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

ORDER

On the promulgation of law

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;

Pursuant to Article 80 of the Law on Promulgation of Legal Documents,

PROMULGATES:

The Law on Mediation and Dialogue at Court,

which was passed on June 16, 2020, by the XIV^thNational Assembly of the Socialist Republic of Vietnam at its 9^thsession.

President of the Socialist Republic of Vietnam
NGUYEN PHU TRONG

LAW ON MEDIATION AND DIALOGUE AT COURT^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam,

The National Assembly promulgates the Law on Mediation and Dialogue at Court.

Chapter l

GENERAL PROVISIONS

Article 1.Scope of regulation

1. This Law prescribes the principles and State’s policies on mediation and dialogue at court; rights and obligations of mediators at court, and parties to mediation and dialogue at court; responsibilities of courts in mediation and dialogue activities; and order and procedures for mediation and dialogue and recognition of results of successful mediation or dialogue at court.

2. Mediation and dialogue prescribed in this Law shall be conducted before the courts accept cases of civil, marriage and family, business, trade or labor disputes; requests for recognition of consent to divorce; and administrative cases falling under the courts’ jurisdiction provided in the Civil Procedure Code or the Law on Administrative Procedures.

3. This Law does not apply to mediation and dialogue activities already regulated by other laws.

Article 2.Interpretation of terms

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

1.Mediator at court(below referred to as mediator) means a qualified person who is appointed by the chief justice of a provincial-level people’s court to mediate civil, marriage and family, business, commercial or labor disputes, requests for recognition of consent to divorce (below collectively referred to as civil cases) and to hold dialogues on administrative lawsuits in accordance with this Law.

2.Mediation at courtmeans a mediation activity conducted by a mediator before the court accepts a civil case, in order to assist the parties to the mediation to agree to settle their civil case in accordance with this Law.

3.Dialogue at courtmeans a dialogue activity conducted by a mediator before the court accepts an administrative case, in order to assist the parties to the dialogue to agree to settle their administrative lawsuit in accordance with this Law.

4.Successful mediationmeans that through mediation, the parties to the mediation voluntarily agree on the settlement of the whole of their civil case or part of their civil case which is not related to other parts of such civil case.

5.Successful dialoguemeans that through dialogue, the parties to the dialogue voluntarily agree on the settlement of the whole of their administrative lawsuit or part of their administrative lawsuit which is not related to other parts of such lawsuit.

6.Parties to mediationinclude agencies, organizations and/or individuals involved in a civil case as prescribed in the Civil Procedure Code.

7.Parties to dialogueinclude agencies, organizations and/or individuals involved in an administrative lawsuit as prescribed in the Law on Administrative Procedures.

8.Representativemeans at-law representative or authorized representative as prescribed in the Civil Code.

Article 3.Principles of mediation and dialogue at court

1. Parties to mediation or dialogue (below referred to as parties) shall voluntarily mediate or hold dialogue.

2. Voluntary agreement of the parties shall be respected; coercion of the parties to reach an agreement against their will is prohibited.

3. Equality of rights and obligations between the parties shall be guaranteed.

4. The content of the mediation or dialogue agreement must not violate prohibitions of law, not be contrary to social morality, not aim to evade obligations to the State or other agencies, organizations or individuals, or not infringe upon lawful rights and interests of other agencies, organizations or individuals.

5. Information relating to mediation or dialogue cases shall be kept confidential under Article 4 of this Law.

6. Mediation and dialogue are conducted in a flexible manner suitable to the actual state and characteristics of each type of case.

7. Mediators conduct mediation and dialogue independently and lawfully.

8. The spoken and written language used in mediation and dialogue is Vietnamese. Participants in mediation and dialogue have the right to use their own languages and scripts; in this case they may themselves seek or request the mediator to seek an interpreter for them.

Participants in mediation and dialogue who are persons with hearing, speaking or visual impairments may use languages, symbols and scripts of people with disabilities; in this case, there must be a translator who knows the language, symbols and scripts of people with disabilities and is also regarded as an interpreter.

9. Gender equality shall be guaranteed and children’s lawful rights and interests protected in mediation and dialogue.

Article 4.Confidentiality of information relating to mediation and dialogue at court

1. Mediators, the parties, and other agencies, organizations and individuals invited to participate in mediation or dialogue may not disclose information they know during the mediation or dialogue process.

2. During the mediation or dialogue process, the mediation or dialogue may not be audio-recorded, video-recorded or recorded in minutes. Minutes may only be made to record results of mediation or dialogue in accordance with Article 31 of this Law. Mediators and the parties may only take notes to serve the mediation or dialogue and shall keep the notes confidential.

3. Agencies, organizations and individuals may not use documents and statements presented by the parties during the mediation or dialogue process as evidences in the settlement of cases in accordance with law, except the following cases:

a/ The party that presents documents and statements in the mediation or dialogue process gives consent to the use of such documents and statements as evidence;

b/ Documents and statements must be used as evidence in accordance with law.

4. Agencies, organizations and individuals that violate the provisions of Clauses 1, 2 and 3 of this Article shall be handled in accordance with law.

Article 5.State policies on mediation and dialogue at court

The State shall encourage parties to settle their civil cases or administrative lawsuits through mediation or dialogue at court; encourage persons who fully satisfy the conditions specified in this Law to act as mediators, and facilitate and assist at-court mediation and dialogue activities.

Article 6.Funds for mediation and dialogue at court

1. The State shall allocate funds for mediation and dialogue at court from the state budget and other lawful funding sources as prescribed by law.

2. The Government shall, after reaching agreement with the Supreme People’s Court, submit fund estimates for mediation and dialogue at court to the National Assembly for decision.

3. The Minister of Finance shall prescribe the estimation, management, use and account-finalization of funds for mediation and dialogue at court.

Article 7.Responsibilities of people’s courts for at-court mediation and dialogue activities

1. The Supreme People’s Court has the following responsibilities:

a/ To organize and manage mediation and dialogue activities in accordance with this Law;

b/ To organize training in mediation and dialogue knowledge and skills; to prescribe the order and procedures for the grant, revocation and use of mediator cards;

c/ To coordinate with the Government in submitting fund estimates for mediation and dialogue at court to the National Assembly for decision;

d/ To guide and inspect the management, use and account-finalization of funds for mediation and dialogue at court in accordance with law;

dd/ To inspect, and handle violations in, mediation and dialogue activities;

e/ To settle complaints about complaint settlement decisions of provincial-level people’s courts;

g/ To send annual work reports on at-court mediation and dialogue activities to the National Assembly;

h/ To perform other tasks prescribed by this Law.

2. A provincial-level people’s court has the following responsibilities:

a/ To organize mediation and dialogue activities in accordance with this Law;

b/ To appoint, re-appoint or relieve from duty mediators or remove their names; to grant and revoke mediator cards;

c/ To provide professional training for; to commend, and handle violations committed by, mediators;

d/ To designate, support and guide mediators in conducting mediation and dialogue; to evaluate and comment on the performance of its mediators;

dd/ To arrange locations, equipment and other necessary conditions for at-court mediation and dialogue activities;

e/ To settle complaints about its chief justice’s decisions on the dismissal of  mediators;

g/ To report on at-court mediation and dialogue activities under regulations of the Chief Justice of the Supreme People’s Court;

h/ To perform other tasks prescribed by this Law.

3. A district-level people’s court has the following responsibilities:

a/ To conduct mediation and dialogue activities in accordance with this Law;

b/ To propose the provincial-level People’s Court to appoint, re-appoint or relieve from duty mediators;

c/ To designate, support and guide mediators in conducting mediation and dialogue; to evaluate and comment on the performance of mediators; to support professional training; to propose commendation of, and handling of violations committed by, its mediators;

d/ To arrange locations, equipment and other necessary conditions for at-court mediation and dialogue activities;

dd/ To report on at-court mediation and dialogue activities under regulations of the Chief Justice of the Supreme People’s Court;

e/ To perform other tasks prescribed by this Law.

4. The Chief Justice of the Supreme People’s Court shall detail this Article.

Article 8.Rights and obligations of the parties

1. The parties have the following rights:

a/ To agree or refuse to participate in mediation or dialogue or to terminate mediation or dialogue;

b/ To participate directly or through representatives specified in Clauses 2 and 3, Article 25 of this Law in mediation or dialogue;

c/ To select mediators from the list of mediators of the court with jurisdiction to settle civil cases or administrative lawsuits; for cases falling under the jurisdiction of a district-level people’s court, to select mediators of another district-level people’s court within the same administrative boundary with the provincial-level people’s court;

d/ To request replacement of mediators in accordance with this Law;

dd/ To seek by themselves or request mediators to seek an interpreter in case participants in mediation or dialogue do not know Vietnamese or have hearing, speaking or visual impairments;

e/ To request mediators, participants in mediation or dialogue, other agencies, organizations or individuals, and judges participating in mediation or dialogue sessions who record the result of mediation or dialogue to keep confidential information provided by the parties;

g/ To express their will, and propose methods and solutions to settle disputes, claims or lawsuits; to agree on the content of mediation or dialogue;

h/ To request the court to recognize results of successful mediation or dialogue;

i/ To request the obligor to implement contents for which mediation or dialogue has been successfully conducted;

k/ To request a competent court to review the decision recognizing results of successful mediation or dialogue in accordance with this Law.

2. The parties have the following obligations:

a/ To comply with law;

b/ To participate in mediation or dialogue with a spirit of goodwill and cooperation in order to promote the mediation or dialogue process to achieve positive results; to accurately present details and contents of the case, and promptly and fully provide information, documents and evidence relating to the case at the request of the mediator;

c/ To take responsibility for authenticity of information, documents and evidence they provide in the mediation or dialogue process; if provided information, documents or evidence is/are forged, results of the mediation or dialogue will be invalidated; if showing criminal signs, to be handled in accordance with the penal law; if causing damage to other agencies, organizations or individuals, to pay compensation in accordance with law;

d/ To respect the mediator and related parties; to fulfill the mediator’s requests in accordance with this Law;

dd/ To abide by the regulations on mediation and dialogue at court;

e/ To implement contents for which mediation or dialogue has been successfully conducted.

Article 9.Expenses for mediation and dialogue at court

1. Expenses for mediation and dialogue at court shall be covered by the state budget, except the cases specified in Clause 2 of this Article.

2. The parties shall bear expenses in the following cases:

a/ Mediation expenses for business and commercial disputes involving monetary values;

b/ Expenses incurred when the parties agree to choose a mediation or dialogue location outside the court room; expenses incurred when the mediator inspects the current state of a property item related to the civil case or administrative lawsuit that is located outside the administrative boundary of the province where the competent court is based;

c/ Expenses for foreign language interpretation.

3. The Government shall prescribe in detail levels, order and procedures for collection and payment and the management and use of expenses specified in Clause 2 of this Article.

Chapter II

MEDIATORS

Article 10.Conditions for appointment of mediators

1. Vietnamese citizens permanently residing in Vietnam, being loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, having full civil act capacity and good moral qualities, being exemplary in the observance of law, and fully meeting the following conditions may be appointed as mediators:

a/ Having worked as judges, verifiers or clerks of courts, procurators or examiners of procuracies, civil judgment enforcers, or inspectors; lawyers, experts or other professionals with at least 10 years’ experience in the field where they work; or people knowledgeable about customs and practices and prestigious in the residential community;

b/ Possessing mediation and dialogue experience and skills;

c/ Being physically fit to fulfill assigned tasks;

d/ Possessing a certificate of further training in mediation and dialogue skills issued by a training institution of the Supreme People’s Court, except those who have worked as judges or court verifiers of principal verifier or senior verifier rank, court clerks of principal clerk or senior clerk rank, procurators, civil judgment enforcers or inspectors.

2. A person falling into one of the following cases may not be appointed as a mediator:

a/ Failing to meet the conditions specified in Clause 1 of this Article;

b/ Currently working as a cadre, civil servant or public employee; an officer or a non-commissioned officer of the People’s Army, a professional military man, a defense worker or employee; an officer or a non-commissioned officer or a worker of the People’s Public Security forces.

3. The Chief Justice of the Supreme People’s Court shall detail this Article.

Article 11.Appointment of mediators

1. A person who fully satisfies the conditions specified in Clause 1, Article 10 of this Law shall submit a dossier of request for appointment as a mediator to the court where he/she wishes to act as mediator.

2. A dossier of request for appointment as a mediator must comprise:

a/ A written request for appointment;

b/ A curriculum vitae and a criminal record certificate;

c/ A health certificate issued by a competent health agency;

d/ Papers proving the requester’s full satisfaction of the conditions specified at Point a, Clause 1, Article 10 of this Law;

dd/ A certificate of further training in mediation and dialogue skills referred to at Point d, Clause 1, Article 10 of this Law.

3. Based on the need to appoint mediators, the court receiving dossiers of request for appointment of mediators shall select qualified persons and propose the chief justice of the provincial-level People’s Court to consider and appoint the mediators.

4. Within 20 days after receiving a complete dossier of request for appointment of a mediator, the chief justice of the provincial-level people’s court shall consider and decide to appoint a mediator; in case of refusal, he/she shall issue a written reply clearly stating the reason.

5. Within 7 days after issuing the appointment decision, the chief justice of the provincial-level people’s court shall post the list of mediators on the website of the provincial-level people’s court and at the head office of the court where the mediator will work and, at the same time, send it to the Supreme People’s Court for posting on its portal.

6. The term of office of a mediator is 3 years from the date of his/her appointment.

7. The Chief Justice of the Supreme People’s Court shall detail this Article.

Article 12.Re-appointment of mediators

1. At the end of his/her term of office, a mediator may be considered for re-appointment, unless he/she:

a/ Is physically unfit for performing his/her tasks;

b/ Fails to fulfill his/her tasks;

c/ Is among 10% of the total number of mediators of the court where he/she works who in the past 2 years have the poorest level of performance, and need to be replaced.

2. A dossier of request for re-appointment of a mediator must comprise:

a/ A written request for re-appointment;

b/ A health certificate issued by a competent health agency;

c/ A report on the mediator’s performance of mediation and dialogue tasks;

d/ A report on evaluation and comments of the court where the mediator works on his/her performance of mediation and dialogue tasks.

3. The order and procedures for re-appointment and announcement of the list of mediators must comply with Clauses 4 and 5, Article 11 of this Law.

4. The Chief Justice of the Supreme People’s Court shall detail this Article.

Article 13.Relief from duty of mediators

1. The relief from duty of a mediator shall be effected in one of the following cases:

a/ The mediator so wishes;

b/ The mediator no longer satisfies any of the conditions specified in Clause 1, Article 10 of this Law or falls into the case specified at Point b, Clause 2, Article 10 of this Law.

2. When emerges a ground specified in Clause 1 of this Article, the court where the mediator works shall propose the chief justice of the provincial-level People’s Court to consider and decide to relieve from duty the mediator. Within 3 working days after receiving the proposal, the chief justice of the provincial-level people’s court shall consider and decide on the relief from duty of the mediator. This decision shall be sent to the mediator concerned and the court where he/she works.

3. Within 3 working days after issuing the decision to relieve from duty a mediator, the chief justice of the provincial-level people’s court shall remove the name of the mediator from the list of mediators, and publish the list of relieved-from-duty mediators on the website of the provincial-level people’s court and post it at the office of the court where the mediator works, and, at the same time, send it to the Supreme People’s Court for posting on the latter’s portal.

4. The provincial-level people’s court shall revoke the mediator card after removing the name of the mediator.

Article 14.Rights and obligations of mediators

1. A mediator has the following rights:

a/ To conduct mediation of civil cases and hold dialogue on administrative lawsuits in accordance with this Law;

b/ To request the parties to provide information, documents and evidence pertaining to the content of their dispute or lawsuit; and other relevant information and documents necessary for mediation and dialogue;

c/ To inspect the current status of assets related to the dispute or lawsuit before making a minutes of mediation or dialogue results at the request of one of the parties;

d/ To invite prestigious people to participate in mediation and dialogue; to consult agencies, organizations and individuals with expertise in the field of disputes and lawsuits;

dd/ Not to be held responsible before law for authenticity of information, documents and evidence provided by the parties;

e/ To refuse to provide information, documents and evidence relating to civil cases or administrative lawsuits, unless the parties so agree in writing or as required by law;

g/ To refuse to make a minutes of results of mediation or dialogue if having sufficient grounds to ascertain that the parties’ agreement violates prohibitions of law, contravenes social morality, or shirks obligations to the State or another agency, organization or individual;

h/ To be trained in mediation and dialogue knowledge and skills;

i/ To be granted a mediator card;

k/ To enjoy remuneration under the Government’s regulations;

l/ To be commended in accordance with law.

2. A mediator has the following obligations:

a/ To conduct mediation and dialogue according to the order and procedures prescribed in this Law;

b/ To comply with law, and work in an independent, impartial and objective manner;

c/ To ensure confidentiality of information in accordance with this Law;

d/ Not to force the parties to enter into mediation or dialogue against their will;

dd/ Not to receive money or benefits from the parties;

e/ To refuse to conduct mediation or dialogue if it falls into one of the cases specified at Points a, b and d, Clause 1, Article 18 of this Law;

g/ To respect the agreement of the parties, if the content of such agreement does not violate prohibitions of law, contravene social morality, or aim to shirk obligations to the State or other agencies, organizations or individuals;

h/ To refuse to participate in legal proceedings as proceeding-conducting persons or proceeding participants in the cases in which they have conducted mediation or dialogue but failed and which were referred to the court for settlement according to legal proceedings, unless otherwise prescribed by law.

Article 15.Commendation of, and handling of violations committed by, mediators

1. Mediators who record achievements in performing their tasks shall be commended in accordance with law.

2. Mediators who violate the provisions of this Law may, depending on the nature and severity of their violations, be considered and handled in accordance with law or dismissed.

3. The chief justice of a provincial-level people’s court who has appointed a mediator has the competence to handle the violating mediator in the form of dismissal.

4. A dismissed mediator will have his/her name removed from the list of mediators and his/her mediator card revoked. Procedures for notifying the handling of a violating mediator, removal of a mediator’s name and revocation of a mediator card must comply with Clauses 3 and 4, Article 13 of this Law.

5. A dismissed mediator has the right to lodge a complaint with the chief justice of the provincial-level People’s Court who has issued the dismissal decision within 30 days from the date of receiving such decision. The chief justice of the provincial-level people’s court shall settle the complaint within 30 days after receiving it.

In case of disagreement with the complaint settlement decision, the complainant has the right to lodge a complaint with the Chief Justice of the Supreme People’s Court within 15 days after receiving such decision. The Chief Justice of the Supreme People’s Court shall settle the complaint within 30 days after receiving it. The complaint settlement decision of the Chief Justice of the Supreme People’s Court is final.

6. The Chief Justice of the Supreme People’s Court shall detail this Article.

Chapter III

ORDER AND PROCEDURES FOR MEDIATION AND DIALOGUE AT COURT AND RECOGNITION OF THE RESULT OF MEDIATION OR DIALOGUE AT COURT

Article 16.Order of receiving and processing lawsuit petitions and written requests in courts and designating mediators

1. The suer or requester shall send the lawsuit petition or written request for settlement of a civil case or an administrative lawsuit enclosed with documents and evidence to a court with jurisdiction under Article 190 of the Civil Procedure Code or Article 119 of the Law on Administrative Procedures.

2. The court shall receive the petition or written request, make an entry in the petition receipt register, and certify the receipt according to Clause 1, Article 191 of the Civil Procedure Code or Clause 1, Article 121 of the Law on Administrative Procedures.

3. Within 2 working days after receiving the lawsuit petition or written request, if it does not fall into one of the cases specified in Clauses 1, 2, 4, 6 and 7, Article 19 of this Law, the court shall notify in writing the suer or requester of the right to choose mediation or dialogue and to select mediators in accordance with this Law.

4. Within 3 working days after receiving the court’s notice, the suer or requester mentioned in Clause 3 of this Article shall respond in writing or by other means to the court on the notified contents. In case the suer or requester personally comes to the court to present his/her opinion, the court shall make a minutes recording his/her opinion that must bear his/her signature or fingerprint. If this time limit has expired, depending on each case, the court shall:

a/ Assign the judge in charge of mediation and dialogue to perform the tasks in accordance with this Law if the suer or requester agrees to mediation or dialogue;

b/ Transfer the petition or request for handling in accordance with the procedural law if the suer or requester disagrees to mediation or dialogue;

c/ Notify the suer or requester for the second time for him/her to exercise the right to choose mediation or dialogue and to select a mediator if the suer or requester has not yet responded.

5. Past 3 working days from the date of receipt of the second notice specified at Point c, Clause 4 of this Article, if the suer or requester still does not respond, the court shall assign the judge in charge of mediation and dialogue to perform the tasks in accordance with this Law.

6. In case the suer or requester agrees to mediation or dialogue under Point a, Clause 4 of this Article or if he/she fails to respond to the court under Clause 5 of this Article, within 3 working days, the judge in charge of mediation and dialogue shall designate a mediator in accordance with Article 17 of this Law.

7. The court shall notify in writing the transfer of the case for mediation or dialogue and the written designation of the mediator to the mediator concerned, the suer or the requester, the sued, and the person with related interests and obligations.

In case the selected mediator is on the list of mediators of another district-level People’s Court, the written designation of the mediator shall be sent to that court.

8. Within 3 working days from the date of receipt of the court’s notice specified in Clause 7 of this Article, the sued shall respond in writing or in other forms to agree or disagree to mediation or dialogue. After this time limit expires, depending on each case:

a/ The mediator shall conduct mediation or dialogue if the sued agrees to mediation or dialogue or does not respond to the court;

b/ The judge in charge of mediation or dialogue shall designate another mediator if the sued requests replacement of the mediator;

c/ The court shall forward the petition or written request for handling in accordance with the procedural law if the sued disagrees to mediation or dialogue.

9. The time for receiving and processing lawsuit petitions and written requests under this Law shall not be counted into the statute of limitations for initiating lawsuits or the time limit for processing written requests prescribed by the Civil Procedure Code or the Law on Administrative Procedures, if the case is settled in accordance with the procedural law.

10. The Chief Justice of the Supreme People’s Court shall detail this Article.

Article 17.Selection and designation of mediators

1. Each case of mediation or dialogue shall be conducted by 1 mediator.

2. The suer or requester shall select a mediator from the list of mediators of the court with jurisdiction to settle the case and shall notify the mediator’s full name and address to such court.

3. In case the suer or requester selects a mediator from the list of mediators of another district-level People’s Court within the same administrative boundary with the provincial-level People’s Court, he/she shall notify the mediator’s name and address to the court with jurisdiction to settle the case, the court where the selected mediator works.

Within 3 working days after receiving the notice of selection of the mediator, the selected mediator shall send his/her written consent or denial to the judge in charge of mediation and dialogue of the court settling the case, the court where he/she works and the suer or requester.

Within 2 working days after receiving the mediator’s written consent, the court where the mediator works shall give its opinion agreeing or disagreeing with the mediator and send such opinion to the court with jurisdiction to settle the case and the mediator; the mediator shall notify his/her consent to the suer or requester.

In case of receiving the denial from the mediator or the disagreement from the court where the mediator works, the suer or requester may choose another mediator.

4. The judge in charge of mediation and dialogue of the court settling the case shall designate the mediator selected by the suer or requester in the following cases:

a/ As prescribed in Clause 2 of this Article;

b/ As prescribed in Clause 3 of this Article, with the consent of the selected mediator and the court where such mediator works;

c/ As prescribed at Point c, Clause 1, Article 18 of this Law.

5. The judge in charge of mediation and dialogue of the court settling the case shall himself/herself designate a mediator in the following cases:

a/ The suer or requester does not select a mediator as prescribed in Clause 2 or 3 of this Article;

b/ Without the consent of the selected mediator or the agreement of the court where the mediator works as prescribed in Clause 3 of this Article, and the parties do not choose another mediator;

c/ The mediator refuses to conduct mediation or dialogue or is requested to be replaced as prescribed in Clause 1, Article 18 of this Law and the parties do not choose another mediator;

d/ The sued requests replacement of the mediator as prescribed at Point b, Clause 8, Article 16 of this Law.

6. The designation of a mediator as prescribed in Clause 5 of this Article shall be based on the nature of each case; if the case involves a person under 18 years old, the judge shall designate a mediator with experience in and understanding of psychology of persons under 18 years old.

Article 18.Refusal of mediation or dialogue, replacement of mediators

1. A mediator shall refuse when selected or designated, or be replaced in one of the following cases:

a/ Being a person with interests and obligations related to the case of mediation or dialogue;

b/ There are evident grounds to believe that the mediator may be neither impartial nor objective in the performance of his/her tasks;

c/ The parties replace the designated mediator and agree to select another mediator;

d/ The mediation or dialogue cannot be conducted because of aforce majeureevent or an external obstacle;

dd/ He/she is relieved from duty or dismissed in accordance with this Law.

2. A mediator who refuses to conduct mediation or dialogue in the cases specified at Points a, b and d, Clause 1 of this Article shall notify the reason to the parties, the court with jurisdiction to settle the case and the court where he/she works.

The parties proposing replacement of the mediator shall notify the reason to the mediator, the court with jurisdiction to settle the case and the court where the mediator works.

3. Within 3 working days after the mediator refuses to conduct mediation or dialogue or is requested to be replaced, if the parties do not agree to choose another mediator, the judge in charge of mediation and dialogue shall designate another mediator to conduct mediation or dialogue and notify such designation to the mediator and the parties.

In case the parties choose another mediator, the judge in charge of mediation and dialogue shall designate the mediator chosen by the parties and notify such designation to the mediator and the parties.

If the judge designates the mediator of another district-level People’s Court, he/she shall notify such designation to that court.

Article 19.Cases in which mediation and dialogue may not be conducted at court

1. Claims are made for compensation for damage to the State’s property.

2. Cases arising from civil transactions violate prohibitions of law or are contrary to social morality.

3. The suer or the requester, the sued or a person with related interests and obligations has been duly invited for the second time to participate in the mediation or dialogue but is still absent not due to aforce majeureevent or an external obstacle or cannot participate in the mediation or dialogue for a plausible reason.

4. A spouse in a divorce dispute is a person who has lost his/her civil act capacity.

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

6. One of the parties requests the application of provisional urgent measures in accordance with the Civil Procedure Code or the Law on Administrative Procedures.

7. Other cases as prescribed by law.

Article 20.Time limit for mediation or dialogue at court

1. The time limit for mediation or dialogue is 20 days from the date the mediator is designated; for complicated cases, this time limit can be extended up to 30 days at most.

2. The parties may agree to extend the time limit for mediation or dialogue up to 2 months at most.

Article 21.Preparation for mediation or dialogue at court

The preparation for mediation or dialogue by a mediator includes:

1. Receiving the lawsuit petition or written request and accompanying documents transferred by the court;

2. Recording information about the case in the case monitoring register;

3. Studying the lawsuit petition or written request and accompanying documents transferred by the court;

4. Determining the eligibility of the parties, their representatives and the interpreter in the civil case or administrative lawsuit; notifying the parties of the mediation or dialogue;

5. Requesting the parties to supplement information, documents and evidence; proposing plans and solutions to settle the civil case or administrative lawsuit;

6. Preparing plans and solutions for mediation or dialogue;

7. Inviting prestigious people who have the ability to influence each party to participate in the mediation or dialogue to facilitate the mediation or dialogue when necessary;

8. Studying provisions of relevant laws, customs, practices and circumstances of the parties to serve the mediation or dialogue when necessary;

9. Consulting agencies, organizations and individuals with expertise in the fields related to the civil case or administrative lawsuit to serve the mediation or dialogue when necessary;

10. Other contents necessary for the mediation or dialogue.

Article 22.Modes of mediation and dialogue at court

1. The mediation and dialogue can be conducted in one or more than one session.

2. The mediation and dialogue may be conducted at the head office of the court or outside the head office of the court as selected by the parties.

3. Mediation and dialogue sessions can be conducted in a face-to-face form or another suitable form as requested by the parties.

4. A mediator can conduct mediation or dialogue in the presence of all the parties or meet each party individually; request each party to present his/her opinions on issues of the civil case or administrative lawsuit and propose mediation or dialogue plans and solutions.

In case one of the parties has a representative or an interpreter, the mediator shall invite him/her to participate in the mediation or dialogue.

Article 23.Tasks of mediators in the course of conducting mediation and dialogue at court

1. To inform and explain the parties of their rights and obligations.

2. To create conditions for the parties to propose and exchange plans and solutions to settle their civil cases or administrative lawsuits.

3. To analyze the efficiency and feasibility of each plan or solution to settle civil cases or administrative lawsuits; to assist the parties in reaching agreement.

Article 24.Conducting of at-court mediation and dialogue sessions

1. When the parties agree to meet to reach agreement on a plan to settle a civil case or an administrative lawsuit, the mediator shall set the time and place for the mediation or dialogue session and notify such to the parties and their representatives and/or interpreters at least 5 days before the date of opening the mediation or dialogue session.

2. The notification may be made in writing or in another form convenient for the parties.

Article 25.Participants in at-court mediation and dialogue sessions

1. Participants in a mediation or dialogue session include:

a/ The mediator;

b/ The parties, representatives and/or interpreters;

c/ Persons invited to participate in the mediation or dialogue when necessary.

2. The parties may directly participate or authorize their representatives to participate in mediation or dialogue; at the same time, one party shall notify in writing the full name and address of its/his/her representative to the other party and the mediator. For mediation of a divorce case, the husband and wife shall directly participate in the mediation.

The rights and obligations of representatives of the parties shall be determined in accordance with the Civil Code.

3. The sued in an administrative lawsuit may authorize a representative to participate in the dialogue. An authorized representative must have full authority to settle the lawsuit.

Article 26.Proceedings of at-court mediation or dialogue sessions

1. The mediator shall introduce participants in the mediation or dialogue session; present contents that need mediation or dialogue; developments in the process of preparing the mediation or dialogue; notify legal provisions relating to the settlement of civil cases and administrative lawsuits, and analyze legal consequences of successful mediation or dialogue.

2. The suer or requester or his/her representative shall present the content of his/her lawsuit or request; and propose views on issues that need mediation or dialogue, and solutions to the dispute or lawsuit.

3. The sued or his/her representative shall present his/her opinions on the claims of the suer or requester; and propose views on issues that need mediation or dialogue, and solutions to the dispute or lawsuit.

4. Persons with related interests and obligations or their representatives shall present their opinions on the claims of the suer or requester and the sued; and propose views on issues that need remediation or dialogue, and solutions to the dispute or lawsuit.

5. Persons who are invited to participate in mediation or dialogue shall present their opinions.

6. The mediator shall perform the tasks specified in Article 23 of this Law to assist the parties in exchanging opinions, presenting additional information on unclear contents and reaching agreement on the settlement of the dispute or lawsuit.

7. The mediator shall summarize the issues already agreed upon or not yet agreed upon by the parties.

Article 27.Conducting of meetings to recognize results of mediation and dialogue at court

1. When the parties reach an agreement on the settlement of the whole or part of the civil case or administrative lawsuit, the mediator shall set the time and place for a meeting to recognize the result of mediation or dialogue.

A meeting to recognize the result of mediation or dialogue may be held right after the mediation or dialogue session or at another appropriate time.

The mediator shall notify the meeting to the persons defined in Clause 1, Article 28 of this Law.

2. The mediator shall conduct a meeting to recognize the result of mediation or dialogue at the head office of the court with jurisdiction to settle the case.

Article 28.Participants in a meeting to recognize the result of mediation or dialogue at court

1. Participants in a meeting to recognize the result of mediation or dialogue include:

a/ The mediator;

b/ The parties, representatives and interpreters;

c/ The judge in charge of mediation and dialogue or another judge assigned by the chief justice of the court (below referred to as attending judge).

2. The authorization for a representative to attend a meeting to recognize the result of mediation or dialogue must comply with Clauses 2 and 3, Article 25 of this Law.

Article 29.Postponement and reopening of meetings to recognize results of mediation and dialogue at court

1. The mediator may postpone a meeting to recognize the result of mediation or dialogue in one of the following cases:

a/ One of the parties has been notified but is absent. In case of absence for the second time not due to aforce majeureevent or an external obstacle, the mediation or dialogue shall be terminated; the mediator shall transfer the lawsuit petition or written request and accompanying documents to the court for settlement in accordance with Article 41 of this Law;

b/ The mediator or the attending judge is absent due to aforce majeureevent or an external obstacle;

c/ The parties so request.

2. When postponing the meeting, the mediator shall notify it in writing to the persons defined in Clause 1, Article 28 of this Law. The postponement time must not exceed 7 days from the date of notification of the postponement.

3. At the end of the time specified in Clause 2 of this Article, the mediator shall reopen the meeting to recognize the result of mediation or dialogue.

Article 30.Proceedings of a meeting to recognize the result of mediation or dialogue at court

1. The mediator shall present a summary of the mediation or dialogue process and contents agreed upon by the parties.

2. The parties or their representatives shall give their opinions on the agreed contents.

3. In case the agreed contents are not clear, the judge shall ask the parties to make additional presentations.

4. The mediator shall make a minutes to recognize the result of mediation or dialogue according to Article 31 of this Law and read it aloud to the parties.

5. The parties or their representatives and interpreters shall sign or press their fingerprints on and the mediator shall sign the minutes recognizing the result of mediation or dialogue.

6. The attending judge shall sign for certification the minutes recognizing the result of mediation or dialogue and keep confidential the contents of the mediation or dialogue provided by the parties at the meeting at their request.

Article 31.Minutes recognizing the result of mediation or dialogue at court

1. A minutes recognizing the result of mediation or dialogue must contain the following details:

a/ Date and place of the meeting to recognize the result of mediation or dialogue;

b/ Participants in the meeting;

c/ Developments of the mediation or dialogue process; result of successful mediation or dialogue.

Contents not agreed upon by the parties, if any, shall also be recorded in the minutes;

d/ In case the parties agree to divorce, their agreement must contain all details on the divorce, the division of property, the care, nurturing, and education of minor child(ren) or adult child(ren) who has/have lost his/her/their civil act capacity or has/have no working capacity and has/have no property to support himself/herself/themselves, on the basis of guaranteeing the legitimate interests of  spouses and child(ren) in accordance with the Law on Marriage and Family;

dd/ In case the mediation or dialogue agreement between the parties is related to the rights and obligations of another person but such person was not present at the mediation or dialogue session, such shall be clearly stated in the minutes;

e/ Opinions of the parties on whether or not to request the court to issue a decision recognizing the result of successful mediation or dialogue;

g/ Signatures or fingerprints of the parties, their representatives and interpreters;

h/ Signature of the mediator;

i/ Signature for certification of the attending judge.

2. A minutes recognizing the result of mediation or dialogue shall be inserted in the mediation or dialogue file and handed over to the parties present at the meeting.

In case any of the persons specified at Point dd, Clause 1 of this Article is absent, the mediator shall send the minutes to him/her for opinion.

3. The mediator shall refuse to make a minutes recognizing the result of mediation or dialogue if it falls into the case specified at Point g, Clause 1, Article 14 of this Law.

Article 32.Procedures for making decisions to recognize or not to recognize the result of successful mediation or dialogue at court

1. After making a minutes recognizing the result of mediation or dialogue, the mediator shall transfer it and accompanying documents to a court with jurisdiction to settle civil cases or administrative lawsuits to issue a decision recognizing the result of successful mediation or dialogue in case the parties so request.

2. The time limit for preparing for issuance of a decision recognizing the result of successful mediation or dialogue is 15 days from the date the court receives the minutes and accompanying documents. During this time limit, the judge assigned by the chief justice of the court to consider and issue such a decision has the following powers:

a/ To request one party or the parties to present his/her/their opinions on the result of successful mediation or dialogue stated in the minutes;

b/ To request competent agencies, organizations or individuals to provide the court with documents as a basis for making the decision, if deeming it necessary. Such agencies, organizations and individuals shall respond to the court within 5 working days after receiving the court’s request.

3. Upon the expiration of the time limit specified in Clause 2 of this Article, the judge shall issue:

a/ A decision recognizing the result of successful mediation or dialogue, if the conditions specified in Article 33 of this Law are fully met; or,

b/ A decision not recognizing the result of successful mediation or dialogue, clearly stating the reason, if the conditions specified in Article 33 of this Law are not fully met. The judge shall transfer the decision, minutes and accompanying documents to a court with jurisdiction to settle the case in accordance with the procedural law.

4. The decision recognizing or not recognizing the result of successful mediation or dialogue shall be sent to the parties and the procuracy of the same level within 3 working days from the date it is issued by the court.

Article 33.Conditions for recognition of the result of successful mediation or dialogue at court

The result of a successful mediation or dialogue shall be recognized when the following conditions are fully met:

1. The parties have full civil act capacity;

2. The parties are the persons who have rights and obligations to the agreed contents;

3. The contents agreed between the parties are completely voluntary, do not violate the prohibitions of law, are not contrary to social morality, or do not aim to evade obligations to the State or agencies, organizations or individuals;

4. In case the parties agree to divorce, their agreement must contain all details on the divorce, the division of property, the care, nurturing, and education of minor child(ren) or adult child(ren) who has/have lost his/her civil act capacity or has/have no working capacity and has/have no property to support himself/herself/themselves, on the basis of guaranteeing the legitimate interests of spouses and children in accordance with the Law on Marriage and Family;

5. In case the contents agreed in the mediation or dialogue between the parties are related to the rights and obligations of another person but such person is not present at the mediation or dialogue session, the agreement shall only be recognized with such person’s written consent;

6. In case the parties agree on part of the civil dispute or administrative lawsuit, their agreement shall be recognized only when the agreed contents do not relate to other parts of such dispute or lawsuit.

Article 34.Decisions recognizing the result of successful mediation or dialogue at court

A decision recognizing the result of successful mediation or dialogue must contain the following details:

1. Date of issuance of the decision;

2. Name of the court issuing the decision;

3. Full name of the judge issuing the decision;

4. Full names and addresses of the parties, their representatives and the interpreters;

5. Contents of successful mediation or dialogue;

6. Grounds for issuing the decision.

Article 35.Effect of decisions recognizing the result of successful mediation or dialogue at court

1. A decision recognizing the result of successful mediation or dialogue is legally effective and cannot be appealed or protested against according to appellate procedures prescribed in the Civil Procedure Code or the Law on Administrative Procedures.

2. Decisions recognizing the result of successful mediation shall be executed in accordance with the law on enforcement of civil judgments.

3. Decisions recognizing the result of successful dialogue shall be executed in accordance with the law on administrative procedures.

Article 36.Requests and recommendations for review of decisions recognizing the result of successful mediation or dialogue at court

1. Decisions recognizing the result of successful mediation or dialogue may be subject to review at the request of the parties, their representatives or persons with interests and obligations related to the court’s decisions or at the recommendation of the procuracy if there are grounds to believe that the parties’ agreement breaches one of the conditions specified in Article 33 of this Law.

2. The parties, their representatives or persons with interests and obligations related to the court’s decision have the right to request review of the decision recognizing the result of successful mediation or dialogue within 15 days after receiving or being informed of such decision. If, due to aforce majeureevent or another external obstacle, they cannot exercise the right to request on time, the delayed time shall not be included in the time limit for request.

3. The procuracy of the same level may recommend review of the court’s decision recognizing the result of successful mediation or dialogue within 15 days after receiving such decision.

Article 37.Procedures for requesting and recommending review of decisions recognizing the result of successful mediation or dialogue at court

A person requesting or a procuracy recommending review of the decision recognizing the result of successful mediation or dialogue shall send a written request or recommendation to the immediate superior court of the court that issued the decision recognizing the result of successful mediation or dialogue.

Article 38.Procedures for settling requests or recommendations for review of decisions recognizing the result of successful mediation or dialogue at court

1. Within 2 working days after receiving a written request or recommendation for review of the decision recognizing the result of successful mediation or dialogue, the immediate superior court shall request the court that issued the decision to transfer the case file and documents. Within 2 working days after receiving such request, the court that issued the decision shall transfer the file and documents to the immediate superior court. Within 2 working days after receiving the file and documents, the immediate superior court shall accept the case and assign a judge to review and settle it; and at the same time notify the requesting person or recommending procuracy and the procuracy of the same level.

2. Within 30 days from the date of receiving the assignment, the judge shall verify, collect evidence, and study the file and documents.

In case there are sufficient grounds to conclude that the decision recognizing the result of successful mediation or dialogue breaches one of the conditions specified in Article 33 of this Law, the judge shall issue a decision to cancel such recognition decision and carry out the procedures to refer the case to a competent court for settlement in accordance with the Civil Procedure Code or the Law on Administrative Procedures.

In case there is no ground for concluding that the decision recognizing the result of successful mediation or dialogue breaches one of the conditions specified in Article 33 of this Law, the judge shall issue a decision to reject the request or recommendation, and uphold the recognition decision.

In case the requesting person withdraws his/her request or the procuracy withdraws its recommendation, the judge shall issue a decision to suspend the consideration of the request or recommendation.

3. The decision specified in Clause 2 of this Article shall be sent to the recommending procuracy, the procuracy of the same level, the requesting person and persons with interests and obligations related to the request or recommendation within 5 working days from the date of its issuance.

Article 39.Decision on settlement of requests or recommendations for review of decisions recognizing the result of successful mediation or dialogue at court

1. A decision to settle a request or recommendation for review of the decision recognizing the result of successful mediation or dialogue must contain the following details:

a/ Date of issuance of the decision;

b/ Name of the court issuing the decision;

c/ Full name of the judge issuing the decision;

d/ Full name and address of the requesting person; name of the recommending procuracy;

dd/ Full names and addresses of the persons with related interests and obligations;

e/ Specific issues that are requested to be settled by the court;

g/ Legal grounds for the settlement of the request or recommendation;

h/ Assessment of the court and grounds for accepting or rejecting the request or recommendation;

i/ The court’s decision.

2. The court’s decision shall take legal effect on the date of its issuance.

Article 40.Termination of mediation or dialogue at court

A mediation or dialogue may terminate in one of the following cases:

1. It is successful;

2. The parties fail to reach an agreement on the entire contents of the civil case or administrative lawsuit or can only reach agreement on part of the civil case or administrative lawsuit while that part is related to other parts of such case or lawsuit;

3. One party disagrees or the parties disagree to continue the mediation or dialogue or is/are absent after being duly notified of the mediation or dialogue for the
second time;

4. During the process of mediation or dialogue, the case is discovered to fall into the cases specified in Article 19 of this Law;

5. One of the parties requests the application of provisional urgent measures according to the provisions of the Civil Procedure Code or the Law on Administrative Procedures during the process of mediation or dialogue;

6. The person filing the lawsuit petition or written request withdraws it.

Article 41.Handling of cases of termination of mediation or dialogue at court

1. The mediator shall forward the lawsuit petition or written request and accompanying documents to the court that received the petition or request for consideration and acceptance of the case in accordance with the Civil Procedure Code or the Law on Administrative Procedures in the case specified in Clause 2, 3, 4 or 5, Article 40 of this Law, except documents to be kept confidential specified in Clause 3, Article 4 of this Law.

2. In case the person filing the lawsuit petition or written request withdraws it under Clause 6, Article 40 of this Law, the mediator shall forward the petition or request and accompanying documents to the court that received the petition or request for consideration and settlement according to general regulations and notify the parties thereof.

The judge who has participated in the meeting to recognize the result of mediation or dialogue may not participate in the settlement of such case according to civil or administrative proceedings.

3. The mediator shall make a minutes of the termination of the mediation or dialogue, for the case specified in Clause 2, 3, 4 or 5, Article 40 of this Law. Within 3 working days from the date of making the minutes, the mediator shall send it together with the lawsuit petition or written request and accompanying documents to the court that received the petition or request, and notify the parties thereof.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 42.Effect

This Law takes effect on January 1, 2021.

This Law was passed on June 16, 2020, by the XIV^thNational Assembly of the Socialist Republic of Vietnam at its 9^thsession.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN