Law on Mediation at Grassroots Level No. 35/2013/QH13

LAW

FUNDAMENTAL SETTLEMENT

BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

The National Assembly promulgates the Law on Fundamental Settlement.

PART I
GENERAL PROVISIONS

Article 1. Scope of application

1. This Law stipulates the principles and state policies on fundamental settlement, mediators, mediation groups; fundamental settlement activities; responsibilities of agencies and organizations in fundamental settlement activities.

2. Mediation activities of courts, arbitration, commercial mediation, labor mediation, and mediation at village-level People's Committees (hereinafter referred to collectively as village level) are not within the scope of regulation of this Law.

Article 2. Interpretation of Terms

In this Law, the following terms shall be understood as follows:

1. Fundamental settlement is the process where mediators guide and assist parties to reach agreements and voluntarily resolve conflicts, disputes, and violations of law in accordance with this Law.

2. Cơ sở vật chất (nhà cửa, cơ sở hạ tầng) bảo đảm cho việc liên doanh, liên kết refers to villages, hamlets, wards, communities, and other grassroots communities (hereinafter referred to collectively as villages and wards).

3. Parties are individuals, groups of individuals, families, groups of families, organizations with conflicts, disputes, and violations of law as stipulated by this Law.

4. Mediator is a person recognized under this Law to carry out fundamental settlement activities.

5. Mediation group is a self-governing organization established at the grassroots level to conduct mediation activities in accordance with this Law.

Article 3. Scope of Fundamental Settlement

1. Fundamental settlement shall be conducted for conflicts, disputes, and violations of law, except for the following cases:

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

b) Violations of laws on marriage and family, civil transactions that according to civil procedural laws cannot be mediated;

c) Violations of law that must be criminally prosecuted or administratively sanctioned;

d) Other conflicts and disputes that cannot be settled through fundamental settlement according to legal provisions.

2. The Government shall provide detailed regulations for this Article.

Article 4. Principles of Organization and Operation of Fundamental Settlement

1. Respect the voluntary nature of the parties; do not compel or impose on the parties during fundamental settlement.

2. Ensure compliance with state policies and laws, social ethics, good customs and traditions of the people; promote solidarity, mutual assistance, and support among members of families, clans, and community residents; pay attention to the rights and legitimate interests of children, women, persons with disabilities, and the elderly.

3. Be objective, fair, timely, reasonable, and considerate; keep confidential personal information of the parties, except as provided for in Clause 4 and Clause 5 of Article 10 of this Law.

4. Respect the will, rights, and legitimate interests of the parties, the rights and legitimate interests of others; do not infringe upon the interests of the State or public interest.

5. Ensure gender equality in the organization and operation of fundamental settlement.

6. Do not exploit fundamental settlement to prevent related parties from protecting their rights according to the law or evade administrative sanctions or criminal proceedings.

Article 5. State Policies on Fundamental Settlement

1. Encourage parties to resolve conflicts and disputes through fundamental settlement and other appropriate forms of mediation.

Encourage respected individuals in families, clans, and community residents to participate in fundamental settlement and other appropriate forms of mediation.

2. Promote the core role of the Vietnam Fatherland Front and its member organizations in fundamental settlement work.

3. Create favorable conditions and support for fundamental settlement activities; encourage organizations and individuals to contribute and support fundamental settlement activities.

Article 6. Financial support for grassroots mediation work

1. The State shall provide financial support for grassroots mediation work to compile and distribute materials; organize training, guide business practices, and skills related to grassroots mediation; conduct mid-term and final reviews, commendation for grassroots mediation work; pay remuneration to mediators on a case-by-case basis, and support other necessary costs for grassroots mediation activities.

The central budget shall supplement local budgets that have not yet achieved self-balancing to provide financial support for grassroots mediation work.

2. The Government shall provide detailed regulations for this Article.

Chapter II
MEDIATORS, MEDIATION GROUPS

Section 1
MEDIATORS

Article 7. Mediator standards

A person elected as a mediator must be a Vietnamese citizen residing at the grassroots level, voluntarily participating in mediation activities, and meeting the following criteria:

1. Having good moral character; being reputable in the community;

2. Possessing persuasive and mobilization skills; having knowledge of the law.

Article 8. Election and recognition of mediators

1. A person meeting the criteria stipulated in Article 7 of this Law has the right to run for election or be recommended by the People's Committee Working Group in conjunction with member organizations of the People's Committee for inclusion in the list of candidates for mediator elections.

2. The Chairman of the People's Committee Working Group shall preside over and coordinate with the village head or neighborhood group leader to organize mediator elections at the village or neighborhood level through one of the following methods:

a) Public ballot or secret ballot at a meeting of household representatives;

b) Distributing ballots to collect opinions from households.

3. Results of the election of mediators:

a) The person proposed for recognition as a mediator must obtain the agreement of more than 50% of household representatives in the village or neighborhood;

b) In cases where the number of persons obtaining the agreement of more than 50% of household representatives in the village or neighborhood exceeds the number of mediators decided by the Chairman of the Commune People's Committee according to Clause 2, Article 12 of this Law, the list of persons proposed for recognition as mediators shall be selected based on the voting results from highest to lowest;

c) In cases where the number of persons elected is insufficient to form a mediation group, additional elections shall be held to make up the required number;

d) The Chairman of the People's Committee Working Group shall prepare a list of persons proposed for recognition as mediators and submit it to the Chairman of the Commune People's Committee.

4. The Chairman of the Commune People's Committee shall issue a decision recognizing mediators. The decision recognizing mediators shall be sent to the Standing Committee of the Vietnam Fatherland Front at the commune level, the Chairman of the People's Committee Working Group, the village head, the neighborhood group leader, the mediator, and publicly announced in the village or neighborhood.

Article 9. Rights of mediators

1. To carry out grassroots mediation activities.

2. To request relevant parties to provide materials and information related to mediation cases.

3. To participate in meetings, discussions, and decisions regarding the content and methods of operation of the mediation group.

4. To receive legal knowledge, business practice, and mediation skill training; to be provided with materials related to mediation activities.

5. To enjoy remuneration on a case-by-case basis when conducting mediation.

6. To be eligible for awards under the law on competition and rewards.

7. To be supported and provided conditions to mitigate consequences if accidents or risks affecting health or life occur while performing mediation activities.

8. To propose recommendations on issues related to mediation activities.

9. The Government shall specify details of Clause 5 and Clause 7 of this Article.

Article 10. Obligations of Mediators

1. Conduct mediation when there is a basis as prescribed in Article 16 of this Law.

2. Adhere to the principles stipulated in Article 4 of this Law.

3. Refrain from conducting mediation if they have rights and obligations related to the dispute being mediated or for other reasons that may prevent them from ensuring objectivity and fairness in mediation.

4. Promptly inform the head of the mediation team to report to the Chairman of the People's Committee at the commune level to take preventive measures in cases where serious conflicts or disputes may lead to violent acts affecting the health or lives of the parties or disrupting public order.

5. Promptly inform the head of the mediation team to report to the competent authority for handling in cases where conflicts or disputes indicate violations of administrative offenses or criminal laws.

Article 11. Resignation from Mediator Position

1. Resignation from mediator position shall be carried out in the following cases:

a) At the mediator’s own request;

b) The mediator no longer meets one of the criteria specified in Article 7 of this Law;

c) Violating the organization and operation principles of grassroots mediation as prescribed in Article 4 of this Law or not having the conditions to continue as a mediator due to being subject to legal penalties.

2. In the case of resignation from mediator position as stipulated in Clause 1 of this Article, the head of the mediation team shall propose to the Head of the Mass Organization Work Board to coordinate with the village chief and the head of the residential group to prepare a proposal requesting the Chairman of the People's Committee at the commune level to issue a decision on resignation from mediator position.

In the case of resignation from mediator position for the head of the mediation team, the Head of the Mass Organization Work Board shall coordinate with the village chief and the head of the residential group to prepare a proposal requesting the Chairman of the People's Committee at the commune level to issue a decision on resignation from mediator position.

3. The decision on resignation from mediator position shall be sent to the Standing Board of the Vietnam Fatherland Front at the commune level, the Head of the Mass Organization Work Board, the village chief, the head of the residential group, the mediator, and publicly announced in the village and residential group.

Section 2
MEDIATION TEAM

Article 12. Mediation Team

1. The mediation team consists of a head and mediators. Each mediation team has three or more mediators, including at least one female mediator. For areas with many ethnic minority residents, the mediation team must include mediators who are ethnic minorities.

2. The Chairman of the People's Committee at the commune level decides the number of mediation teams and mediators within each mediation team based on the characteristics, socio-economic situation, and population of the locality and the proposal of the Standing Board of the Vietnam Fatherland Front at the commune level.

3. Annually, the Head of the Mass Organization Work Board shall lead and coordinate with the head of the mediation team to review and evaluate the organization and activities of the mediation team and make recommendations to the Standing Board of the Vietnam Fatherland Front at the commune level to propose improvements to the mediation team to the People's Committee at the commune level.

Article 13. Responsibilities of the Mediation Team

1. Organize mediation.

2. Organize exchanges of experience and discussions on solutions for complex mediation cases.

3. Coordinate with the Mass Organization Work Board, Women's Association Branch, Youth Union Branch, Veterans' Association Branch, Farmers' Association Branch, Senior Citizens' Association Branch, other mediation teams, and organizations and individuals in grassroots mediation activities.

4. Propose to the Vietnam Fatherland Front at the commune level and the People's Committee at the commune level regarding grassroots mediation activities and necessary conditions for such activities.

5. Recommend commendations for outstanding achievements in mediation work for the mediation team and mediators.

Article 14. Head of the Conciliation Group

1. The head of the conciliation group shall be elected from among the conciliators to oversee the conciliation group.

2. The election of the head of the conciliation group shall be conducted under the chairmanship of the Chairman of the Mass Mobilization Work Board through public voting or secret ballot. The results of the election of the head of the conciliation group shall be recorded in writing and sent to the Chairman of the People's Committee at the commune level for issuance of a decision recognizing such position.

Article 15. Rights and Obligations of the Head of the Conciliation Group

1. Assigning and coordinating the activities of the conciliators.

2. Representing the conciliation group in relations with the Chairman of the Mass Mobilization Work Board, village chiefs, ward chiefs, and other agencies, organizations, or individuals in fulfilling the responsibilities of the conciliation group.

3. Proposing the removal of conciliators according to the provisions of Clause 2, Article 11 of this Law.

4. Reporting promptly to the Chairman of the People's Committee at the commune level and competent authorities regarding cases and matters as stipulated in Clause 4 and Clause 5, Article 10 of this Law.

5. Submitting annual and ad hoc reports on the organization and operation of the conciliation group to the People's Committee, the Standing Committee of the Vietnam Fatherland Front Committee at the commune level.

6. Cooperating with other heads of conciliation groups to exchange experiences or conduct conciliation in cases and matters related to different villages or wards.

7. Having the rights and obligations of conciliators as prescribed in Articles 9 and 10 of this Law.

Chapter III
GRASSROOTS MEDIATION ACTIVITIES

Article 16. Basis for Conducting Conciliation

Conciliation at the grassroots level shall be conducted when there is one of the following bases:

1. One party or both parties request conciliation;

2. The conciliator witnesses or becomes aware of a case or matter within the scope of conciliation;

3. According to the assignment of the head of the conciliation group or the proposal of relevant agencies, organizations, or individuals.

Article 17. Rights and Obligations of Parties in Conciliation

1. Selecting, proposing conciliators, locations, and times for conducting conciliation.

2. Agreeing or refusing conciliation; requesting a temporary suspension or termination of conciliation.

3. Requesting that the conciliation process be conducted publicly or privately.

4. Being able to express their will and decisions regarding the content of the conciliation resolution.

5. Presenting true facts about the circumstances of the case or matter; providing relevant documents and evidence.

6. Respecting the conciliator and the rights of related parties.

7. Not affecting the security and order at the location of conciliation.

Article 18. Assignment of Conciliators

1. The head of the conciliation group assigns conciliators to conduct conciliation if the parties do not select conciliators.

2. The head of the conciliation group does not assign conciliators to conduct conciliation if there is a basis indicating that the conciliator has rights, interests, or obligations related to the conciliation case or matter, or for other reasons leading to an inability to ensure objectivity and fairness in conciliation.

3. During the conciliation process, if a conciliator violates the principles of conciliation operations or other obligations of a conciliator, the head of the conciliation group shall assign another conciliator to carry out the conciliation.

Article 19. Persons Invited to Participate in Conciliation

1. During the conciliation process, if necessary, the conciliator and one of the parties, upon mutual agreement, may invite persons of prestige in the family lineage, place of residence, workplace; persons with legal knowledge, social knowledge; village elders, religious functionaries, persons familiar with the case or matter; representatives of agencies, organizations, or other persons of prestige to participate in conciliation.

2. Persons invited to participate in conciliation must comply with the principles of grassroots-level conciliation operations.

3. Agencies and organizations having persons invited to participate in conciliation have the responsibility to create conditions for them to participate in conciliation.

Article 20. Place and Time of Mediation

1. The place of mediation shall be the location where the incident occurred or a place chosen by the parties or the mediator to ensure convenience for all parties.

2. Within three days from the date of assignment, the mediator shall commence the mediation process, except in cases where immediate mediation is necessary upon witnessing the incident or the parties have agreed on a different time for mediation.

Article 21. Conducting Mediation

1. Mediation shall be conducted directly through oral communication with the presence of all parties. In cases where the parties have disabilities, appropriate support shall be provided to enable their participation in the mediation.

2. Mediation may be conducted publicly or privately at the mutual agreement of the parties.

3. Depending on the specific case, based on legal provisions, social ethics, and good customs and traditions of the people, the mediator shall apply appropriate measures to help the parties understand their respective rights and responsibilities in the matter, thereby facilitating their agreement on resolving disputes and voluntarily implementing such agreements.

In cases where an agreement cannot be reached, the mediator shall guide the parties to request the competent authority to resolve the matter according to the law.

4. The mediator shall record the content of the mediation in the Register of Mediation Activities at the grassroots level.

If the parties agree, a successful mediation document shall be established in accordance with Clause 2 of Article 24 of this Law.

Article 22. Mediation Between Parties in Different Villages or Neighborhoods

Where the parties are located in different villages or neighborhoods, the mediation team in those villages or neighborhoods shall cooperate in conducting the mediation and inform the Head of the Mass Organization Work Committee at that location to cooperate in the process.

Article 23. Conclusion of Mediation

1. The parties reach an agreement.

2. One party or the parties request to terminate the mediation.

3. The mediator decides to conclude the mediation when the parties cannot reach an agreement and continuing the mediation will not yield results.

Article 24. Successful Mediation

1. Successful mediation occurs when the parties reach an agreement.

2. The parties may agree to establish a successful mediation document containing the following main contents:

a) Basis for conducting mediation;

b) Basic information about the parties;

c) Main content of the case;

d) Course of the mediation process;

đ) Agreement reached and implementation solutions;

e) Rights and obligations of the parties;

g) Method and deadline for implementing the agreement;

h) Signature or thumbprint of the parties and the mediator.

Article 25. Implementation of Successful Mediation Agreement

1. The parties are responsible for implementing the successful mediation agreement.

2. During the implementation of the successful mediation agreement, if one party is unable to fulfill it due to force majeure, they shall have the responsibility to negotiate and agree with the other party and notify the mediator.

Article 26. Supervision and Urging Implementation of Successful Mediation Agreement

The mediator is responsible for supervising and urging the implementation of the successful mediation agreement they directly resolved; promptly reporting to the head of the mediation team to report to the Head of the Mass Organization Work Committee any issues arising during the supervision and urging process.

Article 27. Ineffective Mediation

Ineffective mediation occurs when the parties fail to reach an agreement.

In this case, the parties have the right to request continued mediation or to ask the competent authority to resolve the matter in accordance with the law.

Chapter IV
RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS

IN COMMUNITY-BASED MEDIATION ACTIVITIES

Article 28. Responsibilities State management of community-based mediation

1. The Government shall uniformly manage state administration of community-based mediation.

2. The Ministry of Justice shall be responsible before the Government for managing state administration of community-based mediation and shall have the following responsibilities:

a) Drafting and submitting to the competent authority for issuance, or issuing within its competence, normative legal documents on community-based mediation;

b) Leading and coordinating with ministries, ministerial-level agencies, government agencies, and the Central Committee of the Vietnam Fatherland Front to direct, guide, organize, and inspect the implementation of normative legal documents on community-based mediation;

c) Compiling and distributing materials, organizing training, guiding business skills, and management skills for provincial levels in managing state administration of community-based mediation;

d) Prescribing models of mediation activity tracking books; models and statistical forms regarding organization and activities of community-based mediation.

3. Ministries and ministerial-level agencies within their respective tasks and powers shall be responsible for coordinating with the Ministry of Justice in managing state administration of community-based mediation.

Article 29. Responsibilities of People's Committees at all levels

1. Provincial People's Committees, municipal People's Committees under central jurisdiction, district People's Committees, town People's Committees, and city People's Committees under provincial jurisdiction (hereinafter referred to collectively as district level) shall be responsible for managing state administration of community-based mediation within their respective tasks and powers; submitting budget estimates for supporting mediation activities at the local level to the competent People's Council for consideration and decision; organizing training, guiding business skills, and mediation skills for mediators according to the guidelines of the Ministry of Justice.

2. The People's Committee at the commune level has the responsibility:

a) Leading and coordinating with the People's Committee of the Vietnam Fatherland Front at the same level to implement legal documents on community-based mediation; drafting budget estimates for supporting mediation activities; establishing and improving mediation teams and recognizing team leaders and mediators at the local level;

b) Leading and coordinating with the People's Committee of the Vietnam Fatherland Front at the same level to organize inspections, mid-term reviews, final summaries, and commendations for community-based mediation.

c) Reporting to the People's Council at the same level and the district People's Committee on the results of implementing laws on community-based mediation.

Article 30. Responsibilities of People's Committees of the Vietnam Fatherland Front at all levels and member organizations of the Front

1. People's Committees of the Vietnam Fatherland Front at all levels shall participate in managing state administration of community-based mediation; mobilizing organizations and individuals to comply with the law, supervising the implementation of laws on community-based mediation; coordinating inspections, mid-term reviews, final summaries, and commendations for community-based mediation.

The Central Committee of the Vietnam Fatherland Front shall guide People's Committees of the Vietnam Fatherland Front at all levels in participating in organizing the implementation of laws on community-based mediation.

2. Member organizations of the Front within their respective functions and tasks shall be responsible for conducting community-based mediation activities in accordance with the law.

Chapter V
IMPLEMENTING PROVISIONS

Article 31. Transitional Provisions

From the date this Law takes effect, mediation teams and members of mediation teams established and recognized under the Ordinance on the Organization and Activities of Community-Based Mediation shall continue their operations without having to go through the recognition process again as prescribed by this Law.

Article 32. Effectiveness

1. This Law shall take effect from January 1, 2014.

2. The Ordinance on the Organization and Activities of Community-Based Mediation shall cease to be effective from the date this Law takes effect.

Article 33. Detailed provisions and guidance on implementation

The Government shall provide detailed regulations and guidance for the implementation of the provisions assigned in this Law.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 13th term, fifth session, on June 20, 2013.

                                                                                          PRESIDENT OF THE NATIONAL ASSEMBLY

                                                                                          (Signed)

                                                                                          Nguyen Sinh Hung