Law on Mediation and Dialogue at Court No. 58/2020/QH14

LAW

CONCILIATION AND NEGOTIATION AT THE COURT

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Conciliation and Negotiation at the Court.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Law stipulates the principles and policies of the State regarding conciliation and negotiation at the Court; the rights and obligations of the Conciliator at the Court, the parties participating in conciliation and negotiation at the Court; the responsibilities of the Court in conciliation and negotiation activities; the procedures and formalities for conciliation and negotiation and recognition of successful conciliation and negotiation results at the Court.

2. Conciliation and negotiation under this Law shall be carried out before the Court accepts civil disputes cases, marriage and family disputes, business and trade disputes, labor disputes; requests to recognize consensual divorce; administrative cases within the jurisdiction of the Court as prescribed by the Civil Procedure Code and the Administrative Procedure Law.

3. This Law does not apply to conciliation and negotiation activities already regulated by other laws.

Article 2. Interpretation of Terms

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

1. The Conciliator at the Court (hereinafter referred to as the Conciliator) is a person who meets the required conditions and is appointed by the President of the People's Court of the province to conduct conciliation of civil disputes, marriage and family disputes, business and trade disputes, labor disputes, requests to recognize consensual divorce (hereinafter collectively referred to as civil matters) and negotiation of administrative complaints according to this Law.

2. Conciliation at the Court is the activity of conciliation conducted by the Conciliator before the Court accepts civil matters, aimed at assisting the parties involved in conciliation to voluntarily agree to resolve civil matters according to this Law.

3. Negotiation at the Court is the activity of negotiation conducted by the Conciliator before the Court accepts administrative cases, aimed at assisting the parties involved in negotiation to voluntarily reach an agreement to resolve administrative complaints according to this Law.

4. Successful conciliation is when through conciliation, the parties involved in conciliation voluntarily agree on the resolution of the entire or part of the civil matter where this part is not related to other parts of that civil matter.

5. Successful negotiation is when through negotiation, the parties involved in negotiation voluntarily agree on the resolution of the entire or part of the administrative complaint where this part is not related to other parts of that administrative complaint.

6. The parties participating in conciliation are agencies, organizations, and individuals related to civil matters as prescribed by the Civil Procedure Code.

7. The parties participating in negotiation are agencies, organizations, and individuals related to administrative complaints as prescribed by the Administrative Procedure Law.

8. Representatives include legal representatives and authorized representatives as prescribed by the Civil Code.

Article 3. Principles of Conciliation and Negotiation at the Court

1. The parties participating in conciliation and negotiation (hereinafter referred to as the parties) must voluntarily engage in conciliation and negotiation.

2. Respect the voluntary agreements and consensus of the parties; no party shall be forced to agree contrary to their will.

3. Ensure equality of rights and obligations among the parties.

4. The content of the conciliation agreement and negotiation consensus must not violate prohibitions set forth by law, contravene social morals, evade obligations to the State or other agencies, organizations, or individuals, or infringe upon the legitimate rights and interests of other agencies, organizations, or individuals.

5. Information related to conciliation and negotiation cases must be kept confidential as provided for in Article 4 of this Law.

6. The methods of conciliation and negotiation shall be flexible and appropriate to the actual situation and characteristics of each type of case.

7. The Conciliator conducts conciliation and negotiation independently and in accordance with the law.

8. The language and script used in conciliation and negotiation shall be Vietnamese. Participants in conciliation and negotiation have the right to use their own language and script; in such cases, they may arrange interpreters themselves or request the Conciliator to arrange interpreters for them. Participants in conciliation and negotiation who are hearing-impaired, speech-impaired, or visually impaired have the right to use sign language or Braille; in such cases, there must be someone who understands sign language or Braille to translate, and they are also considered interpreters.

9. Ensure gender equality and protect the rights and legitimate interests of children in conciliation and negotiation.

Article 4. Confidentiality of Mediation and Dialogue Information at the Court

1. Mediators, parties, agencies, organizations, and other individuals invited to participate in mediation and dialogue shall not disclose information they become aware of during the mediation and dialogue process.

2. During the mediation and dialogue process, audio recording, video recording, and taking minutes of the mediation and dialogue shall not be conducted. The preparation of minutes shall only be carried out to record the results of mediation and dialogue as provided for in Article 31 of this Law. Mediators and parties may take notes solely for the purpose of mediation and dialogue and must keep the contents of their notes confidential.

3. Agencies, organizations, and individuals shall not use materials or statements made by the parties during the mediation and dialogue process as evidence in the resolution of cases according to the provisions of the law, except in the following cases:

a) A party who has presented materials or expressed opinions during the mediation and dialogue process agrees to the use of their materials or statements as evidence during the mediation and dialogue process.

b) The use of such materials or statements as evidence is required under the law.

4. Agencies, organizations, and individuals violating the provisions of Clauses 1, 2, and 3 of this Article shall be subject to legal sanctions.

Article 5. State Policy on Mediation and Dialogue at the Court

The State encourages parties to resolve civil disputes and administrative complaints through mediation and dialogue at the Court; encourages qualified individuals as stipulated by this Law to serve as mediators and creates conditions and provides support for mediation and dialogue activities at the Court.

Article 6. Funding for Mediation and Dialogue at the Court

1. The State ensures funding for mediation and dialogue at the Court from the state budget and other lawful sources as prescribed by law.

2. The funding for mediation and dialogue at the Court is determined by the Government after consultation with the Supreme People's Court and submission to the National Assembly for approval.

3. The Minister of Finance shall prescribe regulations on the preparation of budgets, management, utilization, and settlement of accounts for funding for mediation and dialogue at the Court.

Article 7. Responsibilities of the People's Courts in Mediation and Dialogue Activities at the Court

1. The Supreme People's Court shall have the following responsibilities:

a) Organizing and managing mediation and dialogue activities in accordance with the provisions of this Law;

b) Conducting training and professional development for mediators; prescribing procedures, formalities for issuing, revoking, and using mediator cards;

c) Coordinating with the Government in presenting to the National Assembly for approval of the funding for mediation and dialogue at the Court;

d) Directing, inspecting the management, utilization, and settlement of accounts for funding for mediation and dialogue at the Court in accordance with the law;

đ) Inspecting the implementation and handling violations in mediation and dialogue activities;

e) Resolving appeals against decisions on appeals made by provincial-level People's Courts;

g) Reporting to the National Assembly on mediation and dialogue activities at the Court in annual reports;

h) Performing other tasks as prescribed by this Law.

2. Provincial-level People's Courts shall have the following responsibilities:

b) Appointing, reappointing, removing, and deleting mediators' names; issuing and revoking mediator cards;

c) Providing professional training and rewarding or disciplining mediators;

e) Resolving appeals against decisions by the Chief Judge of the provincial-level People's Court regarding the removal of mediators;

g) Reporting on mediation and dialogue activities at the Court as prescribed by the Chief Judge of the Supreme People's Court;

h) Performing other tasks as prescribed by this Law.

a) Implementing mediation and dialogue activities in accordance with the provisions of this Law;

b) Proposing to the provincial-level People's Court to appoint, reappoint, or remove mediators;

c) Designating, supporting, and guiding mediators to conduct mediation and dialogue; evaluating and commenting on the performance of mediators; providing support for professional training; proposing rewards or disciplinary actions for mediators at the county-level People's Court;

d) Arranging locations, equipment, and other necessary conditions for mediation and dialogue activities at the Court;

đ) Reporting on mediation and dialogue activities at the Court as prescribed by the Chief Judge of the Supreme People's Court;

e) Performing other tasks as prescribed by this Law.

4. The Chief Judge of the Supreme People's Court shall provide detailed regulations on this Article.

Article 8. Rights and Obligations of Parties Participating in Mediation and Dialogue at the Court

1. The parties have the following rights:

a) To agree to participate in mediation and dialogue, or refuse to participate, or terminate mediation and dialogue;

b) To participate in mediation and dialogue directly or through representatives as provided for in Clause 2 and Clause 3 of Article 25 of this Law;

d) To request the replacement of a mediator in accordance with the provisions of this Law;

đ) To arrange their own interpreter or request the mediator to arrange an interpreter in cases where the participants in mediation and dialogue do not know Vietnamese, or are deaf, mute, or blind;

e) To require the mediator, participants in mediation and dialogue, agencies, organizations, individuals, and judges participating in the session recording the results of mediation and dialogue to keep confidential information provided by themselves;

g) To express their will, propose methods and solutions to resolve disputes, requests, and complaints; to reach consensus on the content of mediation and dialogue;

h) To request the court to recognize the successful outcome of mediation and dialogue;

i) To request the party obligated to perform the contents that have been successfully mediated or dialogued;

k) To request the court with jurisdiction to reconsider the decision recognizing the successful outcome of mediation and dialogue in accordance with the provisions of this Law.

2. The parties have the following obligations:

a) To comply with the law;

b) To participate in mediation and dialogue with a spirit of goodwill and cooperation to promote the positive outcome of the process; to accurately present the facts and content of the case, and provide timely and complete information, documents, and evidence related to the case as required by the mediator;

c) To be responsible for the authenticity of the information, documents, and evidence provided during the mediation and dialogue process; if the provided information, documents, and evidence are false, the result of mediation and dialogue shall be void; in cases indicating criminal offenses, they shall be dealt with according to the provisions of criminal law; if causing damage to agencies, organizations, or individuals, they must compensate according to the provisions of the law;

d) To respect the mediator and relevant parties; to fulfill the requirements of the mediator as stipulated by this Law;

đ) To comply with the mediation and dialogue regulations at the court;

e) To implement the contents that have been successfully mediated and dialogued.

Article 9. Costs of Mediation and Dialogue at the Court

1. The costs of mediation and dialogue at the court are guaranteed by the state budget, except for the cases specified in Clause 2 of this Article.

2. The parties participating in mediation and dialogue at the court must bear the costs in the following cases:

a) Costs of mediation for commercial disputes with a value threshold;

b) Costs when the parties agree to choose a location for mediation and dialogue outside the court premises; costs when the mediator examines the current status of property related to civil disputes or administrative complaints located outside the administrative boundaries of the province where the court with jurisdiction has its headquarters;

c) Costs of foreign language interpretation.

3. The Government shall specify the levels of collection, procedures, and management and use of the costs as stipulated in Clause 2 of this Article.

Chapter II

MEDIATOR

Article 10. Conditions for Appointing Mediators

1. A Vietnamese citizen residing in Vietnam, loyal to the country and the Constitution of the Socialist Republic of Vietnam, having full capacity for civil acts, good moral character, exemplary in complying with laws, and meeting the following conditions may be appointed as a mediator:

a) Having been a Judge, Court Examiner, Court Clerk, Prosecutor, Prosecution Inspector, Civil Enforcement Officer, Inspector; a lawyer, specialist, or other professional with at least 10 years of experience in their field of work; a person knowledgeable about customs and traditions, reputable in the community;

b) Having mediation and dialogue skills;

c) Having health sufficient to fulfill assigned tasks;

d) Holding a certificate in mediation and dialogue training issued by the court's training institution, except for those who have already been Judges, Court Examiners in the main or senior examiner ranks, Court Clerks in the main or senior clerk ranks, Prosecutors, Civil Enforcement Officers, Inspectors.

2. Those falling under any of the following circumstances shall not be appointed as mediators:

a) Not meeting the conditions stipulated in Clause 1 of this Article;

b) Currently being a civil servant, public official, military officer, non-commissioned officer of the People's Army, professional soldier, defense employee, police officer, or non-commissioned police officer.

3. The Chief Justice of the Supreme People's Court shall provide detailed regulations on this matter.

Article 11. Appointment of Mediators

1. Individuals meeting the conditions stipulated in Clause 1 of Article 10 of this Law submit an application for appointment as a mediator to the court where they wish to serve as a mediator.

2. The application for appointment as a mediator includes:

a) An application for appointment;

b) A resume and a criminal record clearance form;

c) A health certificate issued by an authorized health agency;

d) Documents proving compliance with the conditions set forth in Point a of Clause 1 of Article 10 of this Law;

đ) A certificate in mediation and dialogue training as prescribed in Point d of Clause 1 of Article 10 of this Law.

3. Based on the need for mediator appointments, the court

4. Within twenty days from the date of receiving a complete application for appointment as a mediator, the Chief Justice of the Provincial People's Court shall consider and decide on the appointment of mediators; if refusing the appointment, a written notification must be provided with specific reasons.

5. Within seven days from the date of issuing the appointment decision, the Chief Justice of the Provincial People's Court shall publish the list of mediators on the provincial court's website and post it at the court's office where the mediators will work; simultaneously sending it to the Supreme People's Court for publication on its website.

6. The term of office for mediators is three years from the date of appointment.

7. The Chief Justice of the Supreme People's Court shall provide detailed regulations on this matter.

Article 12. Reappointment of Mediators

1. Mediators at the end of their term may be considered for reappointment, except in the following cases:

a) Unable to ensure health to perform duties;

b) Failure to complete tasks;

c) Among the top 10% of mediators in their workplace based on lowest performance over two years, requiring replacement.

2. The application for reappointment as a mediator includes:

a) An application for reappointment;

b) A health certificate issued by an authorized health agency;

c) A report on the mediator's performance in mediation and dialogue;

d) An evaluation and review by the court where the mediator works regarding their performance in mediation and dialogue.

3. The procedures and formalities for reappointment and publication of the list of mediators shall be carried out according to the provisions of Clause 4 and Clause 5 of Article 11 of this Law.

4. The Chief Judge of the Supreme People's Court shall provide detailed regulations on this Article.

Article 13. Dismissal of Mediators

1. The dismissal of Mediators shall be carried out when one of the following circumstances occurs:

a) At the request of the Mediator;

b) The Mediator no longer meets one of the conditions prescribed in Clause 1 of Article 10 of this Law or falls under the case prescribed in point b of Clause 2 of Article 10 of this Law.

2. When there is a basis as prescribed in Clause 1 of this Article, the Court where the Mediator works shall propose to the President of the People's Court of the province to consider and decide on the dismissal of the Mediator. Within three working days from the date of receipt of the proposal, the President of the People's Court of the province shall consider and decide on the dismissal of the Mediator. This decision shall be sent to the person being dismissed and the Court where they work.

3. Within three working days from the date of issuing the decision to dismiss, the President of the People's Court of the province shall remove the name of the dismissed Mediator from the list of Mediators, announce the list of dismissed Mediators on the website of the People's Court of the province, and post it at the headquarters of the Court where the Mediator worked; simultaneously send it to the Supreme People's Court for announcement on its website.

4. The People's Court of the province shall recover the Mediator's card after removing the Mediator's name.

Article 14. Rights and Obligations of Mediators

1. Mediators have the following rights:

a) To conduct civil dispute mediation and administrative complaint dialogue in accordance with this Law;

b) To request the parties to provide information, documents, evidence related to the disputed content, complaints; other necessary information, documents for mediation and dialogue;

c) To examine the status of property related to disputes, complaints before recording the results of mediation and dialogue upon the request of one of the parties;

d) To invite reputable persons to participate in mediation and dialogue; seek opinions from agencies, organizations, individuals with expertise in the field of disputes, complaints;

đ) Not to bear legal responsibility for the authenticity of information, documents, evidence provided by the parties;

e) To refuse to provide information, documents, evidence related to civil cases, administrative complaints, except where the parties agree in writing or as prescribed by law;

g) To refuse to record the results of mediation and dialogue if there is sufficient basis to determine that such agreement or consensus violates prohibitions of law, contravenes social morals, or avoids obligations to the State or other agencies, organizations, individuals;

h) To receive professional training, skills in mediation and dialogue;

i) To be issued a Mediator's card;

k) To receive remuneration as prescribed by the Government;

l) To be rewarded according to the provisions of the law.

2. Mediators have the following obligations:

a) To conduct mediation and dialogue in accordance with the procedures and formalities prescribed in this Law;

b) To comply with the law, act independently, impartially, and objectively;

c) To ensure confidentiality of information as prescribed in this Law;

d) Not to force the parties to mediate or dialogue against their will;

đ) Not to accept money or benefits from the parties;

e) To refuse to conduct mediation or dialogue if one of the cases prescribed in points a, b, and d of Clause 1 of Article 18 of this Law applies;

g) To respect the agreements and consensuses of the parties, if the content of such agreements or consensuses does not violate prohibitions of law, does not contravene social morals, and does not aim to avoid obligations to the State or other agencies, organizations, individuals;

h) To refuse to participate in litigation as a procedural participant or a party to the litigation for cases which they have conducted mediation or dialogue but were unsuccessful and transferred to the Court for resolution through litigation procedures, except where the law provides otherwise.

Article 15. Rewards and Handling Violations for Mediators

1. Mediators who achieve results in performing their duties shall be rewarded according to the provisions of the law.

2. If Mediators violate the provisions of this Law, they may be subject to handling according to the provisions of the law depending on the nature and degree of violation, or may be handled by the form of being compelled to cease acting as a Mediator.

3. The President of the People's Court at the provincial level who appointed the Mediator with authority shall handle the Mediator who violates the law by compelling them to cease acting as a Mediator.

4. A Mediator who is compelled to cease acting as a Mediator shall have their name removed from the list of Mediators and their Mediator card revoked. The procedures for notifying the handling, removing the name of the Mediator, and revoking the Mediator card shall be carried out according to the provisions of Clause 3 and Clause 4 of Article 13 of this Law.

5. The person compelled to cease acting as a Mediator has the right to appeal to the President of the People's Court at the provincial level who issued the decision compelling them to cease acting as a Mediator within thirty days from the date of receipt of the decision. The President of the People's Court at the provincial level shall be responsible for resolving the appeal within thirty days from the date of receipt of the appeal. In case of disagreement with the resolution of the appeal, the appellant has the right to appeal further to the President of the Supreme People's Court within fifteen days from the date of receipt of the resolution of the appeal. The President of the Supreme People's Court shall be responsible for resolving the appeal within thirty days from the date of receipt of the appeal. The resolution of the appeal by the President of the Supreme People's Court shall take effect.

6. The President of the Supreme People's Court shall provide detailed regulations for this Article.

Chapter III

PROCEDURES FOR MEDIATION, CONVERSATION, AND ACKNOWLEDGEMENT OF RESULTS

CONCILIATION AND NEGOTIATION AT THE COURT

Article 16. Procedures for receiving and processing civil lawsuit petitions and administrative complaints at the Court and appointing Mediators

1. The plaintiff or petitioner sends the civil lawsuit petition or administrative complaint request along with supporting documents and evidence to the competent court according to the provisions of Article 190 of the Civil Procedure Code and Article 119 of the Administrative Procedure Law.

2. The Court receives the petition, records it in the petition book, and confirms receipt according to the provisions of Clause 1 of Article 191 of the Civil Procedure Code and Clause 1 of Article 121 of the Administrative Procedure Law.

3. Within two working days from the date of receipt of the lawsuit petition or request, if it does not fall under any of the cases specified in Clauses 1, 2, 4, 6, and 7 of Article 19 of this Law, the Court shall notify the plaintiff or petitioner in writing about their right to choose mediation, conversation, and to select a Mediator according to the provisions of this Law.

4. Within three working days from the date of receipt of the Court's notification, the plaintiff or petitioner must respond in writing or by other means to the Court regarding the contents notified by the Court. In case the plaintiff or petitioner directly comes to the Court to present their opinions, the Court shall record the opinions in a protocol; the protocol shall bear the signature or fingerprint of the parties. After the deadline, the Court shall handle the matter as follows:

a) Assign a Judge responsible for mediation and conversation to perform tasks according to the provisions of this Law if the plaintiff or petitioner agrees to mediation and conversation;

b) Transfer the petition for handling according to the provisions of the procedural law if the plaintiff or petitioner disagrees with mediation and conversation;

c) Notify the plaintiff or petitioner again in writing about their right to choose mediation, conversation, and to select a Mediator if they have not responded.

5. If the plaintiff or petitioner fails to respond within three working days from the date of receipt of the second notification as stipulated in point c of Clause 4 of this Article, the Court shall assign a Judge responsible for mediation and conversation to perform tasks according to the provisions of this Law.

6. In case the plaintiff or petitioner agrees to mediation and conversation as stipulated in point a of Clause 4 of this Article or if they fail to respond to the Court as stipulated in Clause 5 of this Article, within three working days, the Judge responsible for mediation and conversation shall appoint a Mediator according to the provisions of Article 17 of this Law.

8. Within three working days from the date of receipt of the Court's notification as stipulated in Clause 7 of this Article, the defendant must respond in writing or by other means about agreeing or disagreeing to proceed with mediation and conversation. After the deadline, the matter shall be handled as follows:

a) The Mediator shall conduct mediation and conversation if the defendant agrees to mediation and conversation or does not respond to the Court;

b) The Judge responsible for mediation and conversation shall appoint another Mediator if the defendant requests a change of Mediator;

c) The Court shall transfer the petition for handling according to the provisions of the procedural law if the defendant disagrees with mediation and conversation.

9. The time for receiving and processing lawsuit petitions and requests according to this Law shall not be counted towards the statute of limitations for filing a lawsuit or the deadline for handling petitions as stipulated in the Civil Procedure Code and the Administrative Procedure Law if the case is resolved according to the provisions of the procedural law.

10. The President of the Supreme People's Court shall provide detailed regulations for this Article.

Article 17. Selection and Appointment of Mediators

1. Each case shall be mediated and negotiated by one Mediator.

2. The plaintiff or the party requesting selection of a Mediator from the list of Mediators of the competent court must notify the court of the mediator's name, address.

4. The judge responsible for mediation and negotiation at the court handling the case shall appoint the Mediator according to the selection of the plaintiff or the requesting party in the following cases:

a) As provided in Clause 2 of this Article;

b) As provided in Clause 3 of this Article when obtaining the consent of the selected mediator and the court where that mediator works;

c) As provided in point c, Clause 1 of Article 18 of this Law.

5. The judge responsible for mediation and negotiation at the court handling the case shall appoint the Mediator on their own in the following cases:

a) The plaintiff or the requesting party does not select a Mediator as prescribed in Clauses 2 and 3 of this Article;

b) There is no consent of the selected mediator and the court where that mediator works as prescribed in Clause 3 of this Article while the parties do not select another mediator;

c) The mediator refuses to mediate and negotiate or is requested to be replaced as prescribed in Clause 1 of Article 18 of this Law while the parties do not select another mediator;

d) The defendant requests to change the mediator as prescribed in point b, Clause 8 of Article 16 of this Law.

6. The appointment of a Mediator as prescribed in Clause 5 of this Article must be based on the nature of each case; in cases involving persons under eighteen years old, the judge shall appoint a mediator with experience and knowledge of the psychology of persons under eighteen years old.

Article 18. Refusal of Mediation and Negotiation, Change of Mediator

1. A Mediator must refuse to be selected, appointed, or replaced if they fall into one of the following situations:

a) They have rights or obligations related to the mediation and negotiation case;

b) There is clear evidence that the Mediator may not be impartial or objective in performing their duties;

c) The parties change the appointed Mediator and agree to select another Mediator;

d) It is impossible to mediate and negotiate due to force majeure or objective obstacles;

đ) They are relieved of their position or forced to stop being a Mediator as stipulated by this Law.

2. A Mediator who refuses mediation and negotiation as prescribed in points a, b, and d of Clause 1 of this Article must notify the reasons to the parties, the competent court, and the court where the Mediator works. Parties requesting to change the Mediator must notify the reasons to the Mediator, the competent court, and the court where the Mediator works.

Article 19. Cases where mediation and dialogue shall not be conducted at the Court

1. Claims for compensation due to damage to state property.

2. Matters arising from civil transactions that violate prohibitions under the law or contravene social morals.

3. The plaintiff, claimant, defendant, or interested party has been invited to participate in mediation and dialogue twice but still failed to attend without force majeure or objective obstacles, or could not participate due to legitimate reasons.

4. One of the spouses in a divorce dispute lacks capacity for civil conduct.

5. One of the parties requests that mediation and dialogue not be conducted.

6. One of the parties requests the application of provisional emergency measures as stipulated in the Civil Procedure Code and the Administrative Procedure Law.

7. Other cases as prescribed by law.

Article 20. Time Limit for Mediation and Dialogue at the Court

1. The time limit for mediation and dialogue is twenty days from the date the mediator is designated; for complex cases, this period may be extended but shall not exceed thirty days.

2. The parties may agree to extend the time limit for mediation and dialogue, but it shall not exceed two months.

Article 21. Preparation for Mediation and Dialogue at the Court

The preparatory work of the mediator for mediation and dialogue includes:

1. Receiving the complaint and accompanying documents transferred by the Court.

2. Recording the case in the tracking register.

3. Studying the complaint and accompanying documents transferred by the Court.

4. Determining the status of the parties, representatives, and interpreters in civil disputes and administrative complaints; informing them about the mediation and dialogue.

5. Requesting the parties to provide additional information, documents, and evidence; proposing solutions to resolve civil disputes and administrative complaints.

6. Developing mediation and dialogue plans and solutions.

7. Inviting reputable individuals capable of influencing each side to participate in mediation and dialogue when necessary to support the process.

8. Studying relevant legal provisions, understanding customs, traditions, and circumstances of the parties to serve the mediation and dialogue process when necessary.

9. Seeking opinions from agencies, organizations, or individuals with expertise in areas related to civil disputes and administrative complaints to serve the mediation and dialogue process when necessary.

10. Other necessary contents for mediation and dialogue.

Article 22. Methods of Mediation and Dialogue at the Court

1. Mediation and dialogue can be conducted in one or multiple sessions.

2. Mediation and dialogue can take place at the Court's premises or outside the premises according to the choice of the parties.

3. The mediation and dialogue session can be conducted in person or through other appropriate forms upon request of the parties.

4. The mediator may conduct mediation and dialogue with all parties present or separately with each party; requesting each party to present their views on the issues of the civil dispute or administrative complaint; proposing mediation and dialogue solutions. If one of the parties has a representative or interpreter, the mediator must invite them to participate in the mediation and dialogue.

Article 23. Duties of Mediators during the mediation and dialogue process at the Court

1. Popularize and explain the rights and obligations of the parties.

2. Create conditions for the parties to propose and exchange solutions to resolve civil disputes and administrative complaints.

3. Analyze the effectiveness and feasibility of each solution to resolve civil disputes and administrative complaints; assist the parties in reaching an agreement and consensus.

Article 24. Conducting Mediation and Dialogue Sessions at the Court

1. When the parties agree to meet to unify the resolution plan for civil disputes and administrative complaints, the Mediator shall determine the time and place for the mediation and dialogue session and notify the parties, representatives, and interpreters at least five days before the opening of the mediation and dialogue session.

2. The notification may be made in writing or by other convenient means for the parties.

Article 25. Composition of Mediation and Dialogue Sessions at the Court

1. The composition of the mediation and dialogue session includes:

a) Mediators;

b) Parties, representatives, and interpreters;

c) Invited participants in mediation and dialogue when necessary.

2. The parties may participate directly or through their representatives in mediation and dialogue; they must also notify in writing the name, address of the representative to the opposing party and the Mediator. For divorce mediation, both parties in the marital relationship must participate directly in mediation. The rights and obligations of the representatives of the parties are determined according to the provisions of the Civil Code.

3. The defendant in administrative complaints may authorize a representative to participate in dialogue. The authorized representative must have full authority to resolve the complaint.

Article 26. Procedure for Mediation and Dialogue Sessions at the Court

1. The Mediator introduces the participants in the mediation and dialogue session; presents the content to be mediated and dialogued; describes the preparation process for mediation and dialogue; disseminates relevant legal regulations on resolving civil disputes and administrative complaints, and analyzes the legal consequences of successful mediation and dialogue.

2. The plaintiff, claimant, or their representative presents the content of the claim or lawsuit; proposes views on issues to be mediated and dialogued and directions to resolve disputes and complaints.

3. The defendant or their representative expresses their opinion on the claims of the plaintiff or claimant; proposes views on issues to be mediated and dialogued; directions to resolve disputes and complaints.

4. The interested party with rights and obligations or their representative expresses their opinion on the claims of the plaintiff or claimant, the defendant; proposes views on issues to be mediated and dialogued; directions to resolve disputes and complaints.

5. The invited participant in mediation and dialogue expresses their opinion.

6. The Mediator performs the duties stipulated in Article 23 of this Law to assist the parties in exchanging opinions, supplementing unclear contents, and reaching an agreement and consensus on resolving disputes and complaints.

7. The Mediator summarizes the issues agreed upon and unified by the parties or those not yet agreed upon and unified.

Article 27. Conducting a session to record the results of mediation and dialogue at the Court

1. When the parties reach an agreement on resolving the entire or part of the civil case or administrative complaint, the mediator shall determine the time and place for holding the session to record the results of mediation and dialogue. The session to record the results of mediation and dialogue may be organized immediately after the mediation and dialogue session or at another suitable time. The mediator must notify the persons specified in Clause 1 of Article 28 of this Law.

2. The mediator conducts the session to record the results of mediation and dialogue at the headquarters of the competent court.

Article 28. Composition of the session to record the results of mediation and dialogue at the Court

1. The composition of the session to record the results of mediation and dialogue includes:

a) Mediators;

b) Parties, representatives, and interpreters;

c) The judge responsible for mediation and dialogue or another judge assigned by the Chief Judge of the Court (hereinafter referred to collectively as the judge participating in the session).

2. The delegation of authority for representatives to participate in the session to record the results of mediation and dialogue is carried out in accordance with the provisions of Clause 2 and Clause 3 of Article 25 of this Law.

Article 29. Postponement and resumption of the session to record the results of mediation and dialogue at the Court

1. The mediator postpones the session to record the results of mediation and dialogue when it falls under one of the following circumstances:

a) One of the parties has been notified but is absent. In the event of a second absence without force majeure or objective impediment, mediation and dialogue shall be terminated; the mediator transfers the petition and accompanying documents to the Court for resolution in accordance with Article 41 of this Law;

b) The mediator or the judge participating in the session is absent due to force majeure or objective impediment;

c) At the request of the parties.

2. When postponing the session, the mediator must notify in writing the persons specified in Clause 1 of Article 28 of this Law. The postponement period shall not exceed seven days from the date of the postponement notice.

3. Upon expiration of the period stipulated in Clause 2 of this Article, the mediator must resume the session to record the results of mediation and dialogue.

Article 30. Procedure for the session to record the results of mediation and dialogue at the Court

1. The mediator presents a summary of the course of mediation and dialogue and the contents agreed upon by the parties.

2. The parties and their representatives express their opinions on the agreed-upon contents.

3. If the agreed-upon contents of the parties are unclear, the judge requests the parties to provide additional explanations.

4. The mediator prepares the minutes recording the results of mediation and the minutes recording the results of dialogue in accordance with Article 31 of this Law and reads them aloud to the parties.

5. The parties, their representatives, and interpreters sign or affix their fingerprints, and the mediator signs the minutes recording the results of mediation and the minutes recording the results of dialogue.

6. The judge participating in the session signs to confirm the minutes recording the results of mediation and the minutes recording the results of dialogue and must keep confidential the information about the mediation and dialogue provided by the parties during the session at their request.

Article 31. Record of Mediation and Dialogue Results at the Court

1. The record of mediation results and the record of dialogue results must include the following contents:

a) Date, month, year, and location of the session recording the mediation and dialogue results;

b) Participants in the session recording the mediation and dialogue results;

c) Course of the mediation and dialogue process; successful mediation and dialogue results. In cases where there are contents that the parties have not agreed upon, these should also be recorded in the record;

d) If the parties agree to divorce amicably, their agreement must fully cover the divorce, division of property, custody, care, education of minor children, adult children who lack civil capacity or are unable to work and have no assets to support themselves, on the basis of ensuring legitimate rights according to the Law on Marriage and Family;

đ) Where the content of the mediation agreement or dialogue consensus involves the rights and obligations of other persons but those persons are not present at the mediation or dialogue session, this must be clearly recorded in the record;

e) Opinions of the parties regarding the request or non-request for the court to issue a decision recognizing the successful mediation or dialogue results;

g) Signature or thumbprint of the parties, representatives, and interpreters;

h) Signature of the mediator;

i) Confirmation signature of the judge participating in the session.

2. The record of mediation results and the record of dialogue results shall be kept in the mediation file and handed over to the parties present. In cases where the persons specified in point đ of Clause 1 of this Article are absent, the mediator must send the record to them so they can provide their opinions.

3. The mediator refuses to prepare the record of mediation results and the record of dialogue results if it falls under the circumstances stipulated in point g of Clause 1 of Article 14 of this Law.

Article 32. Procedure for Issuing a Decision to Recognize or Not Recognize Successful Mediation and Dialogue Results at the Court

1. After preparing the record of mediation results and the record of dialogue results, the mediator transfers the record along with accompanying documents to the competent court to issue a decision recognizing the successful mediation and dialogue results when the parties request such recognition.

2. The preparation period for issuing a decision to recognize successful mediation and dialogue results is fifteen days from the date the court receives the record and accompanying documents. During this period, the judge assigned by the Chief Judge of the court has the following rights:

a) To request one or more parties to present their opinions on the successful mediation and dialogue results recorded in the record;

b) To request relevant authorities, organizations, or individuals to provide the court with documents serving as the basis for the decision, if deemed necessary. Authorities, organizations, or individuals requested by the court have the responsibility to respond to the court within five working days from the date of receipt of the court's request.

3. Upon expiration of the period stipulated in Clause 2 of this Article, the judge must issue one of the following decisions:

a) If the conditions stipulated in Article 33 of this Law are met, the judge issues a decision recognizing the successful mediation and dialogue results;

b) If the conditions stipulated in Article 33 of this Law are not met, the judge issues a decision not recognizing the successful mediation and dialogue results and specifies the reasons. The judge transfers the decision, record, and accompanying documents to the competent court to resolve the case according to the law on procedure.

4. The decision to recognize or not recognize the successful mediation and dialogue results shall be sent to the parties and the same-level prosecution office within three working days from the date the court issues the decision.

Article 33. Conditions for Recognizing Successful Mediation and Dialogue Results at the Court

The successful mediation and dialogue results shall be recognized when the following conditions are met:

1. All parties have full capacity to act in civil matters;

2. All parties are those with rights and obligations concerning the content of the agreement and consensus;

3. The content of the agreement and consensus among the parties is entirely voluntary, does not violate prohibitions stipulated by law, does not contravene social morals, and does not aim to evade obligations towards the State or other agencies, organizations, or individuals;

4. In cases where the parties agree to divorce amicably, their agreement must fully cover the divorce, division of property, custody, care, upbringing, and education of minor children, adult children who lack civil capacity or have no ability to work and no assets to support themselves, on the basis of ensuring legitimate rights and interests of spouses and children according to the provisions of the Civil Code;

5. Where the content of the mediation agreement and dialogue consensus involves the rights and obligations of others but such persons are not present at the mediation session or dialogue, the agreement and consensus shall only be recognized if they provide written consent;

6. Where the parties reach an agreement or consensus on part of a civil dispute or administrative complaint, it shall only be recognized if the content of the agreement or consensus does not relate to other parts of the dispute or complaint.

Article 34. Decision Recognizing Successful Mediation and Dialogue Results at the Court

The decision recognizing successful mediation and dialogue results must include the following contents:

1. Date, month, year of issuance;

2. Name of the court issuing the decision;

3. Name of the judge issuing the decision;

4. Names and addresses of the parties, representatives, and interpreters;

5. Content of successful mediation and dialogue;

6. Basis for issuing the decision recognizing successful mediation and dialogue results.

Article 35. Legal Effectiveness of the Decision Recognizing Successful Mediation and Dialogue Results at the Court

1. The decision recognizing successful mediation and dialogue results has legal effect and cannot be appealed or protested through appellate procedures as prescribed by the Civil Procedure Code and the Administrative Procedure Law.

2. The decision recognizing successful mediation results shall be enforced according to the provisions of the law on enforcement of civil judgments.

3. The decision recognizing successful dialogue results shall be enforced according to the provisions of the law on administrative procedure.

Article 36. Requesting Reconsideration of the Decision Recognizing Successful Mediation and Dialogue Results at the Court

1. The decision recognizing successful mediation and dialogue results may be reconsidered upon request from the parties, representatives, or persons with rights and obligations related to the court's decision, or upon the procuratorate's recommendation if there is evidence that the content of the agreement and consensus among the parties violates one of the conditions stipulated in Article 33 of this Law.

2. The parties, representatives, or persons with rights and obligations related to the court's decision have the right to request reconsideration of the decision recognizing successful mediation and dialogue results within fifteen days from the date of receipt or knowledge of the decision. If they fail to exercise this right due to force majeure or other objective obstacles within the specified period, that time shall not be counted toward the request period.

3. The procuratorate at the same level has the right to recommend reconsideration of the decision recognizing successful mediation and dialogue results within fifteen days from the date of receipt of the court's decision.

Article 37. Procedure for Requesting and Proposing to Reconsider the Decision Recognizing the Outcome of Successful Mediation and Dialogue at the Court

The person requesting, the People's Procuracy proposing to reconsider the decision recognizing the outcome of successful mediation and dialogue must submit the request letter or the proposal document to the higher court directly above the court that issued the decision recognizing the outcome of successful mediation and dialogue.

Article 38. Procedure for Handling Requests and Proposals to Reconsider the Decision Recognizing the Outcome of Successful Mediation and Dialogue at the Court

1. Within two working days from the date of receipt of the request letter or the proposal document to reconsider the decision recognizing the outcome of successful mediation and dialogue, the higher court directly above shall request the court that issued the decision to transfer the case file and materials. Within two working days from the date of receipt of the request, the court that issued the decision must transfer the case file and materials to the higher court directly above. Within two working days from the date of receipt of the case file and materials, the higher court directly above must accept the case and assign a Judge to review and resolve it; simultaneously notify the person requesting, the People's Procuracy proposing, and the same-level People's Procuracy.

2. Within thirty days from the date of assignment, the Judge shall carry out verification, collection of evidence, study of the case file and materials. In cases where there is sufficient basis to conclude that the decision recognizing the outcome of successful mediation and dialogue violates one of the conditions stipulated in Article 33 of this Law, the Judge shall issue a decision to revoke that decision and proceed with the procedures to transfer the case to the competent court for resolution according to the Civil Procedure Code and the Administrative Procedure Law. In cases where there is no basis to conclude that the decision recognizing the outcome of successful mediation and dialogue violates one of the conditions stipulated in Article 33 of this Law, the Judge shall issue a decision not to accept the request or proposal and maintain the decision recognizing the outcome of successful mediation and dialogue. In cases where the person requesting withdraws the request, or the People's Procuracy withdraws the proposal, the Judge shall issue a decision to terminate the examination of the request or proposal.

3. The decision prescribed in Clause 2 of this Article must be sent to the People's Procuracy that proposed, the same-level People's Procuracy, the person requesting, and the person with rights and obligations related to the request or proposal within five working days from the date of issuance of the decision.

Article 39. Decision on Resolving Requests and Proposals to Reconsider the Decision Recognizing the Outcome of Successful Mediation and Dialogue at the Court

1. The decision on resolving requests and proposals to reconsider the decision recognizing the outcome of successful mediation and dialogue must include the following contents:

a) Date of issuance of the decision;

b) Name of the Court issuing the decision;

c) Name and surname of the Judge issuing the decision;

d) Name and address of the person requesting; name of the People's Procuracy proposing;

đ) Name and address of the person with rights and obligations related to the request or proposal;

e) Specific issues requested to be resolved by the Court;

g) Legal basis for resolving the request or proposal;

h) The Court’s assessment and the bases for accepting or not accepting the request or proposal;

i) The Court’s decision.

2. The Court’s decision becomes legally binding from the date of issuance of the decision.

Article 40. Termination of Mediation and Dialogue at the Court

Mediation and dialogue shall terminate in any of the following cases:

1. Successful mediation, successful dialogue;

2. The parties fail to reach an agreement on all aspects of the civil case or administrative complaint, or only agree on part of the civil case or administrative complaint but that part is related to other parts of the civil case or administrative complaint;

3. One party or the parties disagree to continue mediation or dialogue, or are absent after being notified twice legally about mediation or dialogue;

4. During mediation or dialogue, it is discovered that the case falls under the provisions of Article 19 of this Law;

5. One of the parties requests the application of provisional emergency measures as provided for in the Civil Procedure Code or the Administrative Procedure Law during mediation or dialogue;

6. The plaintiff withdraws the complaint or request.

Article 41. Handling the Termination of Mediation and Dialogue at the Court

1. The mediator transfers the complaint and accompanying documents to the court that received the complaint for examination and acceptance of the case according to the provisions of the Civil Procedure Code and the Administrative Procedure Law in the cases specified in Clauses 2, 3, 4, and 5 of Article 40 of this Law, except for confidential documents as stipulated in Clause 3 of Article 4 of this Law.

2. In the case where the plaintiff withdraws the complaint or request as provided for in Clause 6 of Article 40 of this Law, the mediator transfers the complaint and accompanying documents to the court that received the complaint for examination and resolution according to general regulations and notifies the parties. A judge who participated in the mediation session shall not participate in the resolution of the case according to civil or administrative litigation procedures.

3. The mediator prepares a record of termination of mediation and dialogue in the cases specified in Clauses 2, 3, 4, and 5 of Article 40 of this Law. Within three working days from the date of preparing the record, the mediator must send the record along with the complaint, request, and accompanying documents to the court that received the complaint and notify the parties.

Chapter IV

IMPLEMENTING PROVISIONS

Article 42. Effective Date

This Law takes effect from January 1, 2021.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 14th term, the 9th session, on June 16, 2020./.