Law on Grassroots Conciliation, Law No. 35/2013/QH13

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ATTRIBUTE Law on Grassroots Conciliation

Law No. 35/2013/QH13 dated June 20, 2013 of the National Assembly on Grassroots Conciliation
Issuing body: National Assembly of the Socialist Republic of VietnamEffective date:
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Official number:35/2013/QH13Signer:Nguyen Sinh Hung
Type:LawExpiry date:Updating
Issuing date:20/06/2013Effect status:
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Fields:Administration , Civil

SUMMARY

CONCILIATORS MUST OBTAIN THE CONSENT OF MORE THAN 50% OF THE HOUSEHOLD REPRESENTATIVES

On June 20, 2013, the XIIIth National Assembly formally approve the Law No. 35/2013/QH13 on Grassroots Conciliation provides the principles and the State’s policies on grassroots conciliation, conciliators and conciliation teams; grassroots conciliation activities; and responsibilities of agencies and organizations in grassroots conciliation activities (excluding Conciliation activities of courts and arbitrations, commercial conciliation, labor conciliation and conciliation at People’s Committees of communes, wards or townships).

Within that grassroots conciliation means the process whereby conciliators guide and assist the involved parties in reaching agreement on voluntary settlement between themselves of conflicts, disputes or law violations and persons elected to be conciliators must be Vietnamese citizens residing at the grassroots, voluntarily participate in grassroots conciliation activities and meet the criteria such as having good moral quality; having prestige in the residential communities and having capability to persuade and agitate people; having legal knowledge.

Heads of the Front Working Boards shall assume the prime responsibility for, and coordinate with village chiefs or heads of street residential groups in, organizing the election of conciliators in villages or street residential groups by public voting or secret ballots at meetings of household representatives and distributing opinion cards to households. Persons proposed for recognition as conciliators must obtain the consent of more than 50% of the household representatives in the village or street residential group.

The Law also promulgates clearly that conciliators shall have the rights to conduct grassroots conciliation activities; to request parties to provide documents and information relating to cases or matters to be conciliated; to participate in activities of conciliation teams, discuss and decide on contents and mode of operation of these teams; to be trained in legal knowledge and conciliation skills; to be provided with documents relating to conciliation activities; to enjoy remunerations according to conciliated cases and matters; to be commended and rewarded according to the law on emulation and commendation and so on.

This Law takes effect on January 1, 2014.
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Effect status: Known

 THE PRESIDENT

Order No. 08/2013/L-CTN of June 28, 2013, on promulgation of law

THE PRESIDENT OF THE SOCIALISTREPUBLIC OF VIETNAM

Pursuant to Articles 103 and 106 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;

Pursuant to Article 91 of the Law on Organization of the National Assembly;

Pursuant to Article 57 of the Law on Promulgation of Legal Documents,

PROMULGATES

the Law on Grassroots Conciliation,

which was passed on June 20, 2013, by the XIIIth National Assembly of the Socialist Republic of Vietnam at its 5th session.

President of the SocialistRepublic of Vietnam
TRUONG TAN SANG

Law on Grassroots Conciliation

(No. 35/2013/QH13)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;

The National Assembly promulgates the Law on Grassroots Conciliation.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Law provides the principles and the State’s policies on grassroots conciliation, conciliators and conciliation teams; grassroots conciliation activities; and responsibilities of agencies and organizations in grassroots conciliation activities.

2. Conciliation activities of courts and arbitrations, commercial conciliation, labor conciliation and conciliation at People’s Committees of communes, wards or townships (below referred collectively to as commune level) are not governed by this Law.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Grassroots conciliation means the process whereby conciliators guide and assist the involved parties in reaching agreement on voluntary settlement between themselves of conflicts, disputes or law violations in accordance with this Law.

2. Grassroots means villages, hamlets, street residential groups, street quarters, street blocks and other residential communities (below referred collectively to as villages and street residential groups).

3. Parties means individuals, groups of individuals, families, groups of families or organizations involved in a conflict, dispute or law violation as provided in this Law.

4. Conciliator means a person recognized in accordance with this Law to conduct grassroots conciliation activities.

5. Conciliation team means a people’s self-managed organization set up at the grassroots level for conciliation activities in accordance with this Law.

Article 3. Scope of grassroots conciliation

1. Grassroots conciliation is carried out for conflicts, disputes and law violations, except the following cases:

a/ Conflicts and disputes that infringe upon the State’s interests or public interests;

b/ Violations of the law on marriage and family and civil transactions, which must not be conciliated as provided by the civil procedure law;

c/ Law violations which, according to regulations, must be examined for penal liability or administratively handled;

d/ Other conflicts and disputes which must not be conciliated at the grassroots as provided by law.

2. The Government shall detail this Article.

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ENGLISH DOCUMENTS

Official Gazette
Law 35/2013/QH13 PDF

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