Decree No. 16/2021/NĐ-CP detailing the level of collection, procedures for collecting, submitting, managing, and using mediation and dialogue costs at courts and remuneration for mediators at courts

DECREE

DETAILING THE LEVEL OF COLLECTION, PROCEDURES AND PROCEDURES FOR COLLECTION, PAYMENT, MANAGEMENT AND USE OF COSTS FOR CONCILIATION AND DISCUSSION AT COURTS AND COMPENSATION FOR COURT CONCILIATORS

On the basis of Law on Government Organization dated June 19, 2015;

On the basis of Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration dated November 22, 2019;

On the basis of Law on Conciliation and Discussion at Courts dated June 16, 2020;

On the basis of Law on State Budget Management dated June 25, 2015;

At the proposal of the Minister of Finance,

The Government promulgates this Decree detailing the level of collection, procedures and procedures for collection and payment, management and use of costs for conciliation and discussion at courts as stipulated in Clause 2, Article 9 of the Law on Conciliation and Discussion at Courts; and compensation for court conciliators as stipulated in Point k, Clause 1, Article 14 of the Law on Conciliation and Discussion at Courts.

Article 1. Scope of Regulation

1. People's Courts, Court Conciliators (hereinafter referred to as Conciliators), and parties participating in conciliation and discussion at courts.

Article 2. Applicability

2. Agencies, organizations, and individuals related to the activities of conciliation and discussion at courts as prescribed by the Law on Conciliation and Discussion at Courts.

Article 3. Costs for conciliation and discussion at courts as stipulated in

Clause 2, Article 9 of the Law on Conciliation and Discussion at Courts 1. Costs for conciliation of disputes concerning business and trade with value thresholds as stipulated in Point a, Clause 2, Article 9 of the Law on Conciliation and Discussion at Courts include:

a) Compensation for Conciliators, administrative expenses serving the conciliation process (office supplies, drinking water, postal and telecommunications charges directly serving the conciliation process);

b) Other costs as stipulated in Clause 2, Article 3 of this Decree.

2. For other conciliation and discussion cases, the parties participating in conciliation and discussion at courts must bear costs in the following situations:

a) Costs when the parties participating in conciliation and discussion agree to choose a location outside the court premises as stipulated in Point b, Clause 2, Article 9 of the Law on Conciliation and Discussion at Courts, including: Travel expenses, accommodation allowances, room rental fees for Conciliators; venue rental fees and other direct service costs arising from the conciliation and discussion process;

b) Costs when Conciliators examine the status of assets related to civil cases or administrative complaints located outside the administrative boundaries of the province where the court has jurisdiction over the conciliation and discussion case as stipulated in Point b, Clause 2, Article 9 of the Law on Conciliation and Discussion at Courts, including: Travel expenses, accommodation allowances, room rental fees for Conciliators; equipment rental fees, machine rental fees, or fees for hiring units or organizations with relevant functions to serve the examination of asset status;

c) Translation costs for foreign languages as stipulated in Point c, Clause 2, Article 9 of the Law on Conciliation and Discussion at Courts, including: Fees for hiring translators, interpreting from foreign languages to Vietnamese and vice versa.

Article 4. Level of collection for costs for conciliation and discussion at courts

1. The level of collection for compensation for Conciliators and administrative expenses serving the conciliation process of business and trade disputes with value thresholds at courts as stipulated in Point a, Clause 1, Article 3 of this Decree is 2,000,000 VND per case.

2. The level of collection for the contents specified in Clause 2, Article 3 of this Decree is determined as follows:

a) For items with existing regulations, standards, and budget norms prescribed by competent state agencies: The level of collection is based on the regulations, standards, and norms of the competent state agencies;

b) For other items: The level of collection is based on actual expenses incurred and legitimate invoices and receipts in accordance with the law, ensuring compliance with current laws on regular procurement to maintain the operations of state agencies and units.

b) For other expenses: The revenue level is based on actual occurrences and lawful invoices and documents in accordance with the provisions of the law, ensuring compliance with current legal regulations on regular procurement to maintain the operations of state agencies and units.

Article 5. Obligation to Pay Mediation and Dialogue Costs at the Court

1. The parties participating in mediation and dialogue at the court shall have the obligation to pay the costs prescribed in Article 3 of this Decree according to the ratio agreed upon by the parties.

2. In case of failure to reach an agreement, the parties shall have the obligation to pay the costs prescribed in Article 3 of this Decree equally.

Article 6. Authority to Collect Mediation and Dialogue Costs at the Court

The court where the mediation and dialogue case is being resolved shall organize the collection of mediation and dialogue costs at the court.

Article 7. Procedure for Collection and Advance Payment of Mediation and Dialogue Costs at the Court

1. The court where the mediation case is being resolved shall notify the parties participating in mediation at the court regarding commercial and trade disputes with a certain value of their obligation to make advance payment of the costs prescribed in Clause 1 of Article 4 of this Decree at least one day before the first mediation session.

2. When the parties participating in mediation and dialogue request the mediator to conduct activities that generate costs as prescribed in Clause 2 of Article 3 of this Decree: The court where the mediation and dialogue case is being resolved shall determine the amount to be collected based on Clause 2 of Article 4 of this Decree and notify the parties participating in mediation and dialogue to make advance payment of the costs according to the ratio prescribed in Article 5 of this Decree before conducting such activities.

3. The court where the mediation and dialogue case is being resolved shall be responsible for notifying the parties participating in mediation and dialogue of the following information:

a) The amount of advance payment, time, and method of payment;

b) The methods of payment include depositing into the court's account at the State Treasury where the transaction takes place or paying cash at the court.

Article 8. Handling of Advance Payment of Mediation and Dialogue Costs at the Court

1. The advance payments collected for mediation and dialogue costs at the court shall be used to cover the costs for serving mediation and dialogue as prescribed in Article 3 of this Decree. If there is a surplus after covering the costs for serving mediation and dialogue according to the regulations stipulated in Article 7 of this Decree, the parties participating in mediation and dialogue shall receive the remaining portion of the funds corresponding to the ratio of the costs they paid; if there is a shortage, the parties participating in mediation and dialogue shall supplement the remaining portion of the funds corresponding to the ratio prescribed in Article 5 of this Decree.

2. For cases successfully mediated and dialogued as prescribed in Clause 1 of Article 40 of the Mediation and Dialogue Law at the Court, the court where the mediation and dialogue case is being resolved shall be responsible for:

a) Summarizing the use of mediation and dialogue costs paid by the parties and informing the parties about receiving the remaining funds or supplementing the missing funds at the session recording the successful mediation and dialogue results;

b) Proceeding to pay out the remaining funds or collect the missing funds at the session recording the successful mediation and dialogue results.

3. For cases terminated as prescribed in Clauses 2, 3, 4, 5, and 6 of Article 40 of the Mediation and Dialogue Law at the Court, the court where the mediation and dialogue case is being resolved shall be responsible for summarizing the use of mediation and dialogue costs paid by the parties and informing the parties participating in mediation and dialogue about receiving the remaining funds or supplementing the missing funds after terminating mediation and dialogue as prescribed in Article 41 of the Mediation and Dialogue Law at the Court. The court's notification must include the time, location, and method of paying out the remaining funds or collecting the missing funds.

Article 9. Remuneration for Mediators

1. Mediators shall be paid remuneration on a case-by-case basis after conducting mediation and dialogue sessions in accordance with the provisions of the Law on Mediation and Dialogue at Courts.

2. The level of remuneration for Mediators:

a) For cases where mediation and dialogue are terminated according to Clause 1, Article 40 of the Law on Mediation and Dialogue at Courts: Mediators shall receive specific remuneration within the range from VND 1,000,000 per case up to a maximum of VND 1,500,000 per case;

b) For cases where mediation and dialogue are terminated according to Clause 6, Article 40 of the Law on Mediation and Dialogue at Courts: Mediators shall receive specific remuneration within the range from VND 500,000 per case up to less than VND 1,000,000 per case;

The Supreme People's Court shall guide the People's Courts in disbursing specific remuneration as stipulated in points a and b of Clause 2, Article 9 of this Decree based on the number of mediation and dialogue sessions and the complexity of the mediation and dialogue cases.

c) For cases where mediation and dialogue are terminated according to Clauses 2, 3, 4, and 5 of Article 40 of the Law on Mediation and Dialogue at Courts: Mediators shall receive remuneration of VND 500,000 per case.

3. The court resolving the mediation and dialogue case shall pay remuneration to the Mediator after conducting mediation and dialogue and terminating mediation and dialogue in accordance with Article 40 of the Law on Mediation and Dialogue at Courts.

Article 10. Management and Use of Mediation and Dialogue Costs at Courts

1. Revenue and expenditure costs for mediation and dialogue at courts, collected from the parties involved in mediation and dialogue in accordance with Articles 7 and 8 of this Decree, shall be used to cover the costs for serving mediation and dialogue activities as specified in Article 3 of this Decree; they shall not be used for other purposes or expenditures.

2. When organizing the collection and expenditure of mediation and dialogue costs at courts, the People's Court where the mediation and dialogue case is resolved must implement accounting vouchers; maintain complete records of revenue and expenditure for mediation and dialogue activities at courts in accordance with current administrative and public service accounting regulations; and bear responsibility for managing and using mediation and dialogue costs at courts in accordance with the prescribed regulations.

Article 11. Effective Date

1. This Decree takes effect from the date of issuance.

2. The policies stipulated in this Decree shall take effect from the date the Law on Mediation and Dialogue at Courts comes into force.

3. All levels of People's Courts, the Ministry of Finance, and related agencies, organizations, and individuals shall be responsible for implementing this Decree.