Decree No. 160/1999/ND-CP detailing certain provisions of the Ordinance on the Organization and Operation of Mediation at the Grassroots Level

DECREE

Regulations on some provisions of the Ordinance on Organization and Activities of Mediation at the Grassroots Level

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THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Ordinance on Organization and Activities of Mediation at the Grassroots Level dated December 25, 1998;

At the proposal of the Minister of Justice after reaching consensus with the Central Committee of the Vietnam Fatherland Front,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Application

1. This Decree provides detailed regulations on some provisions regarding the organization and activities of mediation as stipulated in the Ordinance of the Standing Committee of the National Assembly No. 09/1998/PL-UBTVQH dated December 25, 1998 on Organization and Activities of Mediation at the Grassroots Level.

2. The provisions of this Decree shall not apply to mediation activities during court proceedings of the People's Courts and economic arbitration.

Article 2. Mediation at the Grassroots Level

1. Mediation at the grassroots level is the guidance, assistance, and persuasion of disputing parties to reach an agreement and voluntarily resolve issues that violate the law and minor disputes in order to maintain unity within the people, consolidate and promote good traditional sentiments and ethics within families and communities, prevent and limit violations of the law, and ensure public order and social safety in the community.

2. The term "parties" mentioned in Article 1 of the Ordinance on Organization and Activities of Mediation at the Grassroots Level may be members of a household, households with each other, or individuals with each other.

3. The term "grassroots level" as defined in the Ordinance on Organization and Activities of Mediation at the Grassroots Level and this Decree refers to villages, hamlets, communes, wards, and other clusters of residents such as fixed markets, tourist sites, entertainment venues.

Article 3. Forms of Mediation

Mediation at the grassroots level is carried out through the activities of Mediation Teams or other suitable organizations of the people in villages, hamlets, communes, wards, and other resident clusters in accordance with the law, social morality, and good customs and traditions.

Article 4Scope of Mediation

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

a) Conflicts and disagreements among family members due to differences in lifestyle, character, or conflicts and disagreements between individuals in neighborhood relations such as using paths through houses, electricity, water for daily use, ancillary facilities, living hours, causing communal hygiene problems, etc.;

b) Disputes arising from civil relationships such as property disputes, civil contract disputes, civil obligations, inheritance, land use rights;

c) Disputes arising from family and marriage relationships such as the exercise of rights and obligations of spouses, parents and children, adoption, divorce, maintenance payments;

d) Disputes arising from violations of the law that, according to the law, have not reached the level requiring criminal or administrative measures such as petty theft, mutual abuse causing public disorder, minor injuries from fights, minor injuries from traffic accidents.

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

a) Criminal offenses.

However, for criminal acts where the victim has not requested or withdrawn the request for criminal prosecution according to the Criminal Procedure Code, and the Procuracy or Court does not continue the prosecution and the act is not subject to administrative violation handling by competent state agencies according to the law, such as intentionally causing injury or harm to health, mediation may be conducted.

b) Acts violating the law subject to administrative violation handling include:

- Intentional or unintentional violations of state management rules that have not reached the level of criminal prosecution and must be subject to administrative violation handling according to the law;

- Violations of laws on national security, public order, and social safety that have not reached the level of criminal prosecution and must be subject to administrative violation handling measures such as education at commune, ward, town levels; placement in educational institutions; placement in educational centers; placement in medical treatment centers; administrative control.

c) Violations of the law and disputes that, according to the law, are not eligible for mediation as specified in Point c Clause 2 Article 3 of the Ordinance on Organization and Activities of Mediation at the Grassroots Level, including:

Illegal marriages;

Causing damage to state property;

Disputes arising from illegal transactions;

Labor disputes.

Article 5. Responsibilities of the Ministry of Justice and People's Committees at all levels regarding mediation at the grassroots level

1. The Ministry of Justice shall be responsible for:

Drafting normative legal documents on the organization and activities of mediation to submit to the Government for issuance or issuance within its authority;

Providing guidance on the organization and activities of mediation nationwide;

Organizing training and guiding provincial Departments of Justice to organize training on Party policies and State laws, enhancing mediation skills for mediators;

Summarizing and concluding the mediation work of Mediation Teams nationwide.

2. People's Committees at all levels shall manage state administration over mediation work according to the guidance and direction of the Ministry of Justice.

Based on specific circumstances and local budget capacity, People's Committees at all levels shall create conditions and provide financial support for organizational improvement, skill enhancement, summarization, conclusion, competition, commendation, and reward to improve the effectiveness of grassroots-level mediation activities.

Article 6. Responsibilities of local judicial organs regarding mediation at the grassroots level

Local judicial organs shall assist the People's Committees at the same level in mediation work, specifically:

1. Provincial Departments of Justice shall be responsible for:

a) Drafting normative legal documents on mediation work to submit to the provincial People's Committee for issuance;

b) Guiding the implementation of higher-level regulations on the organization and activities of mediation within the locality according to the directives of the Ministry of Justice and the provincial People's Committee;

c) Organizing training and guiding District Departments of Justice to organize training on Party policies and State laws, enhancing mediation skills for mediators;

d) Summarize, conclude, and report to the provincial People's Committee and the Ministry of Justice on the mediation work of the local mediation group; organize competitions and rewards for local mediation work.

2. The Legal Affairs Office shall be responsible for:

a) Under the guidance of the higher judicial authority and the district People's Committee, guide the Legal Affairs Boards to implement regulations on local mediation work; propose to the district People's Committee measures to improve the organization and enhance the effectiveness of local mediation activities;

b) Organize training for local mediation skills according to the guidance of the higher judicial authority;

c) Summarize, conclude the mediation work of the local mediation group and report on mediation work to the district People's Committee and the higher judicial authority; organize competitions and rewards for the local mediation group's mediation work.

3. The Legal Affairs Board shall be responsible for:

a) Implementing the training of mediation skills, providing professional materials for the local mediation group according to the guidance of the higher judicial authority;

b) Summarizing, concluding the mediation work of the local mediation group, reporting on mediation work to the commune, ward, town People's Committee and the higher judicial authority; organizing competitions and rewards for local mediation work.

Chapter II

LOCAL MEDIATION GROUP AND MEDIATION GROUP MEMBERS

Article 7. Local Mediation Group

1. The local mediation group at the grassroots level is a self-management organization of the people established in villages, hamlets, villages, wards, residential groups, and other community clusters to carry out or organize the implementation of mediation.

2. The local mediation group has a Group Leader and members.

Each local mediation group has three or more members. Based on the characteristics and specific circumstances of the community cluster and the results of village, hamlet, village, ward meetings, the results of household head meetings, or the results of opinion ballots from household heads, the Chairman of the commune, ward, town People's Committee decides the number of local mediation groups.

Article 8. Procedures for electing mediation group members

1. The United Front Organization at the commune, ward, town level coordinates with member organizations of the United Front to select and introduce candidates for the people to elect as mediation group members. Citizens aged eighteen years or older, having civil capacity, and meeting the criteria stipulated in Article 9 of the Ordinance on the Organization and Operation of Grassroots Mediation are eligible to nominate and run for election as mediation group members.

2. The election of mediation group members is organized in villages, hamlets, villages, wards, residential groups, and community clusters where the mediation group operates and is conducted in one of the following forms:

Holding a public meeting of the people to discuss and vote openly or secretly;

Holding a meeting of household heads in villages, hamlets, villages, wards, residential groups, to discuss and vote openly or secretly.

Those attending the public meeting of the people or representing household heads in the household head meeting must be eighteen years old or older and have civil capacity.

These meetings are held when at least two-thirds of the attendees participate.

c) In cases where it is not possible to hold a meeting, distribute ballots to collect opinions from household heads.

The person elected as a mediation group member must receive the approval of more than half of the voters.

3. The Leader of the local mediation group is elected by the members of the mediation group from among themselves.

4. The Village Head, Hamlet Head, Village Head, Ward Head, Residential Group Head organizes and chairs meetings of the people, meetings of household heads to elect mediation group members or organizes the distribution of ballots to collect opinions from household heads.

The minutes of the election of mediation group members in public meetings of the people, meetings of household heads, the results of ballots collected from household heads, and the minutes of the election of the Leader of the mediation group are sent to the Chairman of the commune, ward, town People's Committee for review to recognize the composition of the mediation group.

Article 9. Dismissal of mediation group members

1. The dismissal of mediation group members is carried out in the following situations:

a) Engaging in acts that violate the law;

b) Engaging in acts contrary to social morals;

c) Lacking enthusiasm in mediation activities;

d) Requesting to withdraw from the mediation group based on personal wishes.

2. Based on the minutes of public meetings, household head meetings, or the results of ballots collected from household heads regarding the dismissal of mediation group members chaired by the Village Head, Hamlet Head, Village Head, Ward Head, Residential Group Head, the Legal Affairs Board proposes in writing for the Chairman of the same-level People's Committee to consider and decide on the dismissal.

Article 10. Leader of the local mediation group

1. The Leader of the local mediation group is responsible for the mediation group while participating in mediation activities as a member of the mediation group.

2. The Leader of the local mediation group has the following powers and responsibilities:

a) Assigning, coordinating, and cooperating in the activities of mediation group members; cooperating with other mediation groups in improving professional skills and in mediating disputes related to their areas of operation;

b) Organizing regular and extraordinary meetings to draw lessons from mediation work and proposing to the commune, ward, town People's Committee measures to enhance the effectiveness of mediation work; providing materials and information to improve mediation skills;

c) Reporting regularly and urgently on mediation work to the commune, ward, town People's Committee and the same-level United Front Organization;

Representing the mediation group in relations with the Village Head, Hamlet Head, Village Head, Ward Head, Residential Group Head, Community Cluster Head, and state agencies, political-social organizations at the grassroots level.

Article 11. Members of the Mediation Team

The members of the Mediation Team shall have the following rights and responsibilities:

1. Mediate disputes as prescribed in Clause 1 of Article 4 of this Decree;

2. Through mediation activities, disseminate and mobilize the people to strictly comply with the law;

3. For disputes that fall outside the scope of mediation but may affect local public order and security, the member of the Mediation Team must report to the People's Committee of the commune, ward, or town for consideration and appropriate measures to resolve the issue.

Chapter III

MEDIATION ACTIVITIES

Article 12. Conducting mediation

Mediation shall be conducted by members of the Mediation Team or organized in the following cases:

1. A member of the Mediation Team initiates mediation or invites someone outside the Mediation Team to mediate based on their own initiative when directly witnessing or becoming aware of a dispute;

2. As assigned by the Head of the Mediation Team;

3. At the request of agencies, organizations, or individuals;

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

Article 13. Time and place for conducting mediation

1. Mediation shall be conducted at the time requested by the parties or initiated by a member of the Mediation Team.

Mediation can be conducted immediately upon the occurrence of a dispute if the member of the Mediation Team witnesses it and considers immediate mediation necessary.

2. A member of the Mediation Team selects a convenient location for mediation that suits the wishes of the parties.

Article 14. Person conducting mediation

1. Mediation may be conducted by one or more members of the Mediation Team.

2. A member of the Mediation Team may invite someone outside the Mediation Team to mediate or participate in mediation. The invited person may be someone with legal knowledge, social awareness, and credibility among the disputing parties. In specific cases, the invited person may be a relative, friend, neighbor, elder, or someone familiar with the cause of the dispute of one or both parties.

3. A member of the Mediation Team shall not conduct mediation if they are related to the dispute requiring mediation or for other personal reasons that prevent them from ensuring impartiality or achieving results.

If mediation cannot continue, the member of the Mediation Team has the responsibility to promptly report to the Head of the Mediation Team and hand over the work to another member assigned by the Head.

Article 15. Mediating disputes between parties from different residential clusters

In cases where disputing parties belong to different residential clusters with separate Mediation Teams, those Mediation Teams shall cooperate to carry out mediation. Cooperation in mediation shall be carried out by:

1. The Head of the Mediation Team or someone designated by the Head to mediate.

2. Members who conduct mediation may directly cooperate with each other, but must immediately report to the Head about the cooperation in carrying out mediation.

Article 16. Conclusion of Mediation

1. Mediation concludes when the parties reach an agreement and voluntarily implement it.

In cases where implementing the agreement is difficult, the member of the Mediation Team encourages and persuades the parties to implement the agreement and may propose the Village Chief, Ward Chief, or recommend the People's Committee of the commune, ward, or town to create conditions for the parties to voluntarily implement the agreement.

2. In cases where the parties cannot reach an agreement and continuing mediation will not achieve results, the member of the Mediation Team guides the parties to complete the necessary procedures to request the competent state agency to resolve the matter. For complex disputes with intense conflicts between the parties that may affect public order and security in the residential area, the member of the Mediation Team promptly reports to the Head of the Mediation Team to recommend the competent authority to take measures to resolve the issue.

Chapter IV

REWARD AND VIOLATION HANDLING

Article 17. Awards

1. The Mediation Team and its members who excel in mediation work shall be rewarded.

For rewards at the commune, ward, or town level, the Legal Affairs Board cooperates with the Mass Mobilization Board to establish a list of those to be rewarded based on evaluations within the Mediation Teams and proposes the Chairman of the People's Committee of the commune, ward, or town to reward them.

The Legal Affairs Office establishes a list of those to be rewarded at the district level and submits it to the Chairman of the People's Committee of the district for rewards.

The Department of Justice reports to the People's Committee of the province or centrally governed city and organizes rewards at the provincial level; reports to the Ministry of Justice about the competition and reward work to organize rewards at the ministerial level.

2. State agencies, political-social organizations, social organizations, and individuals who excel in building, consolidating, and enhancing the effectiveness of grassroots mediation shall be rewarded.

Article 18. Handling Violations

Anyone who violates the Ordinance on the Organization and Operation of Grassroots Mediation and this Decree and other laws on grassroots mediation shall be subject to disciplinary action, administrative penalties, or criminal liability according to the provisions of the law depending on the nature and severity of the violation.

Chapter V

IMPLEMENTING PROVISIONS

Article 19. Recognition of Mediation Teams established before the effective date of the Ordinance on the Organization and Operation of Grassroots Mediation

All Mediation Teams established before the effective date of the Ordinance on the Organization and Operation of Grassroots Mediation shall be consolidated, recognized, and allowed to continue operating by the People's Committee of the commune, ward, or town where the Mediation Team operates.

Article 20. Effective Date

This Decree takes effect fifteen days from the date of signature.

The Ministry of Justice is responsible for guiding the implementation of this Decree.

The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairmen of provincial people's committees directly under the central government shall be responsible for implementing this Decree./.