suffering an accident or risk on the way to and from the place of residence to the mediation location along a reasonable route and within a reasonable time frame.

Article 17. Amounts Supported When Mediators Encounter Accidents or Risks Affecting Health or Life During Mediation

1. When mediators suffer accidents or risks affecting their health during grassroots mediation activities, they will be supported as follows:

a) Necessary and reasonable costs for medical treatment, recovery of health, and restoration of lost or diminished functions.

b) Actual income losses; if the actual income of the mediator is unstable or cannot be determined, it will be calculated based on the average daily income of wage earners in urban and rural areas and non-state economic sectors during the period of medical treatment, recovery of health, and restoration of lost or diminished functions.

2. The family of a mediator who suffers loss of life during grassroots mediation activities shall be supported once in cash for expenses related to medical treatment, care, and support before death; the person organizing the funeral shall be supported for funeral expenses.

Article 18. Procedures for providing support when mediators encounter accidents or risks affecting their health or lives while performing mediation activities.

1. The support application file shall be established in one set, including:

a) A request for support from the mediator or the mediator's family in cases where the mediator suffers damage to life, confirmed by the head of the mediation team or the Head of the People's Committee Working Group in cases where the mediator is the head of the mediation team. The request for support must clearly state the name, address of the person requesting support; reasons for requesting support;

b) A record confirming the condition of the mediator who has been involved in an accident, confirmed by the People's Committee of the commune where the accident occurred or the police station where the accident occurred (original or certified copy if sent by post; photocopy and original for comparison if submitted directly);

c) Discharge certificate, medical bills for examination and treatment expenses (original or certified copy if sent by post; photocopy and original for comparison if submitted directly);

d) Valid documents regarding actual income based on monthly salary or wages of the person involved in the accident, confirmed by the organization or individual employing labor to enable the competent state agency to determine the actual income lost or reduced (original or certified copy if sent by post; photocopy and original for comparison if submitted directly), including: Labor contracts, decisions on salary increases by the organization or individual employing labor or statements of actual income of the mediator involved in the accident and other documents proving legitimate actual income (if any);

e) Death certificate in cases where the mediator suffers damage to life (original or certified copy if sent by post; photocopy and original for comparison if submitted directly).

2. Mediators or families of mediators in cases where mediators suffer damage to life shall submit a request for support according to the provisions of Clause 1 of this Article to the People's Committee of the commune that recognized the mediator.

3. Within three working days from the date of receiving complete valid files, the People's Committee of the commune shall examine and issue a written request to the People's Committee of the district along with the request for support file.

4. Within five working days from the date of receiving complete valid files, the Chairman of the People's Committee of the district shall examine and issue a decision on support; in cases where there is no support, a written response must be provided with clear reasons.

5. Not later than three working days from the date of receipt of the decision of the People's Committee of the district, the People's Committee of the commune shall implement the payment of support funds.

Chapter V
IMPLEMENTING PROVISIONS

Article 19. Effective Date and Transitional Provisions

1. This Decree takes effect from April 25, 2014.

This Decree replaces 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 mediation at the grassroots level.

2. Mediation teams established under the Ordinance on the organization and operation of mediation at the grassroots level, but now do not meet the required number and composition as stipulated in Clause 1 of Article 12 of the Law on mediation at the grassroots level, must be supplemented with mediators according to the procedures and formalities prescribed in Article 8 of the Law on mediation at the grassroots level within three months from the date this Decree takes effect.

Article 20. Responsibility for Implementation

1. The Minister, the Heads of Ministries equivalent to Ministries, the Heads of agencies under the Government, the Chairmen of Provincial People's Committees, and Municipal People's Committees directly under the Central Government shall organize the implementation of the provisions of this Decree according to their assigned functions, tasks, powers.

2. The Ministry of Finance shall take the lead and coordinate with the Ministry of Justice to guide the establishment, management, use, and settlement of state budget funds allocated for grassroots mediation work; procedures, documents, remuneration levels for mediators, and support for mediators when encountering accidents or risks affecting their health or lives while performing mediation activities.